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HomeMy WebLinkAbout07-02-2008 City Council Agenda Packet (2) AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, July 2, 2008 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on June 26, 2008) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamation Recognizing July as Parks and Recreation Month in the City of Saratoga Recommended action: Acknowledge proclamation. SPECIAL PRESENTATIONS None 1 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2. City Council Minutes - January 18, 2006 Recommended action: Approve minutes. 3. City Council Minutes - April 4, 2007 Recommended action: Approve minutes. 4. City Council Minutes - June 18, 2008 Recommended action: Approve minutes. 5. Treasurer's Report for the Month Ended January 31, 2008 Recommended action: Review and accept Treasurer's Report for the month ended January 31, 2008 6. Treasurer’s Report for the Month Ended February 29, 2008 Recommended action: The City Council review and accept the Treasurer’s Report for the month ended February 29, 2008. 7. Treasurer’s Report for the Month Ended March 31, 2008 Recommended action: The City Council review and accept the Treasurer’s Report for the month ended March 31, 2008. 8. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: June 12, 2008 June 19, 2008 9. Award of Contract Recommended action: Accept report and award contract to CPO for the City’s copy machines. 10. Resolution Amending Council Agency and Adhoc Committee Liaison Assignments Recommended action: Adopt a resolution amending Resolution 07-076 appointing Council representatives to Committees, Agencies and Ad hoc Committees. 11. Authorization for Local Agency Investment Fund (LAIF) to Link the City’s Investment Fund to the City’s Payroll Bank Account. Recommended action: 2 Authorize LAIF to link the City’s Investment fund to the City’s Payroll account, and for the City Manager and the Finance & Administrative Services Director to sign the Authorization for additions of Bank and/or Account number form. 12. Vacation of Upper Old Oak Way Street Recommended action: 1. Adopt Resolution vacating a portion of Old Oak Way (Attachment 5). 2. Adopt Resolution accepting offer of dedication for Pedestrian/Equestrian Trail purposes (Attachment 6). PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 13. Amendment to City Code Procedures for Setting Appeal Hearings Recommended action: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached ordinance and waive the First Reading and direct staff to schedule this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council meeting. OLD BUSINