HomeMy WebLinkAbout062007 Packet (2)
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, June 20, 2007
CLOSED SESSION – 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
CALL MEETING TO ORDER – 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference with Legal Counsel-Existing Litigation (Subdivision (a) of Section 54956.9)
Name of case: Christiano v. City of Saratoga. Santa Clara County Superior Court 106CV-
072297.
Conference with Legal Counsel-Existing Litigation (Subdivision (a) of Section 54956.9)
Name of case: Giberson v. City of Saratoga (real parties Byrd, Oak Creek Partners LLC
and Maston) Santa Clara County Superior Court 106CV-072297.
Conference with Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Barbara Powell, Assistant City Manager, and
Monica LaBossiere, Human Resources Manager.
Employee organization: SEA
Conference with Labor Negotiators (Gov't Code 54957.6):
Agency designated representative: Dave Anderson, City Manager
Employee organization: SMO
Conference with Labor Negotiators (Gov't Code 54957.6):
Agency designated representative: Barbara Powell, Assistant City Manager and
Monica LaBossiere, Human Resources Manager
Employee organization: Millmen & Industrial Carpenters Local 262
OPEN MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
Joint Meeting with the Saratoga Traffic Safety Commission
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
1
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
June 14, 2007)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Report from the Saratoga Traffic Safety Commission
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Appointment of Youth Commissioner and Oath of Office
Recommended action:
Adopt the attached resolution appointing one member to the Youth Commission and
direct the City Clerk to administer the Oath of Office.
2. Proclamation Declaring the Month of July 2007 as “Parks and Recreation Month”
Recommended action:
Present proclamation.
SPECIAL PRESENTATIONS
3. Cardea Center for Women
Recommended action:
Informational only.
4. Community Emergency Response Team (CERT)
Recommended action:
Informational only.
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CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
5. Review of Accounts Payable and Payroll Check Registers.
Recommended action:
That the City Council accepts the June 7, 2007 Check Registers.
6. Treasurer's Report for April, 2007
Recommended action:
Accept Treasurer's Report
7. 2007/08 Annual Investment Policy
Recommended action:
Approve 2007/08 Annual Investment Policy
8. Updated LAIF Resolution
Recommended action:
Approve Updated LAIF Resolution
9. 2006 Concrete Repair and Replacement Program Contract Change Order
Recommended action:
Approve Change Order to Contract
10. Extension of Contract for Street Sweeping Services
Recommended action:
1. Move to extend Street Sweeping Contract to Universal Sweeping Services from
July 1, 2007 to June 30, 2008 in the amount of $95,000.00
2. Move to increase the rate of compensation of curb miles by 3.2 % from $22.21 to
$22.94 per curb mile.
11. 2006 Annual Concrete Repair Project - Extension of Construction Contract to Build
Retaining Wall at West Valley College.
Recommended action:
Approve Change Order
12. Independent Contractor Agreement for Metropolitan Planning Group
Recommended action:
Authorize City Manager to execute agreement.
13. Second Reading and Adoption of an Ordinance Correction to Section 15-29.010(b) of
the Saratoga City Code Relating to Height Restrictions for Fences and Walls in
Setback Areas
Recommended action:
Grant the Second Reading and adopt the ordinance approving the correction to
Section 15-29.010(b) of the Saratoga City Code relating to height restrictions for
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fences and walls in setback areas.
14. Agency Agreement for Countywide AB 939 Implementation Fee and for Countywide
Household Hazardous Waste Services
Recommended action:
Authorize City Manager to execute agreement for Countywide AB 939
Implementation Fee and the First Amendment to the Agency Agreement for
Countywide Household Hazardous Waste (HHW) Collection Programs.
15. Adoption of Resolution Amending Resolution No. 04-007, Adding a Policy
Concerning City Sanction of Community Events to Council Policy on Norms of
Operations and Rules of Order and Procedure
Recommended action:
Review report and direct staff accordingly.
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
None
OLD BUSINESS
16. Plaques for Historic Properties
Recommended action:
As Directed by Council
17. Response to Santa Clara County Civil Grand Jury Report on North Campus Sale
Recommended action:
Review Draft Response to Grand Jury Report and provide direction to staff and
Mayor.
18. Adoption of the FY 2007/08 Operating Budget
Recommended action:
Adopt resolution approving the Proposed FY 2007/08 Operating Budget
19. Community Development Advance Planning Priorities
Recommended action:
Direct Staff Accordingly
NEW BUSINESS
20. Request to the City of Saratoga to Support the request from the Saratoga Clergy
Association to Annual Sponsor Neighborhood Block Parties
Recommended action:
Accept report and direct staff accordingly.
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21. Appeal of Encroachment Permit Application No. 07-079, which was approved by the
City Engineer, allowing connection of a private driveway to Wardell Road at 20865
Wardell Road.
Recommended action:
Affirm issuance of the encroachment permit subject to any additional conditions
recommended by the City’s Traffic Engineer.
22. Options for Addressing Climate Change
Recommended action:
Review report and direct staff accordingly.
23. Update of the Blaney Plaza Banner Policy and Consideration of a Use Policy and Fee
Schedule for Reserved Use of Blaney Plaza
Recommended action:
Staff recommends that Council adopt a resolution to update the existing Blaney Plaza
Banner Policy and consider establishing a use policy and fee schedule for reserved
use of Blaney Plaza and direct staff accordingly
24. Fee Schedule Update for the North Campus Administration Building and
Consideration of a North Campus Banner Policy
Recommended action:
Staff recommends that Council update the fee schedule for the North Campus
Administration Building Main Room rental to $100 per hour and the Conference
Room rental to $40 per hour (both with the current $300 Security Deposit and $25
Processing Fee) and consider establishing a use policy and fee schedule for hanging
banners at North Campus and direct staff accordingly
25. City Representation on the Saratoga Area Senior Coordinating Council (SASCC)
Board of Directors
Recommended action:
Staff recommends that Council review this report and appoints one Council member
and the City Manager or his designee to serve on the SASCC Board of Directors
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Aileen Kao
Association of Bay Area Government
Hakone Foundation
West Valley Mayors and Managers Association
City School AdHoc
County HCD Policy Committee
Vice Mayor Ann Waltonsmith
Hakone Foundation
Northern Central Flood Control Zone Advisory Board
KSAR
SASCC
Sister City Liaison
Prospect Road AdHoc
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Councilmember Chuck Page
Chamber of Commerce
Santa Clara County Cities Association-Joint Economic Development Policy Committee
(JEDPC)
West Valley Sanitation District
West Valley Solid Waste Joint Powers Association
Village AdHoc
Chamber of Commerce AdHoc
Councilmember Kathleen King
County Cities Association Legislative Task Force
Peninsula Division, League of California Cities
Santa Clara County Cities Association
Valley Transportation Authority PAC
City School AdHoc
Prospect Road AdHoc
Councilmember Jill Hunter
Historic Foundation
Library Joint Powers Association
Santa Clara County Emergency Council
Santa Clara County Valley Water Commission
Village AdHoc
Chamber of Commerce AdHoc
CITY COUNCIL ITEMS
OTHER
CITY MANAGER’S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on June 14, 2007,
of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 14th day of June 2007at Saratoga, California.
Cathleen Boyer, CMC
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 2007
7/4 Holiday – Meeting Cancelled
7/18 Regular Meeting – Joint Meeting with Hakone Foundation
8/1 Regular Meeting – Joint Meeting with Chamber of Commerce
8/15 Summer Recess – Meeting Cancelled
9/5 Regular Meeting – Joint Meeting with West Valley Board of Trustees
9/19 Regular Meeting
10/3 Regular Meeting
10/17 Regular Meeting
11/7 Regular Meeting
11/21 Regular Meeting
12/5 Regular Meeting – Reorganization
12/19 Regular Meeting
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Appointment of Youth Commissioner and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing one member to the Youth Commission and direct the
City Clerk to administer the Oath of Office.
REPORT SUMMARY:
The attached resolution appoints Sangita Annamalai to the Youth Commission. The term for this
position will expire on July 1, 2009.
Upon direction from the City Council the Oath of Office will be administered by the City Clerk
and signed by the new Commissioner.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointment would not be made to Youth Commission.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Update City’s Official Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A – Resolution of Appointment
Attachment B – Oath of Office
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RESOLUTION 07-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING ONE MEMBER TO THE YOUTH COMMISSION
WHEREAS, City Council conducted interviews on May 16, 2007 and appointed five
new members to the Youth Commisison; and
WHEREAS, City Council conducted one additional interview on June 6, 2007 and voted
to appointed one additional member to the Youth Commission.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the
following appointment was made:
SANGITA ANNAMALAI
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 20th day of June 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Aileen Kao, Mayor
ATTEST:
____________________________
Cathleen Boyer, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Sangita Annamalai, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will well and faithfully discharge the duties upon which I am about to enter.
__________________________
Sangita Annamalai, Member
Youth Commission
Subscribed and sworn to before me on
This 20th day of June 2007.
__________________________
Cathleen Boyer, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Proclamation Declaring the Month of July 2007 as “Parks and Recreation
Month”
RECOMMENDED ACTION:
Present proclamation.
REPORT SUMMARY:
The attached proclamation declares the month of July 2007 as “Parks and Recreation Month” in
the City of Saratoga.
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 the Council Agenda.
ATTACHMENTS:
Attachment A – Copy of Proclamation
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CITY OF SARATOGA
PROCLAMATION DECLARING
THE MONTH OF JULY 2007
PARKS & RECREATION MONTH
WHEREAS, the Parks and Recreation profession in California “Creates Community through
People, Parks and Programs”; and
WHEREAS, our parks help to preserve and protect the natural and cultural resources of
California; and
WHEREAS, Parks and Recreation services support more productive workforces, enhance
the desirability of locations for business and families, and stimulate tourism revenues to increase a
total community development model; and
WHEREAS, Parks and Recreation strengthens community image and sense of place, and
increases cultural unity; and
WHEREAS, Parks and Recreation promotes health and wellness and reduces health care
costs; and
WHEREAS, Parks and Recreation fosters human development, helping young people
develop and grow into healthy adults, and helping adults continue to live longer; and
WHEREAS, Parks and Recreation facilitates community problem solving; and
WHEREAS, Parks and Recreation strengthens safety and security and reduces juvenile
crime; and
WHEREAS, as hundreds of Saratoga children, adults and seniors benefit from the wide
range of services, facilities and programs provided by the Saratoga Recreation Department.
NOW, THEREFORE BE IT resolved the City of Saratoga urges all residents to enjoy and
recognize the social, physical, mental, economic, environmental and community benefits derived
from our Recreation Department, which provides something of value to everyone, and recognize
July as “Parks and Recreation Month”.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 20th
day of June 2007.
Aileen Kao, Mayor
City of Saratoga
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RECOMMENDED ACTION:
Accounts Payable: June 7, 2007
Payroll: June 7, 2007
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending Check
No.
Accounts Payable 6/7/07 105187 105229 43 $311,506.85 6/7/07 5/30/07 105186
Payroll (Pay Period 12-07)6/7/07 32360 32389 30 $132,022.31 6/7/07 5/24/07 32359
$443,529.16
AP Date Check # Issued to Dept.Purpose Amount
6/7/07 105198 CM May/June Animal Services $25,833.34
6/7/07 105226 PW Sara-Snyvl Rd. Rehab.$237,019.03
The following is a list of Accounts Payable checks that were voided or manually issued:
AP Date Check # Issued to Amount
5/16/07 104989 ($255.47)
Police & Public Safety
Gas Tax Fund
Reason
Voided 5/31/07 - Paid with Credit CardCampbell Graphics
Date
Starting
Check No.
TOTAL
City of San Jose
Top Grade Construc.
The following is a list of Accounts Payable checks issued for more than $10,000.00 and a brief description of the expenditure:
Fund
AGENDA ITEM:
Prior Check Register
Dave Anderson
That the City Council accepts the Check Registers for:
CITY MANAGER:
FINANCE & ADMIN.
SERVICES
Type of Checks
Mary Furey
Checks
Released
Finance & Admin. Services
SARATOGA CITY COUNCIL
SUBJECT: Review of Accounts Payable and Payroll Check Registers.
Amount
Karen Caselli
Ending
Check No.
Total
Checks
MEETING DATE:
ORIGINATING
DEPT:
PREPARED BY:
June 20, 2007
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Council Check Register - Meeting 06200713
The following is a list of cash reduction by fund:
Fund #Fund Description A/P 6/7 PR 6/7 Total
001 General 41,366.54 31,109.29 72,475.83
150 Streets & Roads 239,644.03 16,875.89 256,519.92
201 Manor Drive Landscape -
202 Ferdericksburg Landscape -
203 Greenbriar Landscape -
204 Quito Lighting -
205 Azule Lighting -
206 Sarahills Lighting -
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 165.00 165.00
225 Saratoga Legends Landscape -
226 Bellgrove Landscape -
227 Cunningham/Glasgow Landscape -
228 Kerwin Ranch Landscape -
229 Tollgate LLD -
231 Horseshoe Landscape/Lighting -
232 Gateway Landscape -
250 Development Services 3,704.98 56,341.94 60,046.92
260 Environmental Program SRF 6,621.59 5,346.85 11,968.44
270 CDBG - Federal Grants -
290 Recreation 9,286.95 17,001.57 26,288.52
291 Teen Services 400.00 4,320.60 4,720.60
310 Park Dev Cap Proj Fund -
320 Park Dev Capital Project -
352 Infrastructure -
400 Library Bond Debt Service -
420 Leonard Road -
501 Equipment Replacement ISF -
502 Information Technology -
503 Facility Improvement -
604 Planning Deposit Pre 2006 -
605 Planning Deposit FY 2006 -
701 Traffic Safety -
702 Highway 9 Safety -
703 Hakone ADA Improvements -
706 Sidewalk Annual Project -
707 Aloha Street Safety Improvement -
716 Highway 9/Oak Pedestrain 1,026.17 1,026.17
727 El Quito Area Curb Replacement -
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Council Check Register - Meeting 06200714
Fund #Fund Description A/P 6/7 PR 6/7 Total
728 Book Go Round Drainage -
731 Storm Drain Upgrades -
732 Median Landscape/Irrigation -
734 Civic Center Landscape -
735 Village Lights (Zone 7A)-
736 Village Trees Lighting -
738 Cox Ave Railroad Crossing -
741 Blaney Plaza Improvements -
743 Blaney Plaza Improvements/Cnstrc -
744 Village Sidewalk, Curb/Gutter -
746 Saratoga-Sunnyvale Gateway 692.88 692.88
755 Warner Hutton House Improvement -
758 Civic Center - CDD Offices -
762 North Campus/19848 Prospect 9,624.88 9,624.88
790 UPRR/De Anza Trail -
791 Kevin Moran -
792 Alternative Soccer Field -
793 Parks/Trails Repair -
311,506.85 132,022.31 443,529.16
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
TOTAL
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Council Check Register - Meeting 06200715
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SARATOGA CITY COUNCIL
MEETING
DATE:June 6, 2007 AGENDA ITEM:
ORIGINATIN
G DEPT:Administrative Services CITY MANAGER:
Dave Anderson
PREPARED
BY:
FINANCE & ADMIN.
SERVICES DIRECTOR
Karen Caselli Mary Furey
SUBJECT: Check Registers for: Accounts Payable- 5/9/2007, 5/16/07, 5/23/07/ 5/30/07
Payroll - 5/10, 5/24
RECOMMENDED ACTION:
the City Council accepts the Check Registers for: Accounts Payable- 5/9/2007, 5/16/07, 5/23/07/ 5/30/07
Payroll - 5/10, 5/24
REPORT SUMMARY:
Attached are the Check Registers for: Prior Check Register
Check
Date
Checks
Released Date
Ending
Check No.
Accounts Payable 5/9/07 5/10/07 5/1/07 104904
Accounts Payable 5/16/07
Accounts Payable 5/23/07
Accounts Payable 5/30/07
Payroll 5/10/07 5/10/07 4/26/07 32298
Payroll 5/24/07 5/24/07
Type of Checks Date
Starting
Check #
Ending
Check #Total Checks Amount
Accounts Payable 5/9/07 104905 104970 65 $188,173.92
Accounts Payable 5/16/07
Accounts Payable 5/23/07
Accounts Payable 5/30/07
Payroll (pay period 10-07)5/10/07 32299 32339 41 $140,403.98
Payroll (Pay period 11-07)5/24/07
TOTAL $328,577.90
The following is a list of checks issued for more than $10,000.00 and a brief description of the expenditure:
AP Date Check # Issued to Fund Dept.Purpose Amount
5/9 104956 Pacific Gas & Electric Various Various Gas/Electric 11,614.53$
5/9 104967 West Valley Sanitatio Environmental Svc.PW-Eng.Clean Water Program 109,480.25$
5/16
5/23
5/30
The following is a list of checks that were voided/manually issued:.
AP Date Check # Issued to Amount Purpose
5/9 104655 Pacific Gas & Electric (11,614.53) Void -See reissue 104956
5/9 104905 D & M Traffic Svc.3,773.88 Manual
5/9 104837 Gachina Landscape (8,475.83) Void - See reissue 104931
5/9 104872 Pacific Gas & Electric (12,284.18) Void-See reissues 104954-56
5/9 104849 Casey, Kathleen (250.00) Void - See reissue 104970
5/9 104970 Peck, Willys 250.00 Manual
5/16
5/23
5/30
The following is a list of cash reduction by fund:
Fund #Fund Description A/P 5/9 AP 5/23 AP 5/30 PR 5/10 PR 5/24 Total
001 General 31,675.21 39,642.67 71,317.88
150 Streets & Roads 1,891.70 17,508.24 19,399.94
201 Manor Drive Landscape 0.00
202 Ferdericksburg Landscape 0.00
203 Greenbriar Landscape 0.00
204 Quito Lighting 1,216.99 1,216.99
205 Azule Lighting 265.92 265.92
206 Sarahills Lighting 290.00 290.00
207 Village Lighting 2,401.98 2,401.98
209 McCartysville Landscape 15.96 15.96
210 Tricia Woods Landscape 1.80 1.80
211 Arroyo de Saratoga Landscape 96.55 96.55
212 Leutar Court Landscape 0.00
215 Bonnet Way Landscape 329.00 329.00
216 Beauchamps Landscape 48.50 48.50
217 Sunland Park Landscape 0.00
222 Prides Crossing Landscape 40.17 40.17
224 Village Commercial Landscape 0.00
225 Saratoga Legends Landscape 0.00
226 Bellgrove Landscape 88.12 88.12
227 Cunningham/Glasgow Landscape 6.18 6.18
228 Kerwin Ranch Landscape 0.00
229 Tollgate LLD 180.35 180.35
231 Horseshoe Landscape/Lighting 8.51 8.51
232 Gateway Landscape 0.00
250 Development Services 9,561.86 56,356.15 65,918.01
260 Environmental Program SRF 109,480.25 5,431.83 114,912.08
270 CDBG - Federal Grants 5,500.00 5,500.00
Fund #Fund Description A/P 5/9 AP 5/23 AP 5/30 PR 5/10 PR 5/24 Total
188,173.92 0.00 0.00 140,403.98 0.00 328,577.90
290 Recreation 8,047.88 16,324.66 24,372.54
291 Teen Services 1,054.65 4,114.26 5,168.91
310 Park Dev Cap Proj Fund 480.00 480.00
320 Park Dev Capital Project 0.00
352 Infrastructure 0.00
400 Library Bond Debt Service 0.00
420 Leonard Road 0.00
501 Equipment Replacement ISF 0.00
502 Information Technology 0.00
503 Facility Improvement 0.00
604 Planning Deposit Pre 2006 2,582.30 2,582.30
605 Planning Deposit FY 2006 2,086.54 2,086.54
701 Traffic Safety 669.65 669.65
702 Highway 9 Safety 0.00
703 Hakone ADA Improvements 0.00
706 Sidewalk Annual Project 0.00
707 Aloha Street Safety Improvement 0.00
716 Highway 9/Oak Pedestrain 1,026.17 1,026.17
727 El Quito Area Curb Replacement 729.01 729.01
728 Book Go Round Drainage 0.00
731 Storm Drain Upgrades 0.00
732 Median Landscape/Irrigation 0.00
734 Civic Center Landscape 720.10 720.10
735 Village Lights (Zone 7A)0.00
736 Village Trees Lighting 0.00
738 Cox Ave Railroad Crossing 0.00
741 Blaney Plaza Improvements 0.00
743 Blaney Plaza Improvements/Construc.0.00
744 Village Sidewalk, Curb/Gutter 0.00
746 Saratoga-Sunnyvale Gateway 203.66 203.66
755 Warner Hutton House Improvement 0.00
758 Civic Center - CDD Offices 0.00
762 North Campus/19848 Prospect 0.00
790 UPRR/De Anza Trail 8,147.44 8,147.44
791 Kevin Moran 0.00
792 Alternative Soccer Field 0.00
793 Parks/Trails Repair 353.64 353.64
TOTAL
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM: ____
ORIGINATING DEPT: Administrative Svcs CITY MANAGER:
PREPARED BY: _________________ DEPT HEAD:
B.J. Sadeghian Mary Furey, Finance &
Interim Accounting Supervisor Administrative Services Dir.
SUBJECT: Treasurer’s Report for the Month Ended April 2007
RECOMMENDED ACTION
That the City Council accept the monthly Treasurer’s Report.
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.
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.
Additionally with the passage of Chapter 687, Statutes of 2000 (AB 943 Dutra), effective January 1,
2001 cities are now required to forward copies of their second and fourth quarter calendar year
investment portfolio reports to the California Debt and Investment Advisory Commission (CDIAC)
within 60 days.
The CDIAC will use the report as an additional opportunity to examine public investment practices in a
more consistent basis than before.
Cities, such as the City of Saratoga, that are 100 percent invested in the Local Agency Investment Fund
(LAIF) are exempt from the new investment portfolio reporting requirements and are only required to
send a letter to CDIAC indicating the total and composition of their investments. This Treasurer’s Report
will satisfy our reporting requirement to the CDIAC.
The following pages in the attachment 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 IMPACTS
None
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City will not be in compliance with Government Code Section 53891 and Section 40804.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A - Cash and Investments 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
ATTACHMENT A
CASH AND INVESTMENTS BALANCE BY FUND
As of April 30, 2007, the City had $964,259 in cash deposit at Comerica bank, $14,483,747 on deposit
with LAIF, and $922 in cash with fiscal agents for the Public Financing Authority bonds. The bank
reconciliations are completed through the month of February 2007. The fund balances for Recreation
Services and Teen Services normally experience deficits during this time of year, when activity levels are
lower. It is expected that the funds will balance with summer time activities. Operating Transfers for
Quarter 1 and Quarter 2 have been made. Quarter 3 Operating Transfers to Recreation services
($11,475), to Teen services ($13,725), and to the Internal Services Funds are scheduled to be completed
with the May 31, 2007 monthly close. The Council Policy on operating reserve funds adopted on April
20, 1994, states that: for cash flow purposes, to avoid the necessity of dry period financing, pooled cash
from all funds should not be reduced below $2,000,000. The total pooled cash balance as of April 30,
2007 is $15,448,928 and exceeds the limit required.
Unrestricted Cash
Comerica Bank 964,259
Deposit with LAIF 14,483,747
15,448,006
Restricted Cash
Fiscal Agents 922
922
Total $ 15,448,928
The following table summarizes the City’s total cash and investment balances by Fund.
29
Fund Types Fund Description Cash & Investment Balance at April 2007
General General Fund $ 1,572,807
Designated Reserves
Petty Cash $ 1,300
Tree, Bench, & Plaque Dedication Program $ 1,678
Library Exterior Walls Maintenance $ 15,000
Theater Ticket Surcharge $ 22,533
Retiree Medical $ 62,500
CIP $ 74,387
Economic Uncertainty $ 1,500,000
Operations $ 2,554,150
Special Revenue Supplemental Law Enforcement Services Fund $ 100,000
Highway Users Gas Tax $ 504,939
Landscape and Lighting $ 276,839
Development Services $ 1,747,940
Designated Reserves:
Tree Preservation Ordinance 226 $ 122,609
General Plan Update $ 10,042
Document Storage $ 31,108
Environmental Programs $ 927,779
Development Fees $ 116,224
Community Development Block Grant $ (17,437)
SHARP loan $ 71,656
Recreation Services $ (7,729)
Teen Services $ (31,369)
CDD Deposits - Planning Deposit Pre FY2006 $ 126,736
CDD Deposits - Planning Deposit FY2006 $ 248,381
Capital Project Park Development $ 155,014
Library Expansion $ 298,935
Public Safety $ 269,078
Infrastructure $ 1,786,615
Facility $ 517,930
Park and Trails $ 1,535,714
Debt Service Library Bond $ 341,007
Internal Service Equipment Replacement $ (3,927)
Information Technology $ 382,654
Facility Improvement $ 76,746
Trust/Agency Leonard Road $ (7,019)
Public Financing Authority $ 922
KSAR - Community Access TV $ 63,185
Total City $ 15,448,928
30
ATTACHMENT B
CHANGES IN TOTAL FUND BALANCE
The following table presents the ending Fund Balances for the City’s major fund types at April 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
06/30/06
Fund Balance
Incr/(Decr)
Jul- Mar Revenues Expenditures Transfers
04/30/07
Fund Balance
General
General Fund 2,825,799 (2,521,379) 2,083,144 (935,386) 1,452,178
Designated Reserves:- - -
Petty Cash 1,300 - - - 1,300
Tree, Bench, & Plaque Dedication 28 1,650 - - 1,678
Library Exterior Wall Maintenance 15,000 - - - 15,000
Theater Ticket Surcharge 17,286 (1,507) - - 15,779
Retiree Medical - 62,500 - - 62,500
CIP 614,997 (540,610) - - 74,387
Economic Uncertainty 1,500,000 - - - 1,500,000
Operations 2,554,150 - - - 2,554,150
Special Revenue
Supplemental Law Enforcement Svs Fund - 100,000 - - 100,000
Highway Users Gas Tax 604,509 (22,565) - (278,177) 303,767
Landscape/Lighting Fd 250,321 38,277 405 (6,244) 282,759
Development Services 1,339,563 39,715 134,236 (222,439) 1,291,075
Designated Reserves:
Tree Preservation Ordinance 226 186,644 (17,886) - (21,293) 147,465
General Plan Update 7,065 8,290 1,585 (16,978) (38)
Document Storage - 27,841 574 - 28,415
Environmental Programs 909,760 86,266 25,811 (37,619) 984,218
CDBG (11,137) (42,593) - - (53,730)
SHARP Loan 75,287 (2,893) 1,111 - 73,505
Recreation Services (31,783) (59,492) 88,451 (59,670) (62,494)
Teen Services (38,728) 16,984 538 (9,454) (30,660)
Capital Project
Park Development 91,246 62,758 - (6,801) 147,203
Library Expansion 704,004 (30,712) - - 673,292
Public Safety 554,077 (67,268) - (39,398) 447,411
Infrastructure 1,942,934 (90,558) (338) (235,913) 1,616,125
Facility 96,280 478,606 (1,000) (60,314) 513,572
Park and Trails 196,887 173,737 (100,000) (19,171) 251,453
Debt Service
Library Bond 865,379 (534,555) 2,020 - 332,844
Internal Service Fund
Equipment Replacement 247,148 (271,925) - - (24,777)
Technology Replacement 403,520 23,605 - - 427,125
Facility Improvement 53,546 25,000 - (2,419) 76,127
Total City 15,975,082 (3,058,714) 2,236,538 (1,951,275) - 13,201,630
31
ATTACHMENT C
CASH AND INVESTMENTS BALANCES BY CIP PROJECT
The following table details the cash balances for each project in the Public Safety, Infrastructure, Facility,
and Park and Trails Capital Improvement Project Funds.
CIP Funds/Projects
Cash &
Investment Balance
at April 2007
Public Safety
Traffic Safety 47,367
Highway 9 Safety project 59,022
Hakone ADA Improvement (76,729)
Sidewalk-Yearly Project 90,707
Aloha Street Safety Improvement (8,825)
Bridges @ 4th Street 100,000
Highway 9 and Oak Place Pedestrian Sign (69,656)
Quito Road Bridge Replacement 127,192
Total Public Safety 269,078$
Infrastructure
Two Solar Power Radar Feedbacks 15,000
El Quito Area Curb Replacement 454,540
Book Go Round Drainage 22,721
Sobey Road Culvert Repair 150,000
Storm Drain Upgrades 66,782
Median Repairs(Landscape/Irrig.)11,495
Civic Center Landscape 87,079
Village Lights (Zone 7A)49,222
Village Trees & Lights at Sidestreets 7,000
Cox Ave Railroad Crossing Upgrade 25,124
City Entrance Sign/Monument 13,467
Blaney Plaza Improvement-Constructions (39,052)
Village Sidewalk, Curb & Gutter 733,664
Saratoga-Sunnyvale/Gateway 89,573
Storm Drain @ El Camino/Mt Vista 100,000
Total Infrastructure 1,786,615$
Facility
Warner Hutton House Improv 38,325
Fire Alarm at McWilliams & Book Go Round 25,000
North Campus - 19848 Prospect Road 448,061
Historical Park Fire Alarm System 6,543
Total Facility 517,930$
Parks & Trails
Hakone Garden D/W 168,433
Union Pacific Railroad (Deanza) Trail (41,574)
Kevin Moran Park 1,137,803
Alternative Soccer Field 247,839
Park/Trail Repairs 23,213
Total Parks & Trails 1,535,714$
Total CIP Funds 4,109,338$
32
ATTACHMENT D
FUND BALANCES BY CIP PROJECT
The following table details the fund balances for each project in the Public Safety, Infrastructure, Facility,
and Park and Trails Capital Improvement Project Funds.
CIP Funds/Projects
06/30/06
Fund Balance
Incr/(Decr)
Jul- Mar Revenues Expenditures Transfers
04/30/07
Fund Balance
Public Safety
Traffic Safety 67,568 (15,285) - (243) 52,040
Highway 9 Safety Project 100,000 - - (20,400) 79,600
Hakone ADA Improvement - (63,424) - (13,305) (76,729)
Sidewalks Yearly Project 185,001 (3,210) - (450) 181,341
Aloha Street Safety Improvement (57,529) 49,537 - (435) (8,427)
Bridges @ 4th Street 100,000 - - - 100,000
Highway 9 and Oak Place Pedestrian Sign 31,845 (34,886) - (4,564) (7,605)
Quito Road Bridge Replacement 127,192 - - - 127,192
Total Public Safety 554,077 (67,268) - (39,398) - 447,411
Infrastructure
Two Solar Power Radar Feedbacks - 15,000 - - 15,000
El Quito Area Curb Replacement 460,264 (861) - (249) 459,154
Book Go Round Drainage - 51,892 - (345) 51,547
Sobey Road Culvert Repair - 150,000 - - 150,000
Storm Drain Upgrades 167,864 43,450 - (144,532) 66,782
Median Repairs(Landscape/Irrig.)20,000 (7,855) - (325) 11,820
Civic Center Landscape 104,325 (5,528) - (10,511) 88,286
Village Lights (Zone 7A)- 50,000 - - 50,000
Village Trees & Lights at Sidestreets 7,000 - - - 7,000
Cox Ave Railroad Crossing Upgrade - (195,382) (338) - (195,720)
Signage @ City Entrance 13,467 - - - 13,467
Blaney Plaza Improvement - Contruction 99,787 (131,334) - 0 (31,547)
Village-Streetscape Impv (Sidewalk, Curbs) 738,624 (4,960) - - 733,664
Saratoga-Sunnyvale/Gateway 231,603 (54,980) - (79,952) 96,671
Storm Drain @ El Camino / Mt Vista 100,000 - - - 100,000
Total Infrastructure 1,942,934 (90,558) (338) (235,913) - 1,616,125
Facility
WHH Improvements 74,737 (22,617) - (7,623) 44,497
Civic Center - CDD Offices 15,000 (15,000) - - -
Fire Alarm at McWilliams & Book Go Round - 25,000 - - 25,000
North Campus - 19848 Prospect Road - 491,223 (1,000) (52,691) 437,532
Historical Park Fire Alarm System 6,543 - - - 6,543
Total Facility 96,280 478,606 (1,000) (60,314) - 513,572
Parks & Trails
Hakone Garden D/W 164,283 - - - 164,283
Union Pacific Railroad (Deanza) Trail (49,066) (68,395) (100,000) (12,624) (230,085)
Kevin Moran Improvements 46,468 (4,484) - (1,603) 40,381
Alternative Soccer Field - 250,000 - (676) 249,324
Park/Trail Repairs 35,202 (3,384) - (4,268) 27,550
Total Parks & Trails 196,887 173,737 (100,000) (19,171) - 251,453
Total CIP Funds 2,790,178 494,517 (101,338) (354,795) - 2,828,562
33
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM:
ORIGINATING Finance & Administrative CITY MANAGER:
DEPT: Services Dave Anderson
PREPARED BY: Mary Furey DEPT HEAD:
Mary Furey
SUBJECT: Annual Approval of the City’s Investment Policy for Fiscal Year 2007/08
RECOMMENDED ACTION
The City Council approves the Investment Policy for Fiscal Year 2007/08.
REPORT SUMMARY
California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section
2-20.035, and Section 16.0 of the City of Saratoga Investment Policy require the City Council to
annually review and approve the City’s Investment Policy.
The Investment Policy lays the foundation for the City’s investment management functions. It
serves as a guide for setting and achieving investment objectives, defines rules and established
benchmarks, prohibits and/or restricts investment instruments and reduces the exposure to
liability of both staff and City Council. Compliance with the Policy is an element of fiscal
discipline considered by the City’s auditors and rating agencies during their respective reviews.
Last year, at the June 21, 2006 Council Meeting, the City Council approved the Investment Policy in
its current version, there are no changes recommended to that investment policy. The policy is
modeled on the policy approved by the Association of Public Treasurers of the United States and
Canada (APT US&C) in August 2002.
FISCAL IMPACTS
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with State and Local regulations.
ALTERNATIVE ACTION
Direct Staff to make changes to the Investment Policy and return at the next meeting.
34
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A: Investment Policy
35
Attachment A
City of Saratoga
INVESTMENT POLICY FOR THE FISCAL YEAR 2007/08
1.0 Policy:
It is the policy of the City of Saratoga to invest public funds in a manner which will provide the
maximum security with the highest investment return, while meeting the daily cash flow demands of
the City and conforming to all state and local statutes governing the investment of public funds.
2.0 Scope:
This investment policy applies to all financial assets of the City of Saratoga. These funds are
accounted for in the City of Saratoga's Comprehensive Annual Financial Report and include:
2.1 Funds:
2.1.1 General Fund
2.1.2 Special Revenue Funds
2.1.3 Capital Project Funds
2.1.4 Debt Service Funds
2.1.5 Trust and Agency Funds
2.1.6 Any new fund, unless specifically exempted
2.2 Exceptions: The following financial assets are excluded:
2.2.1 Deferred Compensation Plans-Investments are directed by the individual plan
participants.
2.2.2 Debt Service Funds Held by Trustees-Investments is placed in accordance with bond
indenture provisions.
2.2.3 Notes and Loans-Investments are authorized by separate agreements approved by
City Council.
3.0 Prudence:
Investments shall be made with judgment and care--under circumstances then prevailing--which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investments, considering the probable safety of their capital as well as the
probable income to be derived.
3.1 The standard of prudence to be used by investment officials shall be the "prudent person"
standard and shall be applied in the context of managing an overall portfolio. Investment officers
acting in accordance with written procedures and this investment policy and exercising due
diligence shall be relieved of personal responsibility for an individual security's credit risk or
market price changes, provided deviations from expectations are reported in a timely fashion
and appropriate action is taken to control adverse developments.
Page 1 of 7
36
4.0 Objectives:
The primary objectives, in priority order, of the City of Saratoga's investment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of
the City of Saratoga shall be undertaken in a manner that seeks to ensure the preservation of
capital in the overall portfolio. The objectives will be to mitigate credit risk and market risk.
a. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be
mitigated by investing only in investment grade securities and by diversifying the
investment portfolio so that potential losses on individual securities will have a minimal
impact on the portfolio.
b. Market risk, defined as market value fluctuations due to overall changes in the general
level of interest rates, shall be mitigated by limiting the average maturity of the City’s
investment portfolio to two years and the maximum maturity of any one security to five
years, and by structuring the portfolio based on cash flow analysis so as to avoid the need
to sell securities prior to maturity.
4.2 Liquidity: The City of Saratoga's investment portfolio will remain sufficiently liquid to enable
the City of Saratoga to meet all operating requirements, which might be reasonably anticipated.
4.3 Return on Investments: The City of Saratoga's investment portfolio shall be designed with the
objective of attaining a rate of return throughout budgetary and economic cycles, commensurate
with the City of Saratoga's investment risk constraints and the cash flow characteristics of the
portfolio.
5.0 Delegation of Authority:
Authority to manage the City of Saratoga's investment program is derived from the following:
California Government Code Section 53600 et seq. and Saratoga Municipal Code Section 2-20.035.
Management responsibility for the investment program is hereby delegated to the City Manager who
shall be responsible for supervising all treasury activities of the Administrative Services Director and
who shall establish written procedures for the operation of the investment program consistent with
this investment policy. Procedures should include reference to: safekeeping, delivery vs. payment,
investment accounting, wire transfer agreements, banking service contracts and collateral/depository
agreements. Such procedures shall include explicit delegations of authority to persons responsible for
investment transactions. No person may engage in investment transactions except as provided under
the terms of this policy and the procedures established by the City Manager. The City Manager shall
be responsible for all transactions undertaken and shall establish a system of controls to regulate the
activities of subordinate officials.
6.0 Ethics and Conflicts of Interest:
Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or which could impair
their ability to make impartial investment decisions. These officers and employees involved in the
investment process shall disclose to the City Manager any material financial interests in financial
institutions that conduct business with the City. Employees and investment officials shall refrain
from undertaking personal investment transactions with individuals with who business is conducted
on behalf of the City of Saratoga.
7.0 Authorized Financial Dealers and Institutions:
Page 2 of 7
37
The City Manager will maintain a list of financial institutions authorized to provide investment
services to the City. In addition, a list will also be maintained of approved security broker/dealers
selected by credit worthiness and who are authorized to provide investment services in the State of
California. These may include "primary" dealers or regional dealers that qualify under Securities &
Exchange Commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made
except in a qualified public depository as established by state laws.
All financial institutions and broker/dealers who desire to become qualified bidders for investment
transactions must supply the City Manager with the following: personal interview, firm description
and audited financial statements, proof of National Association of Securities Dealers (NASD)
certification, proof of State of California registration, completed broker/dealer questionnaire and
certification of having read the City of Saratoga's investment policy and applicable depository
contracts.
An annual review of the financial condition and registrations of qualified bidders will be conducted
by the City Manager.
A current audited financial statement is required to be on file for each financial institution and
broker/dealer with which the City of Saratoga invests prior to any transaction.
8.0 Authorized and Suitable Investments:
The City of Saratoga is empowered by Government Code Section 53601, and further limited by this
investment policy, to invest in the following types of securities:
Type Guarantee Limits
Term to
Maturity
LAIF State Fund $40,000,000 On Demand
U.S. Treasury Bills U.S. Treasury No Limit 1 Year
U.S. Treasury Notes U.S. Treasury No Limit 5 Years
U.S. Govt. Agency Issues (e.g. FNMA,
GNMA)
Federal
Agencies
No Limit 5 Years
Certificates of Deposit (California Bank
or Savings & Loan Companies)
FDIC/FSLIC
and Collateral
20% portfolio per institution;
30% total portfolio
3 Years
Negotiable Certificates of Deposit Issuing
Institution
20% portfolio per institution;
30% total portfolio
5 Years
Investment Grade Obligations of
California, or Local Governments, or
Public Agencies
Public Entity 20% portfolio per institution;
30% total portfolio
5 Years
Money Market Mutual Funds Fund 10% portfolio per institution;
20% total portfolio
On Demand
Passbook Savings Account and Demand
Deposit
Issuing Bank Minimum necessary for
current cash flow
On Demand
Page 3 of 7
38
The City shall not engage in leveraged investing, such as margin accounts, or any form of borrowing
for the purpose of investing.
The City shall not invest in instruments whose principal and interest could be at risk contrary to
Section 4.1 of this policy. Examples of these instruments are options and future contracts.
The City shall not invest in "derivatives".
See Glossary for description of above securities.
9.0 Collateralization:
Collateralization will be required on certificates of deposit and other deposit-type securities. In order
to anticipate market changes and provide a level of security for all funds, the collateralization level
will be 110% of market value of principal and accrued interest, in accordance with California
Government Code Section 53651 and 53652.
The City of Saratoga chooses to limit collateral to those listed in Section 8.0.
Collateral will always be held by an independent third party with whom the entity has a current
custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied
to the City of Saratoga and retained.
The right of collateral substitution may be granted.
10.0 Safekeeping and Custody:
All security transactions entered into by the City of Saratoga shall be conducted on a delivery-versus-
payment (DVP) basis. Securities will be held by a third party custodian, in the City of Saratoga's
name and control, designated by the City Manager and evidenced by safekeeping receipts.
11.0 Diversification:
The City of Saratoga will diversify its investments by security type and institution. Limits are
provided for in Section 8.0. With the exception of U.S. Treasury securities and authorized pools, no
more than 30% of the City of Saratoga's total investment portfolio will be invested in a single security
type or 20% with a single financial institution.
12.0 Maximum Maturities:
To the extent possible, the City of Saratoga will attempt to match its investments with anticipated
cash flow requirements. Unless matched to a specific cash flow, the City of Saratoga will not directly
invest in securities maturing more than five (5) years from the date of purchase. However, the City of
Saratoga may collateralize its certificates of deposits using longer-dated investments not to exceed ten
(10) years to maturity.
Debt reserve funds may be invested in securities exceeding five (5) years if the maturities of such
investments coincide as nearly as practicable with the expected use of the funds.
The City of Saratoga will retain a general operating reserve adopted annually by the City Council.
The amount of active deposits and inactive investments with maturity of one year or less shall always
Page 4 of 7
39
be equal to or greater than the required general operating reserve. The report discussed in Section
15.0 shall demonstrate this policy is in effect.
13.0 Internal Control:
The City of Saratoga is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met. The
concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and
judgments by the City Manager and staff.
Accordingly, the City shall establish an annual process of independent review by an external auditor.
This review will provide internal control by assuring compliance with policies and procedures. The
internal controls shall address the following points:
• Control of collusion.
• Separation of transaction authority from accounting and recordkeeping.
• Custodial safekeeping.
• Avoidance of physical delivery of securities.
• Clear delegation of authority to subordinate staff members.
• Written confirmation of transactions for investments and wire transfers.
• Development of a wire transfer agreement with the lead bank and third-party custodian.
14.0 Performance Standards:
The investment portfolio shall be designed with the objective of obtaining a reasonable rate of return
throughout budgetary and economic cycles, commensurate with the investment risk constraints and
cash flow needs.
14.1 Market Yield (Benchmark):
The City’s investment strategy is passive. Given this strategy, the benchmark used by the City of
Saratoga to determine whether market yields are being achieved shall be the one year U.S. Treasury
Bill.
15.0 Reporting:
The City Manager is charged with the responsibility of including a market report on investment
activity and returns in the City of Saratoga's Cash and Investment Report. The report will be in
compliance with California Government Code Section 53646.
16.0 Investment Policy Adoption:
The City of Saratoga's investment policy shall be reviewed and adopted by the City Council annually.
Page 5 of 7
40
GLOSSARY
Broker
Someone who brings buyers and sellers together and is compensated for his/her service.
Comprehensive Annual Financial Report (CAFR)
The City’s annual financial statements and footnotes, along with an executive summary, financial outlook,
statistical information, and other financial information.
Certificates of Deposit
Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable.
Collateralization
Process by which a borrower pledges securities, property or other deposits for the purpose of securing the
repayment of a loan and/or security. Also refers to securities pledged by a bank to secure deposits of public
monies.
Custodian
A bank or other financial institution that keeps custody of stock certificates and other assets.
Dealer
Someone who acts as a principal in all transactions, including buying and selling from his/her own account.
Delivery vs. Payment
The preferred method of delivering securities, with an exchange of money for the securities.
Demand Deposits
A deposit of monies which are payable by the bank upon demand of the depositor.
Derivative
Securities that are based on, or derived from, some underlying asset, reference date, or index.
FDIC
Federal Depository Insurance Corporation
FSLIC
Federal Savings and Loans Insurance Corporation
Liquidity
An asset that can easily and rapidly be converted into cash without significant loss of value.
Local Agency Investment Fund (LAIF)
The LAIF was established by the State of California to enable treasurers to place funds in a pool for
investments. There is a limitation of $30 million per agency subject to a maximum of ten (10) total
transactions per month. The City uses this fund when market interest rates are declining as well as for short-
term investments and liquidity.
Money market mutual funds
Mutual funds that invest in short term securities and strive to maintain a share price of $1.
Page 6 of 7
41
Negotiable certificates of deposit
A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market).
Passive Investment Strategy
An approach to managing the investment portfolio, which entails a “buy and hold” strategy in which
investments are generally held until they mature.
Portfolio
Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The purpose of a
portfolio is to reduce risk through diversification.
Primary Dealer
A group of government securities dealers that submit daily reports of market activity and security positions
held to the Federal Reserve Bank of New York and are subject to its oversight.
Regional Dealer
A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is registered
with the Securities and Exchange Commission.
Safekeeping
Offers storage and protection of assets provided by an institution serving as an agent
U.S. Treasury Bills
Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S.
Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue
interest but are sold at a discount to pay face value at maturity.
U.S. Treasury Notes
These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original
maturities of one to ten years. Interest is paid semi-annually.
U.S. Government Agency Issues
Include securities, which fall into this category. Issues, which are unconditionally, backed by the full faith and
credit of the United States, e.g. Small Business Administration Loans.
Page 7 of 7
42
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM: ____
ORIGINATING DEPT: Finance & CITY MANAGER:
Administrative Services Dave Anderson
PREPARED BY: Mary Furey DEPT HEAD:
Mary Furey
SUBJECT: Adopt a resolution to authorize the investment of City funds in the Local Agency
Investment Fund (LAIF) and update the list of authorized positions to conduct
investment transactions with LAIF on behalf of the City.
RECOMMENDED ACTION
That the City Council adopts the attached resolution which authorizes the investment of City funds in
the Local Agency Investment Fund (LAIF), and updates the list of authorized positions to conduct
investment transactions with LAIF on behalf of the City.
REPORT SUMMARY
The LAIF agency has requested a new resolution be adopted by the City’s governing board. The 1977
resolution LAIF has on file for the City of Saratoga is no longer valid as it includes three positions (of
the four authorized positions) that are no longer current under the City’s organizational structure. The
City therefore, is unable to amend the form for personnel designated to conduct investment transactions.
BACKGROUND
The Local Agency Investment Fund (LAIF) is an investment program created by California statute;
which began in 1977 as an investment alternative for California's local governments and special
districts. This program offers local agencies the opportunity to participate in a major portfolio, which
invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office
investment staff at no additional cost to the taxpayer.
In 1977, the City passed a resolution authorizing the positions of City Manager, Assistant to the City
Manager, Account Clerk and Personnel Clerk to conduct investment transactions with the Local Agency
Investment Fund (LAIF). The City then submitted a form to the LAIF agency which identified the
personnel holding these positions as the authorized individuals. Over time, as personnel in the
authorized positions changed, an “Authorization for Transfer of Funds” form was submitted to LAIF to
add and delete the individuals named as authorized personnel. LAIF requires that two of the previously
authorized personnel sign the form, to make any changes.
As a result of a recent audit performed on LAIF’s records, auditors determined the LAIF agency did not
have current resolutions on file for their active participants and is requiring LAIF staff to review a city’s
authorization forms in relation to their resolutions.
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Therefore, with staff’s most recent attempt to amend the City’s form, LAIF determined that Saratoga is
no longer in compliance with the City’s 1977 resolution. Due to changes in personnel terminology over
the last thirty years, three of the four listed authorized positions are no longer staffed under the same
title. (Only the City Manager title remains.) LAIF is requiring the City provide a new resolution which
includes an update of authorized staff positions. City staff will then provide LAIF with an updated
Authorization of Transfer of Funds form to delete former staff, and add current staff members.
Staff is proposing the updated resolution to authorize the following four staffed positions under the
City’s current organizational structure:
1. City Manager
2. Assistant City Manager
3. Finance and Administrative Services Director
4. Accounting Supervisor
ALTERNATIVE ACTION
Do not adopt a resolution to update the list of individuals authorized to conduct investment transactions
with LAIF on behalf of the City. (This is not recommended, as it will suspend the ability of the City to
conduct investment transactions with LAIF).
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A: Resolution authorizing the investment of funds in the Local Agency Investment Fund (LAIF) and
establishing authorized positions to conduct investment transactions.
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Attachment A
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE INVESTMENTS OF MONIES
IN THE LOCAL AGENCY INVESTMENT FUND (LAIF)
WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California
Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a
local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local
Agency Investment Fund in accordance with the provisions of Section16429.1 of the Government Code for the
purpose of investment as stated therein as in the best interests of the City.
NOW THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the deposit and
withdrawal of the City of Saratoga monies in the Local Agency Investment Fund in the State Treasury in
accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as
stated therein, and verification by the State Treasurer’s Office of all banking information provided in that regard.
BE IT FURTHER RESOLVED, that the following the City of Saratoga officers or their successors in
office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:
City Manager
(TITLE)
Assistant City Manager
(TITLE)
Finance & Administrative
Services Director
(TITLE)
Accounting Supervisor
(TITLE)
Dave Anderson
(NAME)
Barbara Powell
(NAME)
Mary Furey
(NAME)
Currently vacant
(NAME)
.
(SIGNATURE)
______________________
(SIGNATURE)
(SIGNATURE)
(SIGNATURE)
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The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 20th day of June 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________
Aileen Kao, Mayor
ATTEST:
_____________________________
Cathleen Boyer, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 20th, 2007 AGENDA ITEM:_________________________
ORIGINATING DEPT: Public Works CITY
MANAGER:_________________________
PREPARED BY: Morgan Kessler DEPT HEAD: John Cherbone
SUBJECT: 2006 Annual Concrete Repair Project - Extension of Construction Contract to
Perform Sidewalk Work at Quito Road.
RECOMMENDED ACTION:
1. Authorize an increase to the change order authority for an existing construction contract with
George Bianchi Construction, Inc. in the amount of $19,000.00;
2. Approve Budget Resolution.
REPORT SUMMARY:
In October of last year, a contract was awarded to George Bianchi Construction, Inc. by the Saratoga
City Council for the 2006 Annual Concrete Repair Project. This contract is generally put out to bid
every year, and includes furnishing all materials, equipment, and labor to repair/replace damaged
curb, gutter, and sidewalk facilities at various locations throughout the City.
As part of the ongoing Quito Road Sidewalk Project, Public Works will be installing curb, gutter &
sidewalk along Quito Road between the Hwy. 85 overpass and the nearest VTA bus stop. This work
will further the goal of continuous walkway along the length of Quito Road, and provide an
important pedestrian connection for students walking to the VTA stop. Additionally, this work will
be fully reimbursed through VTA’s “guaranteed” TDA Article 3 funding program once the work is
complete.
To proceed with this project in the most cost-effective and timely fashion, it is recommended that
Council approve an increase to the change order authority with George Bianchi Construction, Inc.
for additional scope of work, in the amount of $19,000.
FISCAL IMPACTS:
Funding for this change order is covered in the adopted CIP, and will be reimbursed through the
state’s TDA Article 3 program.
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The 2006/07 Adopted Budget will need to be adjusted as follows:
Account Description Account# Amount
Annual Sidewalk Repair – Contracts 706-1706-622-5000 + $19,000
Annual Sidewalk Repair - Revenue 706-1706-433-1400 + $19,000
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The change order for additional work would not be approved.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The existing contract will be amended, and the additional work will be scheduled.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Budget Resolution
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RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA
FOR FISCAL YEAR 2006-2007 TO APPROPRIATE FUNDING
FOR SIDEWALK IMPROVEMENTS ON QUITO ROAD
WHEREAS, the City Council desires to construct sidewalks on Quito Road; and
WHEREAS, the City was awarded a TDA Article 3 grant in the amount $19,000 to fund
the work; and
WHEREAS, it is necessary to appropriate the funding into the Fiscal Year 2006-07
budget as follows:
Account Description Account# Amount
Annual Sidewalk Repair – Contracts 706-1706-622-5000 + $19,000
Annual Sidewalk Repair - Revenue 706-1706-433-1400 + $19,000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby approves the above adjustments to the Fiscal Year 2006-07 budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on 20th day of June 2007 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Aileen Kao, Mayor
City of Saratoga
Attest:
_______________________
Cathleen Boyer, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM: ______
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Rick Torres DEPT HEAD: John Cherbone
SUBJECT: Extension of Contract for Street Sweeping Services
______________________________________________________________________________
RECOMMENDED ACTION(S):
1. Move to extend Street Sweeping Contract to Universal Sweeping Services from July 1,
2007 to June 30, 2008 in the amount of $95,000.00
2. Move to increase the rate of compensation of curb miles by 3.2 % from $22.21 to $22.94
per curb mile.
REPORT SUMMARY:
During staff’s annual contract meeting with Universal Sweeping Services, both contractor and
staff agreed to extend the contract for one additional year as set forth in exhibit E of the original
contract as well as increase in the curb mile rate of 3.2% per curb mile. This increase was driven
by rising fuel prices and consistent with the April CPI, this would bring the rate up from $22.21
per curb mile to $22.94 per curb mile. The second lowest bid collected in the 2005 RFP process
was $23.25 per curb mile.
The City had expressed an interest in increasing the sweeping services from monthly to weekly
sweeping of 4 village parking Districts and Big Basin Way. Universal Sweeping Services has
agreed not to raise the current rate established in the original contract but will charge for each
time swept.
Universal’s current contract is for $85,000.00. The increase in the curb mile rate and the
additional parking lot sweeping will increase the amount of the contract by approximately
$10,000.00.
In addition, it is recommended that a $5,000 allowance be approved for additional street
sweeping services as needed during the year. These additional services include dense tree lined
streets that require more sweeping during the fall. The $5,000 allowance is incorporated in the
current budget and does not require amending.
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It is therefore recommended that City Council extend the current street sweeping contract to
Universal Sweeping Services and authorize the City Manager to execute the same.
FISCAL IMPACTS:
The FY 07/08 adopted budget has sufficient fund for this contract
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
A contract for street sweeping would not be executed and the City would not be in compliance with
the stipulations of our NPDES permit.
ALTERNATIVE ACTION(S):
The Council could direct staff to solicit additional proposals.
FOLLOW UP ACTION(S):
The contract will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Contract Amendment with new exhibit B1 payment schedule attached.
2. Current Contract for Universal Sweeping Services.
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SARATOGA CITY COUNCIL
MEETING DATE: June 20th, 2007 AGENDA ITEM:_________________________
ORIGINATING DEPT: Public Works CITY
MANAGER:_________________________
PREPARED BY: Morgan Kessler DEPT HEAD: John Cherbone
SUBJECT: 2006 Annual Concrete Repair Project - Extension of Construction Contract to
Build Retaining Wall at West Valley College.
RECOMMENDED ACTION:
1. Authorize an increase to the change order authority for an existing construction contract with
George Bianchi Construction, Inc. in the amount of $75,000.00;
REPORT SUMMARY:
In October of last year, a contract was awarded to George Bianchi Construction, Inc. by the Saratoga
City Council for the 2006 Annual Concrete Repair and Replacement Project. This contract is
generally put out to bid every year, and includes furnishing all materials, equipment, and labor to
repair/replace damaged curb, gutter, and sidewalk facilities at various locations throughout the City.
The contract also addresses general concrete-related projects within the City.
This change order will provide for the construction of a retaining wall at the lower soccer field at
West Valley College. This work is part of the Cooperative Agreement between the City and West
Valley College which, among other improvements, provides a playfield for the use of Saratoga
Sports User Groups. Currently, the soccer field is not wide enough for its intended use as a full-size
field, and must be widened across most of its length. The construction of a retaining wall at the
southern end of the field is necessary to gain the needed width for approximately 100 feet of field
length. The remaining widening will need to be accomplished by grading, and this work will be
addressed in a future Council Report.
George Bianchi Construction is very well experienced in the construction of retaining structures, and
has historically provided high quality work to the City. To proceed with this project in the most
cost-effective and timely fashion, it is recommended that Council approve an increase to the change
order authority with George Bianchi Construction, Inc. for additional scope of work, in the amount
of $75,000.
FISCAL IMPACTS:
Funding for this change order is covered in the adopted CIP, under the “Alternative Soccer
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Fields” project.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The change order for additional work would not be approved.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The existing contract will be amended, and the additional work will be scheduled.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2006 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER:
PREPARED BY: Christopher Alan Riordan, AICP DEPT HEAD: _
John F. Livingstone
SUBJECT: Independent Contractor Agreement for Metropolitan Planning Group – FY ‘07/08
RECOMMENDED ACTIONS:
Authorize the City Manager to execute the agreement with Metropolitan Planning Group for
planning and development services.
REPORT SUMMARY:
Since January 2005 the Community Development Department has maintained a contract planner
position. Metropolitan Planning Group has been providing contract planning services to the
Community Development Department Planning Division since February 1, 2007. This service
provides the Planning Division flexibility to maintain the existing level of services when staff
positions become vacant or to provide timely processing of development review applications when
there is an unexpected increase in the number of planning projects that are submitted to the city for
review. Contract planners typically work for several different cities at the same time giving them
exposure to a wide variety of planning processes which make them a great resource to the
department.
Continuing contract planning services would provide the Planning Division with greater flexibility
in completing other long range planning assignments identified in the Division’s work program
while continuing to provide outstanding customer service. Given the success
FISCAL IMPACTS:
The budget for this fiscal year already includes $55,000 for contract planning services; therefore no
transfer of funds is required. The contract for Metropolitan Planning Group is structured to ensure
full cost recovery; therefore there is no negative impact to the budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Without a contract planner, the City will have difficulty completing essential planning and
development functions in a timely manner.
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ALTERNATIVE ACTIONS:
Select another option to meet City’s needs.
FOLLOW UP ACTIONS:
Execute the contract agreement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
1. Contract
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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 Metropolitan Planning
Group, ("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 July 1,
2007, and extends through June 30, 2008 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.
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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
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
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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
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:
Geoff I. Bradley
Metropolitan Planning Group
400 W. Evelyn Avenue
Sunnyvale, CA 94086
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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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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EXHIBIT A
SCOPE OF WORK
Contractor shall complete the attached Scope of Work.
Work on planning projects as assigned by the Community Development
Director.
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EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION City shall pay Contractor an amount not to
exceed the total sum of fifty five thousand dollars
($55,000) 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. The contractor shall bill the City at an hourly rate of
125.00/Principal Planner, $100.00/Senior Planner, $90.00/Associate Planner,
80.00/Assistant Planner, 65.00/Planning Tech/Admin.
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 the 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 a substantial, first class and workmanlike manner and conform
to the standards of quality normally observed by a person practicing in
Contractor's profession.
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.
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.
b. Retention of Records. Until the expiration of five 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, attorneys fees, litigation costs, defense costs, court costs or any
other cost arising out of or in any way related to the performance of 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 agreement in the absence of the commitment
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of Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its employees,
agents and officials, from any liability, claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind whatsoever
without restriction or limitation, incurred in relation to, as a
consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part, to the
performance of this Agreement. All obligations under this
provision are to be paid by Contractor as they are incurred by the
City.
b. Limitation on Indemnity. Without affecting the rights of City
under any provision of this agreement or this section, Contractor
shall not be required to indemnify and hold harmless City as set
forth above for liability attributable to the sole fault of City,
provided such sole fault is determined by agreement between the
parties or the findings of a court of competent jurisdiction. This
exception will apply only in instances where the City is shown to
have been solely at fault and not in instances where Contractor is
solely or partially at fault or in instances where City's fault
accounts for only a percentage of the liability involved. In those
instances, the obligation of Contractor will be all-inclusive and
City will be indemnified for all liability incurred, even though a
percentage of the liability is attributable to conduct of the City.
c. Acknowledgement. Contractor acknowledges that its obligation
pursuant to this section extends to liability attributable to City, if
that liability is less than the sole fault of City. Contractor has no
obligation under this agreement for liability proven in a court of
competent jurisdiction or by written agreement between the
parties to be the sole fault of City.
d. 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.
e. 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
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responsible according to the terms of this section.
f. 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
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,
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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.
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.
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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.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
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___ $ ____________ 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.
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
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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
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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.
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.
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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.
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: June 20, 2007 AGENDA ITEM: _________________
ORIGINATING DEPT: Community CITY MANAGER: ________________
Development Dave Anderson
PREPARED BY: DEPTHEAD: _______________________
Chris Riordan and Jana Rinaldi John Livingstone
_______________________________________________________________________
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE CORRECTION TO
SECTION 15-29.010(b) OF THE SARATOGA CITY CODE RELATING TO HEIGHT
RESTRICTIONS FOR FENCES AND WALLS IN SETBACK AREAS
_____________________________________________________________________________
RECOMMENDED ACTION:
Grant the Second Reading and adopt the ordinance approving the correction to Section 15-29.010(b)
of the Saratoga City Code relating to height restrictions for fences and walls in setback areas.
DESCRIPTION:
On June 6, 2007, the City Council conducted a public hearing and introduced the proposed zoning
ordinance correction pertaining to height restrictions for fences and walls in setback areas. The City
Council voted to place this item on consent at tonight’s meeting for a Second Reading and adoption.
ALTERNATIVES:
None.
FISCAL IMPACTS:
No significant fiscal impacts.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Advertising and other public noticing are not required for the Second Reading and adoption of this
item. Staff has not received any written comments on this item as of June 12, 2007.
ATTACHMENT:
1. Ordinance Adopting the Zoning Text Amendment.
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ORDINANCE __________
AN ORDINANCE CORRECTION TO SECTION 15-29.010(b) OF THE
SARATOGA CITY CODE RELATING TO
HEIGHT RESTRICTIONS FOR FENCES AND WALLS IN SETBACK AREAS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold
double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance.
Section 15-29.010(b) of the Saratoga City Code is amended to read as follows:
(b) Front setback area and exterior side setback area of reversed corner lots. No fence or
wall located within any required front setback area shall exceed three feet in height. or
No fence or wall located within any required exterior side setback area of a reversed
corner lot shall exceed three feet in height., except Exceptions to these height limitations
are as follows:
(1) A fence or wall lawfully constructed prior to March 20, 1987, may extend to a height
not exceeding six feet, if such fence or wall does not create a safety hazard for vehicular,
pedestrian or bicycle traffic and does not obstruct the safe access to or from adjacent
properties; provided, however, that upon the destruction or removal of more than one-half
of the length of such nonconforming fence or wall, any replacement fence or wall shall not
exceed three feet in height.
(2) Wrought iron entrance gates, designed with openings to permit visibility through the
same, may extend to a height not exceeding five feet.
(3) Safety railings that are required by the Uniform Building Code shall be excluded from
the height requirements of this Section.
Section 2. California Environmental Quality Act
Pursuant to the California Environmental Quality Act, this action is exempt under CEQA
Guidelines Section 15308 (the amendment is exempt because it assures the maintenance,
restoration, enhancement, or protection of the environment) and CEQA Guidelines Section
15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA).
Section 3. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
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The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 6th day of June, 2007, and was adopted by the following vote
following a second reading on the 20th day of June, 2007:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
AILEEN KAO CATHLEEN BOYER
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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SARATOGA CITY COUNCIL
MEETING DATE: June 6, 2007 AGENDA ITEM: ____
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Agency Agreement for Countywide AB 939 Implementation Fee and for
Countywide Household Hazardous Waste Services
RECOMMENDED ACTION:
Authorize City Manager to execute agreement for Countywide AB 939 Implementation Fee and
the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste
(HHW) Collection Programs.
REPORT SUMMARY:
BACKGROUND
The California Integrated Waste Management Act of 1989 (AB939) and subsequent legislation
required cities and counties to prepare, adopt, and implement plans to reduce their jurisdiction's
waste disposed in landfills by 50% by 2000 and to plan and implement programs to properly
manage HHW. Jurisdictions are required to maintain their mandated diversion level in
subsequent years, to submit annual reports to document compliance with diversion mandates and
implementation of their recycling/waste diversion and HHW plans, and to periodically update
their adopted and state-approved plans.
The Integrated Waste Management (IWM) Division is responsible for meeting Santa Clara
County's countywide and unincorporated area mandated responsibilities under AB939, except
for HHW services, which are the responsibility of the Department of Environmental Health,
HHW Program.
IWM collects the AB939 Fee to fund activities to comply with state mandates and related
jurisdiction and/or County established goals. The AB939 Fee is collected on behalf of the
jurisdictions of Santa Clara County. AB939 Fee revenues fund HHW services, and a portion is
distributed to jurisdictions to fund jurisdiction-specific programs required for meeting mandated
waste diversion goals.
Because IWM collects the AB939 Fee on behalf of other jurisdictions, each jurisdiction contracts
with the County for collection and distribution of these funds. All fifteen cities must approve the
Agency Agreement for Countywide AB939 Implementation Fee by July 1, 2006. In the event
that one or more jurisdictions fails to approve the agreement, the AB939 Fee increase would not
be collected. City staff has indicated support for the proposed reauthorization for three years and
an increase in the AB939 Fee for a one-year period.
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In accordance with the California Environmental Quality Act (CEQA), adjustment of the
Countywide AB939 Implementation Fee is a categorical exemption under Section 15308 and is a
statutory exemption under Section 15273 of CEQA.
Implementation Fee:
The County has collected the AB939 Fee on behalf of all jurisdictions within the County since
July 1992 on behalf of the jurisdictions of Santa Clara County. Fee revenues are distributed to
jurisdictions quarterly for the purpose of funding jurisdiction-specific programs required for
meeting AB939 waste stream diversion goals.
The attached Agency Agreement for Countywide AB 939 Implementation Fee provides for
continued collection of the AB939 Fee for an adjusted level for FY 2007/2008. The amendment
also reduces the AB939 Fee by 0.17 per ton in FY 2007/2008, for a total of $3.55 per ton for a
period of one year (July 1, 2007 to June 30, 2008) and returns it to $3.35 in FY 2008/2009.Of
the $3.55 Fee, $2.05 per ton will fund countywide HHW services; the remaining $1.50 per ton
will be paid to jurisdictions to fund other AB939 compliance activities. The return of the AB939
Fee is $3.35 per ton will fund HHW activities at $1.85 per ton unless a second amendment is
executed.
Countywide Household Hazardous Waste Collection Program:
To comply with state law and local needs, the County of Santa Clara and fourteen cities
cooperated in creation of the HHW Program. This cooperative effort was intended to provide for
legal, convenient, and economical services to enable residents to safely dispose of such
unwanted hazardous household products as paints, solvents, pesticides, cleaning chemicals,
aerosols, automotive fluids, and batteries. Most cities have contracted with the County to provide
for HHW services through an Agency Agreement since 1992. The countywide HHW Program
serves all jurisdictions except the City of Palo Alto.
Initially, most funding for HHW services to city residents was approved by participating cities
through separate annual agreements approved each year. This funding structure resulted in
varying and unpredictable revenues. Beginning in FY 2001, cities agreed to provide base
funding from the Countywide AB939 Implementation Fee, and to augment this funding with
separate city monies if desired. This change stabilized the revenue base of the HHW Program
and has supported a substantial expansion in services provided to local residents. For the
unincorporated area, services were initially funded from a surcharge on unincorporated area
residential garbage/recycling service rates. Beginning in FY 2001, unincorporated area services
have been funded from the AB939 Fee, plus revenues from a reduced surcharge on residential
garbage rates.
The Agency Agreement for Countywide Household Hazardous Waste Collection Services
provides for continuation of HHW services to participating cities through June 30, 2009, or until
all revenue from the last quarter's fee payments has been distributed.
Local jurisdictions rely upon the Countywide AB939 Fee to fund a portion of the programs and
activities required to meet state-mandated waste stream reduction goals and to fund all or the
majority of the HHW services provided to their residents. Under State law, AB939 Fee revenue
is restricted to funding of AB939-related costs.
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As in the past, the HHW portion of the AB939 Fee does not fund an optimum level of HHW
services; instead, it reflects the consensus of city representatives regarding an acceptable fee
level. Cities desiring a higher level of service may choose to augment the funding provided by
the AB939 Fee. Most jurisdictions augment the HHW portion of the AB939 Fee to provide
additional services to residents.
The countywide average is roughly 4% of households, historically, 8% of Saratoga households
request service. Saratoga has historically generated less solid waste per capita than other
jurisdictions. City residents have a high level of environmental awareness which minimizes
solid waste tonnage going for disposal, which of course is what the AB 939 solid waste tipping
fee is based on. The tipping fee generates approximately $37,000 per year for the City's HHW
services. The funding available to serve residents does not support the minimum level of service
(3% of households in each jurisdiction) that was the basis for the tipping fee. To compound
matters, a higher than average number of household from Saratoga request services.
On March 2006 the City augmented the HHW Collection Program $20,000 for the remaining
months of FY 2005-2006. No funds were allocated for HHW augmentation for the FY 2006-
2007 budget because the West Valley Solid Waste Management Authority JPA signed a new
solid waste and recycling contract.
On March 1, 2007 West Valley Collection & Recycling (WVC&R) commenced services in the
cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos. As part of their
contract they offer a free E-Waste and Universal Waste drop off site for residents of the JPA.
This will help reduce the need to refer residents to use the County HHW program. There is still a
need for the County’s program because WVC&R does not accept the following chemicals:
• Toxics - poisons, pesticides, gardening chemicals, ammonia, and solvents.
• Oxidizers - pool chemicals, hydrogen peroxide, iodine, and perchlorates.
• Misc. - propane, helium, small oxygen tanks, smoke detectors.
FISCAL IMPACTS:
Staff is recommending that Council augment the HHW Collection Program $10,000 for
FY 2007/08. This augmentation will be funded with Solid Waste Reserve Program.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
All fifteen cities must approve the Amended Agency Agreement for Countywide AB939
Implementation Fee by June 30, 2007. In the event that one or more jurisdictions fail to approve
the agreement, the AB939 Fee increase would not be collected.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Send executed copies of the agreement to Wendy Fong, Management Analyst, 1555 Berger
Drive, Suite 300, San Jose Ca 95112-1716.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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Posting of the agenda according to the Brown Act.
ATTACHMENTS:
Attachment A – E-Waste & Universal Drop Off Brochures from the County HHW Program
and WVC&R
Attachment B – Memo from Rob D’Arcy, Hazardous Material Program Manager
Attachment C – First Amendment for AB 939 Agreements FY 2007/2008
Attachment D – First Amendment for HHW Agreement FY 2007/2008
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM: _____________
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DEPT HEAD: Dave Anderson
Assistant City Manager
__________________________________________________________________________________
SUBJECT: Adoption of Resolution Amending Resolution No. 04-007, Adding a Policy
Concerning City Sanction of Community Events to Council Policy on Norms of
Operations and Rules of Order and Procedure
RECOMMENDED ACTION:
Review report and direct staff accordingly.
REPORT SUMMARY:
Background
At its June 6, 2007 meeting, Council directed staff to prepare a policy concerning City sanction of
community events. Staff reviewed existing Council policies and found that the Council has an existing
“Policy Pertaining to Norms of Operations and Rules of Order and Procedure for City Council”. It
appears that rather than establishing a stand-alone policy, it would be appropriate to amend the existing
Council policy to include City sanction of community events.
Recommendation
Staff is recommending that Council adopt the attached Resolution amending Resolution No. 04-007
“Policy Resolution of the City Council of the City of Saratoga Establishing Policy Pertaining to Norms
of Operations and Rules of Order and Procedure for City Council” to include Section 5.G. City
Sanction of Community Events, as indicated on the policy attached for Council’s reference.
FISCAL IMPACTS:
N/A
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S):
N/A
ALTERNATIVE ACTION (S):
Council may choose not to amend Resolution No. 04-007 as recommended above, may instead direct
staff to prepare a stand-alone policy, or direct staff to take other action.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda according to the Brown Act.
ATTACHMENTS:
Attachment “A”: Resolution
Attachment “B”: Amended Policy
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RESOLUTION NO. 07-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
RESOLUTION NO 04-007 “POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA RESTABLISHING POLICY PERTAINING TO NORMS OF OPERATION AND
RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL”
WHEREAS, the City of Saratoga, as a minimum services City, customarily does not directly
stage community events, although the City annually provides both monetary and in-kind contributions
in support of community events, such as Celebrate Saratoga and the Mustard Walk; and
WHEREAS, periodically one or more City Council members and/or City residents may desire
to seek City sanction of a community event; and
WHEREAS, the City Council has determined that a standardized procedure should be
implemented in order to officially sanction an event; and
WHEREAS, the City Council, through Resolution No. 04-007 has established policies
pertaining to norms of operation and rules of order and procedure for the City Council; and
WHEREAS, the City Council desires to amend its procedures concerning norms of operation
and rules of order and procedure by including a policy concerning City sanction of community events.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the attached policy
and procedures providing for City sanction of a community event.
The above and foregoing resolution was approved and adopted by the City Council of the City of
Saratoga on the 20th day of June 2007 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Aileen Kao, Vice Mayor
ATTEST:
Cathleen Boyer, City Clerk
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AMENDED POLICY PERTAINING TO NORMS OF OPERATION
AND RULES OF ORDER AND PROCEDURE FOR
CITY COUNCIL
WHEREAS, it is critical to the successful operation of any public or private organization and
agency, that rules, standards, or norms be established to define the roles, responsibilities and expectations
of the governing board and staff in the operation of the organization; and
WHEREAS, the establishment of rules, standards or norms by a City Council will promote
under-standing and trust among members of the City Council and City Staff concerning their roles,
responsibilities, and expectations for the operation of the City; and
WHEREAS, periodic review will assist each new member of the City Council to better
understand their responsibility and role as a Councilmember; and
WHEREAS, on June 20, 2007, the Council adopted an amendment to this policy as Section 5.G.
City Sanction of Community Events.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, State of
California, that policy pertaining to Norms of Operation and Rules of Order and Procedure for City
Council is hereby established as follows:
CITY COUNCIL NORMS OF OPERATION
Section 1. OPERATION OF CITY COUNCIL MEETINGS
A. City Council Meetings shall be run following the outline listed in Section 6.B. of this document.
Each item shall be introduced by the Mayor, followed by a staff report and either a public hearing
or public comment period. After close of public comments, the City Council will deliberate the
matter following Roberts Rules of order. The Mayor may entertain a general discussion of the
item before a motion is offered.
B. The Mayor may place an item anywhere on the agenda. Two City Council members may place
an item on the agenda.
C. A single City Council Member may place on item on the agenda under City Council Member
Items. Items under this manner shall have a limited staff report, if appropriate. No significant
resources (more than three hours of staff time) shall be used by staff until the Council gives
direction on the item. The Mayor shall determine when three hours of effort has been utilized.
D. If an item appears again in a future Council meeting, it shall be heard under Old Business. Items
placed under public hearings shall only be those that are defined by law as requiring a special
notice and a public hearing or those called by City Council on its own volition.
E. In order to ensure that all members of the public have an opportunity to speak and that the
Council is able to complete its business, there will be a three-minute limitation on comments by
the public except for applicants and appellants at public hearings or as otherwise provided by law.
In order to effectively enforce this rule, the City Clerk will monitor the time for each speaker with
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an electronic timer. The timer will beep at the one-minute remaining point, and again at the three-
minute point. If there are more than twenty (20) identified speakers for one item at the beginning
of the public comment period or public hearing, the Mayor may adjust the three-minute time
down to two minutes per speaker.
F. Closed sessions of the City Council shall generally be conducted prior to the 7:00 p.m. business
portion of regular meetings. If necessary, Closed Sessions not completed prior to the 7:00 p.m.
business portion will be considered at the conclusion of the business portion of the meeting, or as
otherwise determined by the City Council. Special Council Meeting may be called by the Mayor
with proper public notice.
G. Members of Council should not engage in debate with a member of the public or Staff at Council
meetings since these debates seldom resolve concerns and many times inflame feelings at a
public meeting. Any concerns by a member of Council over the behavior or work of a City
employee during a Council meeting should be directed to the City Manager privately to ensure
the concern is resolved.
H. Prior to the close of the public hearing or comment period Councilmembers may ask questions
of anyone in the audience. The public hearing and comment period are the times for Council
to receive evidence. Once the hearing or comment period is closed, the Council deliberates
based on that evidence. While Council may elect to re-open a hearing or comment period
(assume no prejudice to the rights of an applicant or appellant) it should make every effort to
get all the information it needs while the hearing or comment period is still open. If the
Council asks questions after the final presentation of the applicant/appellant in a permit-related
hearing the Council would need to provide the applicant/appellant with an opportunity to rebut
the answers to the questions. While these rules need not apply as strictly to hearings where due
process is less of an issue (i.e., an ordinance amendment) a uniform set of rules for all public
hearings and comment periods is desirable.
I. The Mayor may, with Council concurrence, schedule Council review of agenda items out of their
prescribed order on the printed agenda if a large number of the public are present to speak on
agenda item.
Section 2. CITY COUNCIL RELATIONS WITH CITY STAFF
A. There shall be mutual respect from both Staff and Councilmembers of their respective roles and
responsibilities when and if expressing criticism in public session.
B. City Staff shall acknowledge the Council as policy makers and the City Council shall
acknowledge Staff as administering the Council's policies.
C. All written requests for information or questions by City Councilmembers to Staff shall be
directed to the City Manager, City Attorney, City Clerk, or Department Managers (wit h a copy
to the City Manager). All complaints should be submitted to the City Manager or, if a complaint
concerns the City Manager, to the City Attorney.
D. All written informational material requested by individual Councilmembers shall be submitted
by Staff to all Councilmembers with the notation indicating which Councilmember requested
the information.
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E. Council shall not attempt to coerce Staff in the making of appointments, the awarding of
contracts, the selection of consultants, the processing of development applications, the granting
of City licenses or permits. The Council shall not attempt to change or interfere with the
operating policies and practices of any City department.
F. Mail that is addressed to the Mayor and City Council shall be circulated by the City Clerk to the
City Council with a comment as to which Staff person will be assisting the Mayor in preparing a
response. The Mayor's response, in addition to the original communication, will be submitted to
the City Council for their information.
G. The City Clerk shall not open mail addressed to an individual Councilmember unless requested to
do so by the Councilmember.
H. Individual Councilmembers shall not direct Staff to initiate any action or prepare any report that
is significant in nature or initiate any project or study. All such direction shall be provided by the
City Manager or by action of a majority of the City Council at a City Council meeting.
Councilmembers may ask for limited resources and information for items that are on an agenda
as long as any information is distributed to all City Councilmembers
Section 3. CITY COUNCIL RELATIONSHIP WITH CITY COMMISSIONS AND OTHER BODIES
A. Members of the City Council should not attempt to influence or publicly criticize commission
recommendations, or to influence or lobby individual commission members on any item under
their consideration. It is important for commissions to be able to make objective
recommendations to the City Council on items before them. Members of Council that attempt to
strongly influence commission positions on an item may prejudice or hinder their role in
reviewing the commission's recommendation as a member of the City Council.
B. Individual Councilmembers shall have the right to attend meetings but shall refrain from
speaking or becoming involved in the meeting's discussions. If asked a question, the
Councilmember person should indicate that he/she can only provide a personal opinion and does
not speak for the Council as a whole.
C. If a member of the City Council appears before another governmental agency or organization
except as member of outside agency appointed by the City Council to give a statement on an
issue affecting the City, the Councilmember should first indicate the majority position and
opinion of the Council (if any). Personal opinions and comments may be expressed only if the
Councilmember clarifies that these statements do not represent the position of the City Council.
Section 4. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL
INFORMATION
A. City Councilmembers shall keep all written materials and verbal information provided to them
on matters that are confidential under State law in complete confidence to insure that the City's
position is not compromised. No disclosure or mention of information in these materials shall
be made to anyone other than Councilmembers, the City Attorney or City Manager.
B. All negotiations and other contacts concerning matters that have come before the City Council
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in closed session (including, but not limited to, property acquisition or disposal, a pending
claims or litigation, and/or employee negotiations) with the other party and/or party’s agents or
other representatives shall be limited to, and made by, the designated City staff representative
handling the negotiations, claim or litigation unless the City Council has directed that a specific
Council member to assist staff in negotiations. Except as authorized above, no Councilmember
who has participated in any closed session shall have any contact or discussion with the other
party or its agents or representatives concerning the matter under consideration except during
public meetings of the City Council. All public statements, information and press releases shall
be handled exclusively by the City’s designated spokesperson.
Section 5. BUSINESS OF THE CITY COUNCIL
A. Seating Arrangement of the City Council – The Mayor shall be seated on the left of the five
members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. The
Councilmember with the most seniority shall be seated to the right of the Vice Mayor and the
remaining Councilmember shall be seated to the right of the most senior Council member. The
outgoing Mayor shall be seated to the far right of the Vice Mayor. When there is no outgoing
Mayor the remaining Councilmembers shall be seated based upon length of service on the City
Council with the most senior member seated to the right of the Mayor. In the case of members
having been elected at the same time, seniority shall be determined by the number of votes
received at the election. The highest vote getter shall be considered senior and so on. The City
Clerk shall arrange nameplates at the Council dais at all Council meetings to assure this seating
arrangement is followed.
B. City Council Reorganization – On non-election years the City Council shall hold a special
meeting on the second Tuesday of December. The floor shall be open to nominations for the
purpose of electing a Mayor and Vice Mayor to serve for the following year. Such elections shall
be made by a majority vote of the Councilmembers present at the meeting. The Mayor and Vice
Mayor shall assume the duties of their respective offices immediately upon election. The Mayor
and Vice Mayor shall serve a one-year term at the pleasure of the Council. On election years the
City Council shall meet at a regular scheduled meeting next following the meeting at which the
declaration of the election results was made pursuant to Section 10262 or 10263 of the Elections
Code and choose one of its members as Mayor, and one of its members as Vice Mayor.
(Government Code Section 36801).
C. Mayor and Council Roles – The Mayor shall act as the primary spokesperson and official
representative of the City Council, unless such responsibility is delegated by the Mayor, or
otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all regular,
adjourned, and special meetings of the City Council, including joint meetings with commissions
and closed sessions. The Mayor shall execute all official City documents, warrants and
correspondence approved by City Council. The Mayor shall serve as the primary contact for the
City Manager to provide direction and advice regarding routine planning and operational issues
(i.e. meeting schedules, dispositions of correspondences, etc.) Nothing in this section is intended
to suggest that the position of Mayor wields formal power or authority in excess of the other
members of the City Council. Rather, the person serving as Mayor is to be recognized as the
leader of the Council, or first among equals. The Vice Mayor shall serve and perform the
functions as Mayor in the absence of the duly elected Mayor.
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D. Council Committee/Agency Assignments
Every December immediately following the City Council reorganization the Mayor shall
announce that new appointments for Committee/Agency Assignments are necessary. A list of
committee/agency assignments shall be given to each Councilmember and each Councilmember
shall provide the City Clerk with a list of the Committee/Agency Assignments in which the
Councilmember is interested. The Mayor shall propose appointments for Council approval at the
City Council meeting immediately following the reorganization.
E. Ex Parte Communications
An Ex Parte Communication occurs when a Council member receives information from a
member of the public outside of a public meeting concerning a matter to be heard by the City
Council. Ex Parte communications are an inherent part of the City of Saratoga’s commitment
to allowing City residents ample opportunity to consult with elected officials both inside and
outside of public meetings. At the same time, the City is committed to the principle that the
business of the public should be conducted in public, to ensure that citizens are afforded the
opportunity to participate in the making of decisions that affect their lives, and the means to
evaluate choices made by the City and its officers.
Where a City Councilmember has received information outside of a public meeting that the
Councilmember believes has a bearing on the decision and that is not reflected in the staff
report presented to the Council and the public, the Councilmember should provide that
information to the rest of the Council and the public following the staff report and prior to
beginning of public testimony on the matter. This will allow the public and other members of
the Council to consider the information in forming their views on the decision at hand. In
addition, persons affected by the decision will also have the opportunity to know the evidence
on which the decision is to be based and have an opportunity to comment on it and, if need be,
to rebut it. This approach allows all members of the public access to elected officials and to the
rationale for decisions made by those officials.
F. Issuing Proclamations and Commendations
A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or event.
Proclamations are prepared for signature by the Mayor. They may be presented at a City
Council meeting or at an event or meeting outside the City Council meeting.
A commendation is prepared at the discretion of the Mayor. A commendation may be issued
for accomplishments such as:
• Athletic/academic accomplishments
• Act of heroism
• Youth Accomplishments
• A Community Organization’s Citizen of the Year
• A Community Organization’s Business Person of the year
• Outgoing elected officials
• Outgoing City Commissioners
Commendations are prepared for signature by the Mayor. They may be presented at a City
Council meeting or at an event or meeting outside the City Council meeting.
G. City Sanction of Community Events
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Periodically, one or more Council members and/or one or more City residents seeks City
sanction of a community event. “Community event” includes a gathering, celebration, visit
from official delegation, memorial, arts/cultural production, holiday, installations, dedication,
athletic event and/or other occasion.
City sanction of a community event generally entails one or more of the following:
• A request for the use of City-owned property
• A request for the use of City staff time, funding, equipment, materials and/or supplies,
including the City logo, website and/or City publications
• Commemoration of historic occasions related to the City
• Meetings with official visiting delegations
• Direct involvement of a specified number of Council members in the planning and/or
implementation of the event
• Invitations distributed to City Council, City staff, committees, commissions, and/or
affiliated community organizations; and
The City Council has determined that City sanction of an event should be based upon whether
the event:
• Fosters a unique sense of place;
• Builds a sense of community pride;
• Enhances quality of life and well-being for community members;
• Contributes to local economic vitality;
• Promotes multi-cultural awareness;
• Promotes the arts; and/or
• Upholds stewardship of limited public resources.
In order for the City to consider sanction a community event, either:
• One or more Council members must agree to seek sanction of an event, and must
receive concurrence for the sanction from the Mayor, (or Vice Mayor if the Mayor is
sanctioning the event); or
• A City resident must submit a completed “City Sanction of Community Event”
application form (example attached) to City staff, who in turn will review the
application and provide a recommendation about City sanction of the event to the City
Council at the earliest available City Council meeting.
Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS
A. Time of Meetings
Regular meetings of the City Council shall be held on the first and third Wednesday of each month
in the Civic Theater commencing at 7:00 p.m. Special meetings shall be held as necessary and
convenient on the second or fourth Tuesday of the month commencing at 7:00 p.m. or at such other
time as may be necessary or convenient.
B. Order of Agenda
The following is the usual order of agenda items for regular Council meetings. The Mayor with the
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concurrence of Council can change the order in which items on the agenda are heard.
• Open Session – The Mayor opens the meeting in the Administration Conference Room at City
Hall, to allow the public an opportunity to comment on closed session items before the Council
adjourns to Closed Session, as required by law. Commission interviews are also done at this
time.
• Joint Meeting with City Commissions – Reserved time for Commission members to meet with
the City Council for their yearly update.
• Closed Session – Immediately following open session, the Council adjourns to closed session
in the Administration Conference Room at City Hall. Start times may vary depending on
volume of closed session items and the estimated time required to conduct the closed session.
The items are listed on the agenda as required by law; however this meeting is not open to the
public.
• Mayor’s Report on Closed Session – The Mayor is required to announce any action taken
during closed session before reconvening to the open session of the regular meeting.
• Call to Order – the Mayor calls the regular meeting to order.
• Pledge of Allegiance - The Mayor may lead or call upon a member of the public or staff to lead
the pledge.
• Roll Call – A quorum constituting 3 of the 5 members of the Council is required to conduct any
Council meeting. The City Clerk calls the roll.
• Report of Posting of the Agenda – The City Clerk reports on the posting of the agenda as
required by law.
• Oral Communications – During this portion, any persons who wish to address the City Council
on a subject not on the agenda may do so. Oral communications are not intended as the means
for debate or decision-making, but only for making a presentation in person. Comment shall be
limited to three minutes for members of the public who wish to speak
• Communications from City Commissions – Reserved time for Commission Chairs, or
designated representative, to report information to the City Council or request direction.
• Council Direction to Staff –Reserved time for the City Council to request follow up on
Oral/Commission Communications.
• Announcements - Reserved time for the Mayor to make special announcements.
• Ceremonial Items–These items include presentation of proclamations, commendations,
appointments, administration of Oath of Office and special introductions.
• Special Presentations – reserved time for groups, agencies, persons to speak to the Council on
special items.
• Consent Calendar–These items are routine and non-controversial items of business. Items in
this section will be acted in one motion, unless removed by the Mayor or a Councilmember.
Any member of the public may speak to an item on the Consent Calendar, or request the Mayor
remove an item for discussion. Resolutions concerning decisions made at previous meetings are
for the purpose of memorializing the decision to assure the accuracy of the findings, the prior
vote, and any conditions imposed.
• Public Hearings – There are two kinds of public hearings, those required by law and those
called by the City Council of its own volition. In either event, the purpose is to provide an
opportunity for all interested persons to be heard.
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
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• Old Business – These are general items, which have been considered by the Council at a
previous meeting.
• New Business – These are general items, which have not been previously considered by the
Council.
• Council Reports on Committees– Provides members of the Council an opportunity to report on
agency/commission assignments.
• City Councilmember Items – Provides members of the Council an opportunity to introduce
discussion/action on items not currently before the Council for consideration.
• City Manager Items – City Manager or City Attorney may bring up other items of interest or
make announcements under this section.
• Adjournment–The Mayor may adjourn the meeting to a date specific. If no date specific is
announced, the next meeting will be the next regularly scheduled Council meeting.
C. Disruptive Comments and/or Conduct
No person who addresses the Council shall make any belligerent, personal, impertinent,
irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or
commentary toward the Council, staff or other individuals in a manner which disrupts, disturbs or
otherwise impedes the orderly conduct of the Council meeting, nor shall any person engage in
any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the
meeting. Any violation of this rule shall be grounds for terminating the person’s comment period.
Continued inappropriate behavior or comments, after having been directed to discontinue, also
shall be grounds for removal from the meeting. Council shall not be belligerent or make
disparaging commentary toward the speaker. Nothing in this section shall prohibit or discourage
orderly criticism of any City decision or policy within the limits of these rules. If a member of the
public fails to follow these rules after being warned once, the Council may bar that individual
from further testimony for the evening or remove the person from the meeting.
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APPLICATION FOR CITY OF SARATOGA SANCTION OF A COMMUNITY EVENT
NAME: _____________________________________ DATE: __________________________
PHONE Home: (408) _________________ Cell: (_____) ______________________
E-MAIL: _________________________________________________________________________
EVENT DESCRIPTION: ____________________________________________________________
__________________________________________________________________________________
EVENT DATE: ___________________________________________________________________
PROPOSED LOCATION(S): __________________________________________________________
____________________________________________________________________________________
PURPOSE OF EVENT:
Fosters a unique sense of place
Builds a sense of community pride
Enhances quality of life and well-being for community members
Contributes to local economic vitality
Promotes multi-cultural awareness
Promotes the arts
Upholds stewardship of limited public resources
Commemoration of historic occasion related to the City
Meeting with official visiting delegations
REQUEST FOR CITY SUPPORT:
Request for the use of City-owned property
Request for use of:
City staff time (Estimated # of hours) _______________________________________
Funding (Estimated cost) $___________________
City equipment, materials and/or supplies (includes City logo, website and/or City
publications – circle appropriate items)
Direct involvement of Council members in the planning and/or implementation of the event
Distribution of invitations to City Council, City staff, committees, commissions, and/or
affiliated community organizations
Staff Use Only:
Reviewed by: ___________________________ Reviewed by: ____________________________
Staff Recommendation: Approve City Sanction Approve City Sanction with Conditions
Do Not Approve City Sanction
Comments: ________________________________________________________________________
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER:
PREPARED BY: Shweta Bhatt, Asst Planner DEPT HEAD:
John F. Livingstone
SUBJECT: Plaques for historic properties
RECOMMENDED ACTION:
As directed by Council.
REPORT SUMMARY:
On March 7, 2007, the City Council accepted a $2,000 donation from the Saratoga Lions Club for the
purchase of plaques to identify historic properties. The Council directed the Heritage Preservation
Commission (HPC) to contact owners of private property and confirm that once the plaque is awarded,
the owner would accept the plaque and display it. For properties owned by the City, the Council asked
that the plaques be brought back for final acceptance.
PROJECT DISCUSSION:
A total of seven (7) plaques have been ordered, including five (5) plaques for local landmarks and two
(2) plaques for properties listed in the National Register for Historic Properties (National Register).
Three (3) plaques will be awarded to privately owned properties to acknowledge their local landmark
status: 14288 Chester Avenue, 14474 Oak Place, 20399 Park Place. The HPC has contacted the
private property owners and has received confirmation indicating that the owners will accept the
plaque and display it (attached to this report). The remaining properties are owned by the City: the
Warner Hutton House, the Village Library and the Heritage Orchard.
The Warner Hutton House is a designated landmark, and in 2006, was listed in the National Register.
Both distinctions will be honored with plaques that are proposed to be mounted near the entrance of
the home facing Saratoga Avenue. The Village Library was added to the National Register in 2007,
and the HPC proposes a plaque to commemorate this honor be mounted adjacent to the front entrance
of the building. The location for the Heritage Orchard plaque has not been decided with certainty. A
possibility is to mount it on a sign that the Commission will ultimately seek Council approval for.
ALTERNATIVES:
Modify proposed location of mounted plaques.
FISCAL IMPACT:
There will be no fiscal impacts to the City.
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FOLLOW-UP ACTIONS:
The Heritage Preservation Commission will supervise the manufacturing and placement of the plaques.
ATTACHMENTS:
1. Confirmation letters from private property owners.
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SARATOGA CITY COUNCIL
MEETING DATE: June 6, 2007 AGENDA ITEM: ___________________
ORIGINATING DEPT: City Attorney CITY MANAGER: _________________
Dave Anderson
PREPARED BY: Richard Taylor DEPT.HEAD: Richard Taylor
SUBJECT: Response to Santa Clara County Civil Grand Jury Report on North Campus Sale
RECOMMENDED ACTION: Review Draft Response to Grand Jury Report and
provide direction to staff and Mayor.
REPORT SUMMARY:
At its meeting of June 6, 2007 the City Council received and reviewed the report of the Santa
Clara County Civil Grand Jury regarding its investigation of events surrounding the proposed
sale of the North Campus. The City Council directed staff to prepare a response. A copy of
the draft response is attached.
Pursuant to state law, the City must respond to the findings and recommendations in the
Grand Jury’s report. The City is not required to implement the recommendations but must
respond to each recommendation and indicate agreement or disagreement with each finding.
If there is disagreement, the City must explain its reasoning.
The attached report reflects staff’s understanding of the Council direction on June 6, 2007.
Council may wish to clarify that direction or suggest alternative wording to that proposed in
the draft.
FISCAL IMPACTS:
N/A
FOLLOW UP ACTION(S):
Prepare final response based on Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
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[City of Saratoga Letterhead]
DRAFT RESPONSE
June __, 2007
Santa Clara County Civil Grand Jury
Office of the Civil Grand Jury
Superior Court of California
County of Santa Clara
191 North First Street
San Jose, CA 95113
Re: 2006-2007 SANTA CLARA COUNTY CIVIL GRAND JURY REPORT
REGARDING PROPOSED SARATOGA LAND SALE
Honorable Members of the Civil Grand Jury:
The City Council for the City of Saratoga has reviewed your April 24, 2007 report
regarding the proposed Saratoga land sale involving the North campus (“Report”) and
authorized me to provide this response. The City Council appreciates the thorough and
deliberate work of the Civil Grand Jury and is pleased that your investigation confirmed
that there is no evidence of collusion between any members of the City Council or City
staff and the potential buyer of the property. As you know, the proposed sale was placed
before the voters and rejected in June 2006. The City has recently made much of the
facility available for increased public use and is pleased to be evaluating options for
additional public use in the future.
With respect to the specific findings and recommendations in the Report, the City’s
response is set forth below:
Finding 1. There is a lack of written policies and procedures defining how City Council
and staff conduct official business.
The City agrees. The City is in the process of adopting and/or updating a range of
operational procedures. State laws and City ordinances provide considerable procedural
direction regarding matters such as public meetings, contracting procedures, personnel
matters, document management, municipal finance, and land use planning. The City
Council recognizes, however, that customer service and public accountability can be
improved by building on state and local laws with additional policy and procedure
guidance.
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2
Finding 2. During the negotiation process in the sale of the North Campus property
involving City officials and a private party, there was no documentation of meetings,
discussions or decisions, either among City officials or between the City and the private
party.
The City agrees. The written record of negotiations consisted solely of contract
documents negotiated by the potential buyer and the City’s authorized negotiators.
Although the contract documents reflected the final outcome of the negotiations, no
written record was maintained of the interim meetings, discussions, and decisions leading
to the contract documents.
Recommendation1. Commission an independent management audit of its official policies
and procedures manuals for conducting government business and implement the audit
recommendations.
The City is in the process of updating and adopting a range of policies and procedures for
conducting government business. In light of considerable fiscal constraints the City is
performing this work using existing staff rather than retaining outside consultants. The
City has recently adopted new purchasing procedures, a personnel manual, and City
Council procedures. Each of these has been developed through a process of reviewing
applicable state and local laws, model policies from similar jurisdictions, and staff and
Council deliberations based on lessons learned from past practices in the City. As noted
in the Report, the City’s independent auditors have made various recommendations and
the City is in the process of implementing its responses to those recommendations.
Recommendation 2. Adopt and enforce a policy that all City staff maintain a written
record of meetings, decisions, and actions that implement policy.
The City Council has concluded that the findings of the Report demonstrate the value that
could be provided by written records of the type recommended in the Report.
Accordingly the City Council has directed staff to prepare a policy that will require a
written record of meetings, decisions, and actions related to contracts for goods, services,
and property in excess of $2 million. This will ensure more complete recordkeeping for
major programs such as the North Campus while not requiring undue staff time for
documentation of more routine items of business.
Thank you for your consideration of this response.
Sincerely,
Aileen Kao
Mayor
City of Saratoga
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3
Cc: Members of the Saratoga City Council
City Manager
City Attorney
142
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM: ____
ORIGINATING: Finance & CITY MANAGER:
DEPT: Administrative Services Dave Anderson
PREPARED BY: Mary Furey DEPT HEAD:
Mary Furey
SUBJECT: Adoption of Fiscal Year 2007/08 Operating Budget
RECOMMENDED ACTION
Adopt resolution approving the Proposed FY 2007/08 Operating Budget, directing staff to
incorporate within the final adopted budget any changes related to Council approved meet-and-
confer process or management compensation plan amendments, classification adjustments,
minor corrections, carryforward appropriations, changes due to more refined estimates, grant
approvals, and claim reimbursements, or additional direction from Council upon adoption of the
budget.
BACKGROUND
The City’s Proposed Operating Budget reflects appropriations within the General Fund, Special
Revenue Funds, Internal Service Funds, and several Trust and Debt Service Funds, to provide
for the City’s service operations, administration, and obligations. The Capital Improvement
Budget will be brought forward later this summer and will reflect the source and use of Capital
Project Funds for the various infrastructure and capital project activity the City undertakes.
The City’s Operating Budget document is structured into a departmental format which defines
the departmental oversight, key program services, and significant projects or initiatives for the
fiscal year. Summary level revenue and expenditure budget appropriations and assigned
personnel schedules are also included within each department program to identify the resources
used to provide these services and operations. The financial and staffing schedules include prior
year information for historical reference. The Financial Summaries section of the budget,
compiles the financial and staffing information into various schedules to provide users with a
summary level overview of funding sources and uses from different perspectives.
REPORT DISCUSSION
A public hearing was held on June 6, 2007 to review the City of Saratoga’s Proposed FY
2007/08 Operating Budget and obtain the community’s input. The Proposed Operating Budget
sustains service levels, operations, and obligations as are currently in place, along with several
added enhancements for FY 2007/08. Per Council’s earlier direction, new appropriations were
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143
included for: increased public safety patrol hours; the net cost of converting two temporary
positions into City staff positions; one additional staff position for Commission and Council
assistance and community outreach support; and for publication costs of a community newsletter
and several operational expenses to support commissions. These added enhancements are
funded with the increase in Property Tax revenues resulting from the passage of AB117. The
City’s ongoing cost increases for salary and operating expenditure are offset with minimal
increases in other tax and service revenues, as well as staff’s ongoing commitment to minimize
costs. The following Total Fund Summary schedule provides a fund-level overview of the
Proposed Operating Budget, with the inclusion of debt service and trust fund operations, and
funding transfers into several Capital Project Funds from the Operating Budget Funds.
Total Fund Summary
Source and Use of Funds
Estimated Revenues Expenditures Estimated
Fund Balance && Use of Fund Balance
Fund Category 7/1/2007 Transfers In Transfers Out Carryforward 6/30/2008
Operating Funds
General Fund 4,960,556$ 16,377,377$ 16,372,997$ 125,750$ 4,839,186$
Special Revenue Funds
CDBG Program Fund 1 170,298 138,090 308,388 - -
Housing & Rehabilitation Pgm 64,615 13,000 13,000 - 64,615
Development Regulations 2 1,037,303 - 158,617 - 878,686
Environmental Funds 3 680,641 - 680,641 - -
Gas Tax Fund 4 113,903 - 113,903 - -
Landscape & Lighting Districts 5 269,064 441,649 527,362 - 183,351
Internal Service Funds -
Equipment Replacement Funds 8,574 200,000 164,000 - 44,574
IT Equipment Replacement 6 287,624 52,103 132,350 - 207,377
Building Maintenance 19,790 739,311 724,311 - 34,790
Equipment Maintenance - 201,595 196,595 - 5,000
IT Services - 369,808 369,808 - -
Office Stores Fund - 85,000 65,000 - 20,000
Risk Management/Liability Ins - 291,036 291,036 - -
Workers Compensation - 247,000 246,875 - 125
Total Operating Funds 7,612,369 19,155,969 20,364,883 125,750 6,277,705
Debt Service
2001 Series GO Bonds 7 722,423 1,015,906 1,021,106 - 717,223
Total Debt Service 722,423 1,015,906 1,021,106 - 717,223
Trust & Agency Funds
Library Capital Maintenance 8 667,880 15,000 57,000 - 625,880
KSAR 63,185 2,500 - - 65,685
Total Trust & Agency Funds 731,065 17,500 57,000 - 691,565
Capital Funds (partial list - to be updated with CIP)
Environmental Project Fund - 680,641 - - 680,641
Gas Tax Project Fund - 113,903 113,903 - -
Facility Projects - 100,000 100,000 - -
Pavement Mgmt Projects - 300,000 300,000 - -
CDBG Projects - Signals - 74,526 74,526 - -
CDBG Projects - Prior Yr ADA - 170,298 170,298 - -
Total Capital Funds - 1,439,368 758,727 - 680,641
TOTAL ALL FUNDS 9,065,856$ 21,628,742$ 22,201,715$ 125,750$ 8,367,134$
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The City Council reviewed the Proposed FY 2007/08 Operating Budget as part of the Public
Hearing held on June 6, 2007. Council did not recommend changes to the proposed budget at
that time, but did request follow-up information to provide Council with some trend linkage
between the previous financial structure and the new structure.
The graph and schedule shown below displays 10 years of General Fund Revenues and
Expenditures, with the graph using the Expenditures Net of CIP Transfers amounts to more
accurately reflect the ongoing operating revenue and expenditure trends. The FY 2007/08
proposed budget appropriations are adjusted to the prior year’s financial structure for this
historical reference purpose only.
Fiscal Year
Revenues &
Transfers In
Expenditures &
Transfers Out
Transfer Out
to CIP
Expenditures
Net of CIP
% Change
from Prior Year
1996/97 1 $9,352,517 $8,480,370 -$ $8,480,370
1997/98 6,407,240 5,553,095 - 5,553,095 N/A - PY info not valid to determine change
1998/99 6,857,879 5,778,277 - 5,778,277 4.06%
1999/00 8,751,181 6,794,480 - 6,794,480 17.59%
2000/01 10,638,677 7,719,417 - 7,719,417 13.61%
2001/02 2 11,314,033 16,489,070 7,606,869 8,882,201 15.06%
2002/03 11,627,322 13,391,287 4,449,410 8,941,877 0.67%
2003/04 9,999,693 10,585,635 2,434,621 8,151,014 (8.84)%
2004/05 10,457,578 9,507,599 898,733 8,608,866 5.62%
2005/06 11,864,857 9,975,193 392,000 9,583,193 11.32%
2006/07 Est 12,630,833 13,300,000 2,302,136 10,997,864 14.76%
12,918,356 12,002,471 400,000 11,602,471 5.50%
Please note:
(2) Transfers from the General Fund to CIP Projects began in FY 2001/02
(3) FY 2007/08 numbers reflect a restrusturing of Budget numbers to align with Prior Year Funding structure.
2007/08 R/Bud 3
(1) Detailed information for the General Fund is not available for FY 1996/97; the above amounts include Community Development revenues and
expenditures which cannot be isolated from these totals because the detail records were contained in the old finan
Actuals are from audited records and include budget adjustements, fund transfers, and auditor adjustments. In years where there is a negative cash
flow, the City has transferred funds to the CIP from fund balance.
General Fund 10 Year History
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
1 9 9 6 /9 7 1
1 9 9 7 /9 8
1 9 9 8 /9 9
1 9 9 9 /0 0
2 0 0 0 /0 1
2 0 0 1 /0 2 2
2 0 0 2 /0 3
2 0 0 3 /0 4
2 0 0 4 /0 5
2 0 0 5 /0 6
2 0 0 6 /0 7 E s t
2 0 0 7 /0 8 R /B u d 3
Revenues & Transfers In Expenditures & Transfers Out
General Fund Revenues & Expenditures (Net of CIP Transfers)
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000 1996/9 7 1997/98 1998/99 1 9 9 9 /00 2000/0 1 2001/02 2002/03 2 0 0 3 /04 2004/0 5 2005/06 200 6 /0 7 Est 2007 /08 R/Bud
Revenues & Transfers In Expeditures Net of CIP
3
145
As the above schedule shows, the adjusted appropriations for FY 2007/08 reflect an operating
budget increase of 5.50%. In essence, this expenditure increase (as adjusted) reflects the
additional $400,000 programmed for budgetary enhancements, and another $200,000 in labor
and contract adjustments for ongoing operational expenses, meaning budgetary appropriations
are consistent with the prior year.
General Fund
The General Fund budget represents the majority of the City’s service operations. The following
two charts provide a graphical overview of the FY 2007/08 proposed budgetary appropriations
for General Fund revenues and expenditures by department. As explained in the public hearing,
FY 2007/08 budgetary appropriations reflect a restructuring of funds and programs within the
City’s operations to conform to accounting and budgeting standards. Prior year’s figures were
adjusted within the General Fund, but are not fully consistent with current budgeted figures as
some budget appropriations crossed funds in the restructuring.
General Fund Revenues & Transfers In
By Department
Public Safety
2.7%
Public Works
3.5%
Recreation
6.5%
Community
Development
13.4%
Administrative
Services
0.2%
Non-
Departmental
72.3%
Transfers In
1.5%
2004/05 2005/06 2006/07 2006/07 2007/08 % of
Departments Actuals Actuals Adjusted Estimated Proposed Total
Council & Commissions 250$ -$ -$ 16,100$ 1,400$ 0.0%
City Manager's Department - - - 500 5,000 0.0%
Administrative Services - 29,797 - 31,112 28,500 0.2%
Community Development 1,888,791 2,359,567 1,690,850 1,810,230 2,192,240 13.4%
Public Works 181,893 143,944 276,100 296,748 573,166 3.5%
Recreation 751,810 900,050 1,007,000 999,222 1,058,450 6.5%
Public Safety 446,507 510,273 366,000 492,803 434,055 2.7%
Non-Departmental 8,818,596 10,527,769 11,003,177 11,043,637 11,844,635 72.3%
Total General Fund Revenues 12,087,847$ 14,471,400$ 14,343,127$ 14,690,352$ 16,137,446$ 98.5%
Fund Transfers In:1,069,374 658,882 448,700 448,700 239,931 1.5%
Total Operating Revenues 13,157,221$ 15,130,282$ 14,791,827$ 15,139,052$ 16,377,377$ 100.0%
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General Fund Expenditures & Transfers Out
By Department
Recreation
9.3%
Public Safety
24.2%
Public Works
26.8%
Community
Development
15.2%
Administrative
Services
5.5%
Cit y Manager's
Department
7.9%
Non-
Departmental
7.2%
Operating
Transfers Out
2.4%
Council &
Commissions
1.3%
2004/05 2005/06 2006/07 2006/07 2007/08 % of
Departments Actuals Actuals Adjusted Estimated Proposed Total
Council & Commissions 258,017$ 220,506$ 327,025$ 306,330$ 212,084$ 1.3%
City Manager's Department 838,972 752,867 918,596 931,227 1,291,937 7.9%
Administrative Services 758,776 767,773 1,039,200 1,000,688 905,203 5.5%
Community Development 1,302,628 1,653,702 1,783,896 1,829,490 2,494,673 15.2%
Public Works 3,157,007 2,164,970 3,885,695 3,810,324 4,394,688 26.8%
Recreation 1,526,680 1,599,795 1,954,021 1,840,214 1,526,196 9.3%
Public Safety 3,654,675 3,439,441 3,788,008 3,771,785 3,964,467 24.2%
Non-Departmental 731,754 823,341 1,159,765 1,009,609 1,183,748 7.2%
12,228,509$ 11,422,395$ 14,856,206$ 14,499,667$ 15,972,997$ 97.6%
Operating Transfers Out 898,733 1,210,395 2,487,081 2,442,136 400,000 2.4%
Total Exp & Transfers Out 13,127,242$ 12,632,790$ 17,343,287$ 16,941,803$ 16,372,997$ 100.0%
Total General Fund Exp
A significant change, as reflected in the proposed FY 2007/08 General Fund budget, is the
realignment of staffing and the elimination of capital project activity within the General Fund.
This change primarily impacts the Public Works Department budget appropriations from prior
years. Also as explained in the public hearing, another impact reflected in the current year’s
budget appropriations is the implementation of internal service funds to allocate operational
support services and insurance costs at a program level expense to more fully capture the cost of
providing services. The result of this change is a departmental level increase in General Fund
expenditures, which is directly offset with an increase in Internal Service Fund revenues on a
city wide basis.
Changes as a result of direction from Council and/or identified by staff as a clean-up item will be
included in the final budget, per Council’s adoption of the FY 2007/08 Operating Budget
resolution at the June 20, 2007 Council Meeting.
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147
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not adopt an operating budget for FY 2007/08.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
Prepare FY 2007/08 Adopted Operating Summary and Detail Budget documents
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A: Resolution to Adopt the Fiscal Year 2007/08 Operating Budget
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148
Attachment A
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING THE FISCAL YEAR 2007/08 OPERATING BUDGET
WHEREAS, the City Council held a public hearing on the proposed operating budget for
Fiscal Year 2007/08 on June 6, 2007;
WHEREAS, Section 2-20.050(i) of the Code of the City of Saratoga requires the City
Manager to prepare and submit the proposed annual budget to the City Council for its approval;
WHEREAS, the City Manager did submit a proposed budget for FY 2007/08 to the City
Council; and
WHEREAS, the City Council has considered and reviewed the proposed budget during a
public hearing; and
WHEREAS, the City Council gave staff direction to adopt the Fiscal Year 2007/08
operating budget as proposed;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby adopts the Fiscal Year 2007/08 Operating Budget as shown in the Total Fund
Summary – Source and Use of Funds schedule on page 2 of the budget adoption report;
AND BE IT FURTHER RESOLVED, that the final adopted budget includes approved
carry-forward appropriations for unspent operating grants and pass-throughs from FY 2006/07,
and that there be carried forward from prior years within each fund an amount sufficient to cover
approved outstanding encumbrances as of June 30, 2007;
AND BE IT FURTHER RESOLVED, that the City Council hereby directs staff that
any changes or impacts resulting from: Council approval of the meet and confer process or
management compensation plan; from classification adjustments or miscellaneous corrections;
7
149
from changes due to more refined estimates, grant approvals, or claim reimbursements; or from
further City Council consensus direction received on June 20, 2007 be incorporated within the
final FY 2007/08 Operating Budget;
AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services
Director is directed to record these changes into the City’s Accounting records in accordance
with appropriate accounting practices.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 20th day of June, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Aileen Kao, Mayor
City of Saratoga
ATTEST:
Cathleen Boyer,
City Clerk of the City of Saratoga
8
150
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER:
Dave Anderson
PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD:
John F. Livingstone
SUBJECT: Community Development Department’s Advance Planning Activities
RECOMMENDED ACTIONS:
Direct staff accordingly.
REPORT SUMMARY:
At the May 2, 2007 City Council meeting the Council directed staff to bring back a report on the
prioritization of ordinances including the proposed ordinance prohibiting blighted property and
the Guidelines and Standards for Land Use Near Streams. On May 16, 2007 staff brought back
the report, but due to the late hour the item was continued to this meeting.
BACKGROUND:
At a Study Session on March 2, 2007 the City Council directed staff to start work on updating
the sign ordinance, the fence ordinance, and the Housing Element of the General Plan. Prior to
this the Planning Commission met at a Study Session to provide the City Council with their
recommendation. Since the March 2nd meeting, the additional policy issues noted above have
been brought to the Council’s attention. This report describes staff’s current plans for
implementing Council direction from the March 2nd meeting and presents information regarding
the costs and time required to process the additional matters and includes discussion from the
May 16th meeting which includes the proposed Newsrack Ordinance, Story Poles and Noticing.
CURRENT WORK PROGRAM:
Staff has included work on the Housing Element, sign ordinance and fence ordinance in the
proposed 2007-08 budget and expects to proceed with these items as follows:
Housing Element
The first phase of the project will be to consult with the City Council regarding the overall
approach to the Housing Element (e.g., retain major policies and update only to the extent
necessary to comply with state law or engage in a comprehensive policy review and update) and
direction on the recommended form of community involvement such as an Ad Hoc Committee
with appointed citizens or the Planning Commission. Based on this direction staff would start
151
Advance Planning Work Program
June 20, 2007
Page 2
the RFQ process to look for a qualified consultant, obtain Council approval of the consultant
contract and proceed with the update in the manner directed by the Council. The expected time
line to update the Housing Element would be approximately one to two years depending on the
policy issues, extent of community involvement, and nature of comments from the State
Department of Housing and Community Development.
Sign Ordinance
Staff plans to bring a report to initiate the sign ordinance update to Council in August and
receive direction from Council on the recommended form of community involvement. Staff
expects the sign ordinance will take approximately one year to complete.
Fence Ordinance
Staff plans to bring a report to initiate the fence ordinance update to Council in September and
receive direction from Council on the recommended form of community involvement. The fence
ordinance would take approximately 6 months to complete.
SUPPLEMENTAL WORK PROGRAM:
The current draft of the proposed budget currently does not contemplate work on General Plan
amendments or zoning ordinance updates beyond those included in the Current Work Program
described above. The work program for the additional ordinances would be as follows:
Blighted Property Ordinance – This ordinance would take approximately 6 months to
complete and would involve a level of effort comparable to that expected for the fence
ordinance.
Guidelines and Standards for Land Use near Streams – This ordinance would take
approximately one year to complete but could take more depending on the level of detail to be
included in the ordinance and the nature of environmental review that is performed.
News Rack Ordinance – This ordinance would take approximately 6 months to complete and
would involve a level of effort comparable to blight ordinance.
Story Pole Ordinance - This ordinance would take approximately 6 months to complete.
Noticing Ordinance - This ordinance would take approximately 6 months to complete.
OPTIONS:
The City Council has several options with respect to supplementing the work program:
1. Make no changes to the current work program. The additional issues could be addressed
later this year if the current work program is completed earlier and with less time and cost
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Advance Planning Work Program
June 20, 2007
Page 3
than expected. If the issues are not addressed this year, they can be included as priorities
in next year’s work program. This would not involve any change to the proposed budget.
2. Replace one or more of the ordinances in the current work program with one or more of
the ordinances in the supplemental work program. The blight, story pole, news rack and
noticing ordinances are expected to involve a level of effort comparable to the fence
ordinance and could replace that ordinance in the current work program. Similarly, an
ordinance to implement the Guidelines and Standards for Land Use Near Streams is
expected to be roughly comparable to the sign ordinance and could replace that ordinance
in the current work program. This would not involve any change to the proposed budget.
3. Add one or more ordinances to the current work program. This would require the
reallocation of funds in the proposed budget to accommodate the additional work. The
blight, story pole, noticing and news rack ordinances would require approximately
$5,000-$15,000 of City Attorney time depending on the extent to which the public
process leads to an ordinance that differs substantially from ordinances used in other
jurisdictions and approximately $10,000 for a contract planner to work on the project for
a total of approximately $25,000. An ordinance to implement the Guidelines and
Standards for Land Use Near Streams would likely require $20,000 or more for CEQA
review and a comparable amount for City Attorney review and for a contract planner for
a total estimate of approximately $60,000. Both ordinances would require additional
staff and administration time to assist both the contract planner and the City Attorneys
office. The additional staff time would need to be absorbed by the existing staff.
The blight and the newsrack ordinances are not located in Chapter 15 of the Municipal Code that
falls under the jurisdiction of the Planning Commission; therefore the two ordinances are not
required to come before them. In order to expedite the ordinances and reduce costs the City
Council has the authority to review them directly.
FISCAL IMPACTS:
Discussed above.
ALTERNATIVE ACTIONS:
Conduct a study session to review the ordinance priorities.
FOLLOW UP ACTIONS:
Staff will continue to work on the tasks recommended by the Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
ATTACHMENTS:
None
153
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Request to the City of Saratoga to Support the request from the Saratoga
Clergy Association to Annual Sponsor Neighborhood Block Parties
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
Lat year the City of Saratoga celebrated its 50th Anniversary. A group of citizens formed the 50th
Anniversary Committee and each member or group took responsibility of an event.
One such event was the Neighborhood Block Party weekend. The Saratoga Ministerial
Association (now called the Saratoga Clergy Association) volunteered to chair this event and it
was a huge success.
The City Council received the attached letter (Attachment 1) from Pastor Arvin Engelson from
the Saratoga Federated Church. Pastor Engelson stated that the Saratoga Clergy Association is
willing to sponsor annual block party events sometime between Memorial Day to Labor Day.
The Saratoga Clergy Association is not requesting any monetary contribution form the City only
that the City support their efforts and allow them to promote the event.
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 the Council Agenda.
154
ATTACHMENTS:
Attachment A – Letter from Arvin Engelson, Saratoga Federated Church
155
To: Aileen Kao, Mayor
Anne Waltonsmith, Vice Mayor
Members of the Council
Cc: David Anderson, City Manager
During our Celebrate Saratoga experience the neighborhood parties were a
significant success. Appreciation was widely expressed. This project actually
changed some behaviors, improved relationships and promoted community.
I asked my colleagues in the Saratoga Clergy Association if they would be willing
to sustain the effort annually. They readily agreed. I was asked to continue as the
point person on the project. I now ask for your formal partnership as a co-
sponsor of this undertaking.
We are not asking for funding. We are asking for the freedom to promote this
concept as a joint-project of the City and the City’s faith communities. I am
proposing a broad summer season: Memorial Day to Labor Day. Again, Saratoga
Federated Church will coordinate efforts and contribute support materials for
party hosts. We will, of course, encourage all appropriate permit processes and
safety guidelines for parties in public places.
As was the case last time, I will seek the participation of those Buddhist, Muslim
and Hindu faith communities outside Saratoga but most used by City residents.
During Celebrate Saratoga we had parties hosted by households from all five
faith traditions and dozens of households with no particular faith tradition.
We are hopeful that you will find this a worthy annual emphasis. Public
encouragement is all that is needed for some neighbors to acquire the initiative to
become hospitable. We will hold off on promotion until I hear from you.
Sincerely,
Arvin Engelson
Pastor of Care Ministries
Saratoga Federated Church
(408) 867-1000
156
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY:Macedonio Nunez, Assistant Engineer DEPT HEAD:John Cherbone, Public Works
Director
SUBJECT: Appeal of Encroachment Permit Application No. 07-079, which was approved by
the City Engineer, allowing connection of a private driveway to Wardell Road at 20865
Wardell Road.
RECOMMENDED ACTION:
Affirm issuance of the encroachment permit subject to any additional conditions recommended by
the City’s Traffic Engineer.
REPORT SUMMARY:
Pursuant to a condition in grading permit issued by the Community Development Department on
October 24, 2006, the applicants applied for an encroachment permit to allow their driveway ( to
connect to Wardell Road at the point where one of the lots, 20865 Wardell Road, fronts on the
western end of the road). The Public Works Department issues encroachment permits where it
determines that the encroachment on City property will be constructed in accordance with sound
engineering principles, will not create safety hazards, and will not result in costs to the City. The
City issued the permit subject to various conditions on May 17, 2007. (See Attachment A.) This
appeal was filed on May 31, 2007. (See Attachment B.)
The appeal was filed pursuant to Saratoga Municipal Code Section 2-05.030. Subsection (f) of that
section provides that Council review of the appeal need not take place in a formal public hearing
unless a public hearing was required for the approval being appealed. In this case, no hearing is
required for issuance of an encroachment permit. Accordingly, this matter is not presented as a
public hearing item. The Council is obligated, however, to hear public testimony on the matter in a
manner similar to all other Council agenda items.
The appellant is requesting that the City Council overturn the encroachment permit, on the following
grounds:
1. Safety. As illustrated on the Encroachment Permit Plan (See Attachment A), the appellant’s
157
2
reate a “hazardous situation,” and that the
stop sign is insufficient to remedy that danger.
stributed to the City Council and made available to the
public on Monday, June 18, 2007.
2.
sed to evaluate
encroachment permit applications, and is thus within the City’s capacity.
lding Department has reviewed the Plan and determined that the certification
is appropriate.
3.
l reports and confirmed that the
encroachment design does not present slide hazards.
4.
driveway enters Wardell Road from the south, connecting at the same point as the driveway
that is the subject of the encroachment permit application. The applicants are required to
install a stop sign at the intersection as a condition of approval for the encroachment permit.
Based in part on a report from Pang Engineers (Attachment 2 to the Appeal Application), the
appeal claims that the proposed driveway would c
Staff has submitted the Pang Engineers report to the City’s Traffic Engineer for review. The
Traffic Engineer’s report will be di
Runoff. The appeal claims that the driveway will cause excessive runoff. The Public Works
Department determined that runoff from the driveway would not present a risk to public
safety or City infrastructure. Any runoff that might affect the public right of way would
drain from the easterly end of the proposed driveway, where the driveway would encroach
upon Wardell Road. This section of the driveway would drain into two catch basins near the
point of encroachment. These catch basins will be connected to the City storm drain system.
The City system has the capacity to carry 5.59 cubic feet per second (“cfs”) of runoff. The
applicants’ engineer determined that with the proposed driveway, the storm drain in question
would receive 5.12 cfs of runoff during the 10-year storm event standard u
The westerly section of the driveway drains to a series of swales on the residential parcels
and on an adjoining open space parcel. The driveway is being developed in accordance with
a Stormwater Control Plan dated October 23, 2006, which maximizes the infiltration of
stormwater, thus minimizing the amount of runoff that reaches public streets or other
residential parcels. The applicants’ engineer, in the Stormwater Control Plan, certified that
the Plan meets the requirements of the Regional Water Quality Control board for stormwater
runoff. The Bui
Slide Hazards. The appeal claims that the driveway will cause slide hazards. The City’s
Geotechnical Consultant identified no such hazards and recommended that the Community
Development Department approve the grading permit for the driveway. The encroachment
permit under consideration relates only to the area where the proposed driveway would meet
Wardell Road. Appellant’s appeal letter does not specify particular potential slide areas, but
to the extent that the appellant’s concerns about slide hazards relate to parts of the proposed
driveway other than that area, these concerns are not relevant to the encroachment permit.
Public Works staff has reviewed the geotechnica
Trash Pickup. Currently, some residents of Wardell Road place their trash bins at the end of
the road for pickup. The appellant asks that the City Council overturn the encroachment
permit on the ground that this trash pickup area is overcrowded. This issue is not directly
158
3
ins on Wardell Road should in the
future become a hazard to public health or safety, the City has the option of seeking to abate
5.
w set of
boards placed across the right of way, perpendicular to the road’s edges. There is no
, however, controls the shape and dimensions of lots, and thus has its
effect during subdivision. It does not govern the connection of a driveway for existing lots
le shape of lots (a
factor to be considered in approving new lots), while this appeal concerns the encroachment
of the proposed driveway on a public road at the point of connection.
6.
related to the connection of the proposed driveway to Wardell Road, and therefore is not
germane to consideration of the encroachment permit. Moreover, other stretches of curb, to
the east of the end of the road, are available for trash bins. The question of the proper
placement of bins for pickup is a matter to be resolved between residents and West Valley
Collection and Recycling, the trash hauler. If trash b
the nuisance through code enforcement proceedings.
City Code. The appeal claims that Wardell Road should be considered a cul-de-sac and on
that basis argues that the driveway may not connect to a cul-de-sac. Staff has determined
that Wardell Road is not a cul-de-sac. Under the Saratoga Municipal Code, a cul-de-sac is a
“street having but one outlet for vehicular traffic, the terminus of said street having a vehicle
turnaround enclosed by parcels of land.” (Saratoga Municipal Code Section 14-10.290(j).)
As the attached photographs (Attachment G) show, the road ends abruptly in a lo
turnaround space for vehicles as required by the definition provided in the Code.
The appeal also refers to Saratoga Municipal Code Section 15-12.070(a), which states that
in the HR district, when 75% or more of a lot’s frontage is on the turnaround space of a cul-
de-sac must, that frontage must be at least 60 feet. The appellant claims that the applicants’
lot fronts on the turnaround space of a cul-de-sac but has less than the minimum frontage.
Section 15-13.070
to a public road.
The appeal also claims that if Wardell Road is considered to be a dead end rather than a cul-
de-sac, then the encroachment permit is barred by other sections of the Municipal Code.
Section 14-30.080 requires that “[w]hen dead-end streets are approved, standard street
barricades shall be constructed at the ends thereof.” Appellant asserts that “there should be a
‘standard’ barricade” at the end of Wardell Road, and that the proposed driveway is therefore
not allowed. The decision being appealed, however, is the granting of the encroachment
permit, not the approval of Wardell Road. Because Wardell Road is not being approved,
section 14-30.080 is not triggered. Appellant also cites Municipal Code Section 15-
13.070(b)(2), which requires that the “frontage and width of an access corridor to a flag lot
shall not be less than twenty feet.” This section governs the permissib
Pending Litigation: The appeal finally requests that the City Council defer issuing the
permit until the resolution of pending litigation over the grading of the proposed driveway.
This is not a factor that is relevant to the issuance of an encroachment permit. Where the
City has received a complete application for an encroachment permit and determined that the
encroachment is designed in accordance with sound engineering principles and presents no
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4
safety or cost issues it lacks authority to deny the permit. In the course of the pending
ourt take action to halt construction if that
action is justified under the applicable legal standards.
that the City Council
phold the permit. This recommendation is preliminary, pending staff review of the
he City Traffic Engineer. The attached resolution provides for the possibility
at additional conditions may be proposed in the Traffic Engineers report.
AL R
al thereby denying the applicants’ encroachment permit.
appeal thereby upholding the encroachment permit.
DVERTISING, NOTICING AND PUBLIC CONTACT:
rty owners within 500 feet, posted notice, and advertised the notice in the
Sar
AT
B.
rmwater Control Plan, dated October 23, 2006. (Full report is
ent.)
E. Correspondence between City Geotechnical Consultant and applicant’s engineer.
F. Encroachment Permit Plan.
G. Photographs of west end of Wardell Road.
litigation the appellant may request that the c
Relevant background documents have been attached.
In light of staff’s review of the issues raised by the appeal, staff recommends
u
recommendations of t
th
TE NATIVES:
1. Approve the appe
2. Deny the
FISCAL IMPACTS:
Not applicable.
A
Mailed notice to prope
atoga News.
TACHMENTS:
A. Encroachment Permit issued May 17, 2007.
Appeal Application
C. Drainage calculations prepared by TS-Civil Engineering
D. Excerpt from applicants’ Sto
available at Saratoga Public Works Departm
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5
RESOLUTION NO. _____
CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE CITY
ENCROACHMENT PERMIT 07-017
Lim et al.; 20865 Wardell Road
g four residential lots to
onnect to the western end of Wardell Road at 20865 Wardell Road; and
istiano, filed an appeal of the City
Engineer’s grant of encroachment permit number 07-079; and
ich time all interested parties were given a full opportunity to be heard and to present evidence;
nd
considered the appeal and all
stimony and other evidence submitted in connection therewith;
ow, therefore, be it resolved that the City Council of the City of Saratoga hereby:
sons set forth in the staff report and Traffic Engineers
Report attached as Exhibits A and B; and
mber 07-079 (Exhibit C)
ubject to the conditions set forth therein and the following conditions:
INSERT ANY CONDITIONS RECOMMENDED BY TRAFFIC ENGINEER
licable requirements of the State, County, City and other Governmental entities
ust be met.
ouncil of Saratoga. State of California, the 20th day of
ne 2007 by the following roll call vote:
YES:
A RESOLUTION OF THE CITY COUNCIL OF THE
ENGINEER’S GRANT OF
WHEREAS, on May 17, 2007, the Public Works Department of the City of Saratoga granted
encroachment permit number 07-079, allowing a common driveway servin
c
WHEREAS, on May 31, 2007, the appellant, Matt Chr
WHEREAS, on June 20, 2007 the City Council held a public hearing to consider the appeal
at wh
a
WHEREAS, the City Council of the City of Saratoga has
te
N
I. Affirms the City’s determination that the encroachment permit meets the appropriate
standards and rejects the appeal for the rea
II. After careful consideration of the various engineering reports, plans, and other exhibits
submitted in connection with this matter, grants encroachment permit nu
s
III. All app
m
PASSED AND ADOPTED by the City C
Ju
A
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6
________ _______
NOES:
ABSENT:
ABSTAIN:
Aileen Kao, Mayor
TTEST:
________
A
_____________________
athleen Boyer, CMC
ity Clerk
wner or
terms and conditions
nd agrees to fully conform to and comply with said terms and conditions within the
commended time frames approved by the City Planning Commission.
__________________________________ _________________________
Property Owner or Authorized Agent Date
C
C
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant, and Property O
Authorized Agent. The undersigned hereby acknowledges the approved
a
re
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2007 AGENDA ITEM: _____________
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DEPT HEAD: Dave Anderson
Assistant City Manager
__________________________________________________________________________________
SUBJECT: Options for Addressing Climate Change
RECOMMENDED ACTION:
Review report and direct staff accordingly.
REPORT SUMMARY:
Background
Climate Change is increasingly highlighted in the media, and is fast becoming a high priority issue for
residents, private industry and local government. There are a broad range of initiatives under
discussion as well as currently being planned and implemented. As a small sample:
Vice Mayor Waltonsmith, together with the Vice Mayors of Los Gatos and Monte Sereno,
have been meeting as the “West Valley GREEN LEAF Committee”, with a mission “to
enlist citizens of our communities as possible in participating in greenhouse gas emission
reductions, green business, building, and living practices, and environmental sustainability
through education, promotion, and demonstration. This will have many positive effects
including helping our cities achieve or beat the State/Governor’s greenhouse gas emission-
cutting goals”. The draft Vision, Mission and Initial Action Items of the Green Leaf
Committee are provided as Attachment “A”.
The Santa Clara County Cities Association’s Joint Policy Collaborative Committee has also
been meeting and is recommending a number of steps to pursue in support of mitigating the
effects of climate change. These recommendations are highlighted in the June 7, 2007
Meeting Summaries provided as Attachment “B”.
Staff will be attending a “Green Building Policy Workshop” on June 27th, hosted by the
Silicon Valley Leadership Group. Working with the City’s Planning Commission, staff will
also be creating a webpage highlighting priority Green Building options residents can
undertake during remodel and new construction. The webpage will provide links to resources
such as the San Mateo Countywide “Sustainable Buildings Guide”.
Joint Venture Silicon Valley Network has established a “Climate Protection Task Force”
with a charter statement “to develop effective, collaborative, solutions for the reduction of
greenhouse gas emissions from public agency operations by providing a neutral forum for
229
city and county government agencies and special districts to learn from each other and from
others about climate protection programs. Staff will be attending the next task force
meeting scheduled for July 12th. More information on the task force can be found at
http://www.jointventure.org/programs-initiatives/climateprotection/climateprotection.html.
Among neighboring municipalities, the City of Palo Alto has established a “Green Ribbon
Task Force on Climate Protection”, whose mission is “to recommend an achievable and
measurable set of policies and actions to meet or beat the Governor’s greenhouse gas
emission-cutting goals (2000 levels by 2010, 1990 levels by 2020, and 80 percent below
1990 levels by 2050)”. More information on the Task Force is available at
http://www.city.palo-alto.ca.us/greenribbon/documents/GRTF.pdf
City staff has focused efforts to date on energy efficiency, including updating all Civic
Center buildings to energy efficient lighting and LED exit signs. Cool roof systems have
also been installed where practical. The City uses some alternative fuel (natural gas)
vehicles in its fleet.
Discussion
Vice Mayor Waltonsmith has requested this item be placed on the Council agenda so that Council
members may discuss:
The draft Vision, Mission and Initial Action Items proposed by the West Valley GREEN
LEAF Committee (Attachment “A”);
Recommendations formulated by the Santa Clara County Cities Association’s Joint Policy
Collaborative Committee (Attachment “B”); and
Other options the City may undertake in order to support residents’ initiatives to mitigate
the efforts of climate change.
FISCAL IMPACTS:
Depending upon Council direction, there may be some fiscal impacts associated with pursuit of
specific options for addressing the effects of climate change.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S):
N/A
ALTERNATIVE ACTION (S):
Council may choose to discuss one or more of the proposed items listed above under “Discussion”.
FOLLOW UP ACTION(S):
Implement Council direction.
230
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda according to the Brown Act.
ATTACHMENTS:
Attachment “A”: Draft Mission, Vision and Initial Action Items for West Valley GREEN LEAF
Committee
Attachment “B”: Joint Policy Collaborative Committee July 7, 2007 Meeting Summaries
231
Attachment “A”
DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT
Suggestion from the three Vice-mayors, Garner, Spector, Waltonsmith
West Valley GREEN LEAF Committee Vision: The GREEN LEAF (League of Environmental Action Families)
Committee is a league of volunteers supported by the Town of Los Gatos, the City of Saratoga, and the City
of Monte Sereno to encourage individuals, families, and businesses to work on important environmental
issues at the grass roots level, including problems of climate change and greenhouse gas emissions, global
warming, green business, building, and living practices, to effectively promote and educate the wider
community regarding those practices, and to recommend actions that might be taken by community
stakeholder groups, including the Cities, to reduce global warming and encourage sustainable environmental
practices.
West Valley GREEN LEAF Committee Mission: To enlist as many citizens of our communities as possible
in participating in greenhouse gas emission reductions, green business, building, and living practices, and
environmental sustainability through education, promotion, and demonstration. This will have many positive
effects including helping our cities achieve or beat the State/Governor’s greenhouse gas emission-cutting
goals.
West Valley GREEN LEAF Committee Initial (suggested) Action Items:
1. Enlist membership/participation through Kickoff Events
2. Develop initial action items, milestones, and responsibilities
3. Host monthly meetings
4. Host Environmental Sustainability Speaker Series
5. Enlist our youth, local non-profit groups, churches and Schools
6. Publish quarterly Green Leaflets
7. Promote personal action at a local level
8. Have fun as we do good
9. Other
DRAFT DRAFT DRAFT DRAFT
232
Attachment “B”
JUNE 7, 2007 MEETING SUMMARIES
JOINT POLICY COLLABORATIVE COMMITTEE:
• Received information regarding Greenhouse Gases and AB32
(Presentations are posted at www.sccca.gov (see “Presentation
Downloads”)
• ; Inventory Processes; Reduction Strategies and Goals; and
Overviews of local Organizations involved in Climate Protection
– including Sustainable Silicon Valley
(http://www.sustainablesiliconvalley.org), Joint Venture
Silicon Valley Network (http://www.jointventure.org/programs-
initiatives/climateprotection/climateprotection.html), Silicon
Valley Leadership Group
(http://www.svmg.org/campaigns/cleanandgreen), Institute for
Local Government (http://www.cacities.org/index.jsp?zone=ilsg),
ABAG’s Energy Watch Program
(http://www.abag.ca.gov/abagenergywatch), and PG&E’s Climate
Smart Program
(http://www.pge.com/about_us/environment/features/climatesmart_
how_it_works.html).
• Distributed a matrix of city responses to how they have begun
to address climate protection, shared best practices/lessons
learned, and how to establish a Green Ribbon Task Force.
• Received information from Brenna Bolger, PRx Communications,
regarding Green Challenge (http://www.prxinc.com/whatsnew.php)
• Next Steps: The JPC recommended the following Next Steps to
the Board of Directors at it June 7 Meeting, which followed the
JPC Meeting.
• The JPC will recommend the following next steps to the SCCCA
Board of Directors:
o Recommend that the cities attend a Greenhouse Gas (GHG)
Inventory and Planning workshop to be hosted by the BAAQMD
and ICLEI and supported by SSV, JVSV, SVLG, PG&E and
others in early September. The workshop will help cities
develop a draft baseline inventory of their GHG emissions.
Recommend that cities consider participating in some of
the related climate protection efforts and meetings
currently underway, including programs such as ABAG’s
Energy Watch, which is a joint project of PG&E and PG&E’s
Climate Smart Program to help reduce emissions. Recommend
that cities use the League of California Cities Institute
233
for Local Government resources for emissions and energy
reduction.
o Recommend that cities work together to draft a model
“Green Building” Ordinance for Santa Clara County (Like
the uniform County Building Code) and partner with
organizations such as SVLG is these efforts. Consider
forming a joint working group to initiate a draft with
interested stakeholders such as SV Climate Protection Task
Force, SVLG, SSV, JVSV, and League of California Cities.
o Support taking action now. Cooperate regionally in
gathering emissions data. Support cities joining SSV and
using their web-based tool for reporting energy use by
city-owned facilities, fleets, employee commutes.
o Support city staff joining the Silicon Valley Climate
Protection Task Force which is among other things, looking
at a Purchasing Pool for cities.
o Support Mayors signing the US Mayors’ Climate Protection
Agreement.
BOARD OF DIRECTORS:
• Received a presentation from Phaedra Ellis-Lamkins, Working
Partnerships, on a New Health Care Program for Small Businesses
that has been developed by Working Partnerships USA.
Presentation is posted at www.sccca.gov (see “Presentation
Downloads”)
• Received a presentation from Chris Block, Charities Housing, on
the Task Force that has been created to End Homelessness and
Solve the Affordable Housing Crisis. Mayor Pat Mahan represents
the Cities Association on the Task Force.
• Received report on JPC recommendations on Climate Protection
and by consensus, agreed with the recommendations as presented
above in the JPC Meeting Summary.
• Received information that a broad coalition of homeowners,
small business representatives, labor, environmental, community
and ethnic organizations have introduced an Eminent Domain
Reform Package in Sacramento. ACA 8 and a Companion Statutory
Measure are designed to protect Homeowners and Small Businesses
from Eminent Domain. The League of California Cities is
supporting this constitutional amendment.
• The next meeting will be on Thursday, September 20 and will be
a General Membership Meeting with City Managers and City
Planning Staff invited. 1st Act Silicon Valley will present how
its program will bring economic vitality to all of our cities.
Please mark your calendars for this event.
234
SARATOGA CITY COUNCIL
MEETING DATE June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: Recreation CITY MANAGER:
Dave Anderson
PREPARED BY: Michael Taylor DEPT HEAD:
Michael Taylor, Interim Recreation Director
SUBJECT: Update of the Blaney Plaza Banner Policy and Consideration of a Use Policy
and Fee Schedule for Reserved Use of Blaney Plaza
RECOMMENDED ACTION(S):
Staff recommends that Council adopt a resolution to update the existing Blaney Plaza Banner
Policy and consider establishing a use policy and fee schedule for reserved use of Blaney Plaza
and direct staff accordingly.
REPORT SUMMARY:
Blaney Plaza
Blaney Plaza is a 9,000 square foot (approximate total) triangular median at the intersection of
Saratoga Avenue, Saratoga-Los Gatos Road and Highway 9 (Big Basin Way) entering
Downtown Saratoga. The site of a Memorial Arch, “holiday tree,” and flagpole, the Plaza is used
for many City ceremonies. The Memorial Arch splits the Plaza into two areas; the upper section
being about 1,500 square feet, the lower approximately 2,500 square feet. The rest of the area is
landscaped, dominated by 3 large trees, an oak and two stone pines. The Plaza was renovated in
2006, following the installation of the Memorial Arch, which was moved from the Fire Station
across the street about three years prior. All landscaping and irrigation was replaced, and the
hardscape areas were either replaced or repaired. The upper section has 3 benches, 3 chess tables
(2 chairs each) and a bike rack, and the lower section has 1 bench, 4 chess tables and a drinking
fountain. All of these amenities were newly installed during the 2006 renovation project.
The Plaza is an open public space used for casual recreation, small group gatherings, as a general
meeting place, and for the previously mentioned City functions. When City functions occur, the
side street (outside Starbucks) is closed off to vehicles, allowing for easier access and overflow
of people into the street. This street closure makes it possible to hold larger City functions at the
Plaza.
239
Blaney Plaza is currently not available for reserved exclusive use by the public. It has been
suggested that the Plaza be designated as an area that could be made available for reservation
with a rental fee established for exclusive use.
A concern of designating the Plaza as available for group rental is the limited space at the site
and vehicular traffic distractions, making it a difficult place to hold a permitted function by
outside groups without street closures. Depending upon the intended use of the space by a rental
group, additional use permits may be required.
The City has established policies and procedures for the rental of other public facilities. Rooms
at the Community Center, large and small picnic areas, volleyball courts, etc. at the City parks
are available to rent. Perhaps the most comparable facility presently available is the Wildwood
Park stage. A use policy and fee of $45 per day for residents ($55 per day for non-residents) is
currently in place for the stage.
Banner Policy Update
The City of Saratoga adopted a resolution establishing rules and regulations for hanging banners
in Blaney Plaza in June 1983. The policy was refined in May of 1985. The policy was updated in
June 1990 and revised in July 2005. Changes to the rules and regulations must be approved by
the City Council. The City currently offers the site for hanging public announcement, non-profit
event banners for a fee of $300 per week. The Recreation Department manages the banner
program by scheduling the plaza, collecting the fee, and hanging banners approximately 32
weeks per year.
Current policy (Attachment A) requires organizations to deliver and pick up their banners at the
City’s Maintenance Corporation Yard Monday-Friday from 8:00am to 3:30pm. With the “off
Fridays” and the 3:30pm closure, this has not been convenient for community groups.
Staff recommends revising the existing policy to allow banners to be handled by the Recreation
Department at the Community Center. The Community Center is open more hours, is not closed
on Fridays, and is therefore more accessible to the public. A proposed policy is attached to this
report as Attachment B.
FISCAL IMPACTS:
Minimal revenues may potentially be realized through a fee charged for reservation for exclusive
use of Blaney Plaza. There is no fiscal impact of the proposed change in the banner policy.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
If Council does not approve a use policy and fee schedule, the use of Blaney Plaza will continue
as a public place without the option of reserved exclusive use.
If Council does not approve an update of the Banner Policy, internal inefficiencies will continue.
2 of 3
240
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
If approved, staff will return to Council with a resolution and policy for accepting reservations
and collect fees for the exclusive use of Blaney Plaza.
If the banner policy amendments are approved, staff will revise practices and procedures for
hanging banners at Blaney Plaza.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Agenda was posted in compliance with the Brown Act.
ATTACHMENTS:
A – Current Blaney Plaza Banner Policy
B – Proposed Banner Policy
3 of 3
241
ATTACHMENT A
City of Saratoga
Blaney Plaza Banner Policy
1. Non-Profit Organizations advertising Saratoga-based community events or
organizations advertising Saratoga-based non-profit events may hang banners in
Blaney Plaza. Groups may be asked to show proof of non-profit status.
2. In June of each year, community groups will be asked to submit their requests for
preferred dates from July 1st to June 30th to hang a banner at Blaney Plaza. The
City will consider all requests and finalize the schedule for the coming fiscal year.
Dates open after the calendar is established can be filled throughout the year.
3. Requests will be given the following priority: 1) City of Saratoga sponsored
activities, 2) groups who’ve previously hung banners, and 3) new groups.
4. Groups may be allowed the use of Blaney Plaza no more than two (2) times in a
twelve-month period.
5. A banner may be hung seven (7) days per usage, from Monday through
Monday. If there are no other requests, the seven-day time period may be
extended to a maximum of fourteen (14) days.
6. All banners will be handled by the City’s Maintenance Department. Banners
must be submitted to the City’s Maintenance Corporation Yard (19700 Allendale
Ave., (408) 868-1245, Monday-Friday from 8:00 a.m. – 3:30 p.m.) at least one
week in advance of the allotted time.
7. Groups will be charged fee of $300 per week. Please make checks payable to the
City of Saratoga. Checks are due when the schedule request is confirmed.
8. Banners must be claimed within five (5) working days from the date of its
removal. Please claim banners at the City’s Maintenance Corporation Yard.
Banners not claimed may be disposed of at the discretion of the Maintenance
Department.
235
ATTACHMENT A
9. To ensure that your banners be highly effective and properly placed at Blaney
Plaza, the following standards must be met:
a) Banners must be four (4) feet by at least twenty-five (25) feet long. If
properly prepared, banners up to forty-five (45) feet in length may be
allowed.
b) Banners must be made from a heavy-duty canvas or awning type of
material.
c) One-half (1/2) inch inside diameter metal grommets are to be placed at all
four corners of the banner. Rope should be sewn at the top and bottom of
the banner with a loop at the end on all four corners.
d) One-half (1/2) inch inside diameter metal grommets must be placed at
least every thirty-two (32) inches along the tope edge of the banner.
e) Half moon air holes must be cut into the banner every five (5) feet of
length in order to avoid tearing or ripping. Depending on the type and
weight of banner fabric, it is recommended the half moon cuts be sewn to
avoid tearing and/or ripping.
10. The City of Saratoga assumes no responsibility or liability for banners, theft,
damage or injury that may result from the placement of banners at Blaney Plaza.
11. The City of Saratoga will be exempt from the fee requirement and the limitation
of time per year.
Adopted by Saratoga City Council: June 20, 1990
Revised: July 1, 2005
236
ATTACHMENT B
City of Saratoga
Blaney Plaza Banner Policy
1. Non-Profit Organizations advertising Saratoga-based community events or
organizations advertising Saratoga-based non-profit events may hang banners in
Blaney Plaza. Groups may be asked to show proof of non-profit status.
2. In June of each year, community groups will be asked to submit their requests for
preferred dates from July 1st to June 30th to hang a banner at Blaney Plaza. The
City will consider all requests and finalize the schedule for the coming fiscal year.
Dates open after the calendar is established can be filled throughout the year.
3. Requests will be given the following priority: 1) City of Saratoga sponsored
activities, 2) groups who’ve previously hung banners, and 3) new groups.
4. Groups may be allowed the use of Blaney Plaza no more than two (2) times in a
twelve-month period.
5. A banner may be hung seven (7) days per usage, from Monday through
Monday. If there are no other requests, the seven-day time period may be
extended to a maximum of fourteen (14) days.
6. All banners will be handled by the City’s Recreation Department. Banners must
be submitted to the Community Center (19655 Allendale Avenue, (408) 868-
1249, Monday-Friday from 8:30 a.m. – 4:30 p.m.) at least one week in advance
of the allotted time.
7. Groups will be charged fee of $300 per week. Please make checks payable to the
City of Saratoga. Checks are due when the schedule request is confirmed.
8. Banners must be claimed within five (5) working days from the date of its
removal. Please claim banners at the Community Center. Banners not claimed
within five (5) working days may be disposed of at the discretion of the
Recreation Department.
237
ATTACHMENT B
9. To ensure that your banners be highly effective and properly placed at Blaney
Plaza, the following standards must be met:
a) Banners must be four (4) feet by at least twenty-five (25) feet long. If
properly prepared, banners up to forty-five (45) feet in length may be
allowed.
b) Banners must be made from a heavy-duty canvas or awning type of
material.
c) One-half (1/2) inch inside diameter metal grommets are to be placed at all
four corners of the banner. Rope should be sewn at the top and bottom of
the banner with a loop at the end on all four corners.
d) One-half (1/2) inch inside diameter metal grommets must be placed at
least every thirty-two (32) inches along the tope edge of the banner.
e) Half moon air holes must be cut into the banner every five (5) feet of
length in order to avoid tearing or ripping. Depending on the type and
weight of banner fabric, it is recommended the half moon cuts be sewn to
avoid tearing and/or ripping.
10. The City of Saratoga assumes no responsibility or liability for banners, theft,
damage or injury that may result from the placement of banners at Blaney Plaza.
11. The City of Saratoga will be exempt from the fee requirement and the limitation
of time per year.
Adopted by Saratoga City Council: June 20, 1990
Revised: June 20, 2007
238
SARATOGA CITY COUNCIL
MEETING DATE June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: Recreation CITY MANAGER:
Dave Anderson
PREPARED BY: Michael Taylor DEPT HEAD:
Michael Taylor, Interim Recreation Director
SUBJECT: Fee Schedule Update for the North Campus Administration Building and
Consideration of a North Campus Banner Policy
RECOMMENDED ACTION(S):
Staff recommends that Council update the fee schedule for the North Campus Administration
Building Main Room rental to $100 per hour and the Conference Room rental to $40 per hour
(both with the current $300 Security Deposit and $25 Processing Fee) and consider establishing
a use policy and fee schedule for hanging banners at North Campus and direct staff accordingly.
REPORT SUMMARY:
North Campus Fees
The North Campus Administration building was made available for rentals in September 2002
until the facility was closed for renovation in January 2007. Rental charges during that term was
$40 per hour with the typical 50% discount for non-profit organizations and 10% for Saratoga
residents. There were a total of 827 uses of the facility (55 months of use with an average of
about 15 uses per month) that produced a total of $34,634 in revenues (average of $630 per
month).
Renovation of the building was completed on May 24, 2007. The newly remodeled main room
has a capacity of up to 80 people for parties, meetings, receptions, etc. Staff conducted a
comparative survey of fees (Attachment A) for sixteen comparable facilities. The average
security/cleaning deposit was $415, compared to Saratoga’s $300 deposit. The average hourly
rental rate for a small room that accommodates less than 50 people was $136. The average fee
for larger rooms for 80 people or more was $180 per hour. Due to the size of the rooms in
comparison with other facilities available to rent from the Recreation Department and the
comparative survey of fees, staff is proposing that a $100 per hour rental fee for the main room
and a $40 per hour rental fee for the conference room (with a previously approved $300 security
deposit and $25 processing fee – per Attachment B) be approved by Council.
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North Campus Banner
Staff recently received requests for banners to be placed at North Campus for two recycling
events held at the facility. Without a formal policy, staff permitted the hanging of the banners on
a temporary basis across two trees on the site.
With the improvements to the North Campus and the anticipated increase in scheduled activities
at the facility, additional exposure is expected to be drawn to the campus. The North Campus site
may be a favorable location for placement of a banner to allow public announcement of events,
similar to the Blaney Plaza Banner program.
Staff recommends that if a formal policy is adopted, the policy match that of the proposed
updated Blaney Plaza Banner program (Attachment C) and that Council direct staff to determine
an acceptable location at North Campus to hang the banners.
FISCAL IMPACTS:
North Campus rentals are anticipated to produce progressively higher revenues with
approximately $8,000 expected (currently budgeted) in fiscal 2007-08.
Minimal revenues may initially be realized through a fee charged for hanging a banner at North
Campus. Any revenue received for the first year of a banner program would probably by offset
by installation costs and staff time. Future revenues will be determined by public demand and
would be budgeted accordingly.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
If Council does not approve a new fee schedule for the North Campus Administration Building,
no reservations will be accepted for rental use and the budget will need to be adjusted
accordingly. If the rental fee is not adopted, additional recreational programming may be
scheduled as an alternative to reserved use.
ALTERNATIVE ACTION:
Council may choose to establish an alternative fee other than those identified.
FOLLOW UP ACTION:
If the fee proposal is approved, staff will immediately begin accepting reservations and collect
fees for the exclusive use of North Campus Administration Building rooms.
If the North Campus Banner program is approved, staff will return to Council with a proposed
resolution and policy.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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Agenda was posted in compliance with the Brown Act.
ATTACHMENTS:
A – North Campus Fee Proposal Comparison table
B – Facility Use Policy
C – (Proposed Updated) Blaney Plaza Banner Policy
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WEEKEND BUILDING RENTAL FEE COMPARISONS
City *RM 1 hr/rate **RM 2 hr/rate Deposit
Campbell $110. $85. $300.
No resident discount –Set-up time @50% discount.
Events over 4 hrs & attendance over 125 with alcohol charge
$37 hr for Campbell Police security.
Cupertino $230. $125. $750.
Only rents to residents. With alcohol there is a $25. hr charge for security.
Both rooms are much larger than ours.
Staff does set up & tear down – this is included in the hourly fee.
Foothill Club $220. N/A $300.
Includes unlimited set-up time n/c
Hakone $550. $350. $600.
Includes 2.5 hours set-up & clean-up time n/c
Berryessa $117. N/A $300
Montalvo $2450. $1400.
4 hour minimum charge
Sunnyvale $150. $100. $500. w/alcohol - $350. w/o
Includes first & last hour n/c
Saratoga $115. $100. $300. plus $25. process fee
Offer resident discount. Set up and tear down time at full rental fee.
* RM 1 is being compared to the Saratoga Multipurpose Room
** RM 2 is being compared to the Saratoga Senior Multipurpose Room
02/21/07
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RESERVATIONS
•
•
•
•
PROCESSING FEE & SECURITY DEPOSIT
•
•
•
•
•
Facility Use Policy
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CANCELLATION POLICY
•
•
NON-PROFIT GROUPS
•
•
•
•
SET UP & CLEAN UP
•
•
•
•
USE OF ALCOHOL
•
•
•
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ROOM CAPACITIES
GENERAL REGULATIONS
•
•
•
•
•
•
•
•
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Saratoga Facility Rental Fees
Processing Fee
The non-refundable Processing Fee of $25.00 is to be paid at the time the Reservation
form is completed.
Security Deposit
The refundable Security Deposit of $300.00 is to be paid at the time the Reservation form
is completed.
Rental Fees
The Rental Fees are to be paid 30 days in advance of event.
COMMUNITY CENTER
Multipurpose Rm w/kitchen $115/Hr
Senior Center Rm w/kitchen $100/Hr
Patio Rm $55/Hr
Dance Studio $50/Hr
Arts & Craft Rm $50/Hr
Garden Patio $225/Day*
*Available only when renting a room w/kitchen.
WARNER HUTTON HOUSE
House $80/Hr
Garden $80/Hr
House & Garden $115/Hr
AVAILABLE DISCOUNTS
Saratoga Residents 10% of Rental Fee
Non-Profit Organizations 50% of Rental Fee
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ATTACHMENT B – Proposed Updated
City of Saratoga
Blaney Plaza Banner Policy
1. Non-Profit Organizations advertising Saratoga-based community events or
organizations advertising Saratoga-based non-profit events may hang banners in
Blaney Plaza. Groups may be asked to show proof of non-profit status.
2. In June of each year, community groups will be asked to submit their requests for
preferred dates from July 1st to June 30th to hang a banner at Blaney Plaza. The
City will consider all requests and finalize the schedule for the coming fiscal year.
Dates open after the calendar is established can be filled throughout the year.
3. Requests will be given the following priority: 1) City of Saratoga sponsored
activities, 2) groups who’ve previously hung banners, and 3) new groups.
4. Groups may be allowed the use of Blaney Plaza no more than two (2) times in a
twelve-month period.
5. A banner may be hung seven (7) days per usage, from Monday through
Monday. If there are no other requests, the seven-day time period may be
extended to a maximum of fourteen (14) days.
6. All banners will be handled by the City’s Recreation Department. Banners must
be submitted to the Community Center (19655 Allendale Avenue, (408) 868-
1249, Monday-Friday from 8:30 a.m. – 4:30 p.m.) at least one week in advance
of the allotted time.
7. Groups will be charged fee of $300 per week. Please make checks payable to the
City of Saratoga. Checks are due when the schedule request is confirmed.
8. Banners must be claimed within five (5) working days from the date of its
removal. Please claim banners at the Community Center. Banners not claimed
within five (5) working days may be disposed of at the discretion of the
Recreation Department.
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ATTACHMENT B – Proposed Updated
9. To ensure that your banners be highly effective and properly placed at Blaney
Plaza, the following standards must be met:
a) Banners must be four (4) feet by at least twenty-five (25) feet long. If
properly prepared, banners up to forty-five (45) feet in length may be
allowed.
b) Banners must be made from a heavy-duty canvas or awning type of
material.
c) One-half (1/2) inch inside diameter metal grommets are to be placed at all
four corners of the banner. Rope should be sewn at the top and bottom of
the banner with a loop at the end on all four corners.
d) One-half (1/2) inch inside diameter metal grommets must be placed at
least every thirty-two (32) inches along the tope edge of the banner.
e) Half moon air holes must be cut into the banner every five (5) feet of
length in order to avoid tearing or ripping. Depending on the type and
weight of banner fabric, it is recommended the half moon cuts be sewn to
avoid tearing and/or ripping.
10. The City of Saratoga assumes no responsibility or liability for banners, theft,
damage or injury that may result from the placement of banners at Blaney Plaza.
11. The City of Saratoga will be exempt from the fee requirement and the limitation
of time per year.
Adopted by Saratoga City Council: June 20, 1990
Revised: June 20, 2007
251
SARATOGA CITY COUNCIL
MEETING DATE June 20, 2007 AGENDA ITEM:
ORIGINATING DEPT: Recreation CITY MANAGER:
Dave Anderson
PREPARED BY: Michael Taylor DEPT HEAD:
Michael Taylor, Interim Recreation Director
SUBJECT: City Representation on the Saratoga Area Senior Coordinating Council
(SASCC) Board of Directors
RECOMMENDED ACTION(S):
Staff recommends that Council review this report and appoints one Council member and the City
Manager or his designee to serve on the SASCC Board of Directors.
REPORT SUMMARY:
At their annual meeting on May 30, 2007, the SASCC membership approved a change in the
bylaws of the organization to increase the number of directors on the board from thirteen (13) to
fifteen (15). The bylaw amendment states that the two new directors are to be appointed by the
City Council and include representatives from the City Council or City staff as voting members
of the Board.
The purpose of the change was to provide the City an opportunity to offer additional oversight
and direction to the SASCC Board and to allow SASCC more immediate access to City liaisons.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
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Designated City Council member and City staff will attend SASCC Board of Directors meetings
and represent City interests.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Agenda was posted in compliance with the Brown Act.
ATTACHMENTS:
None
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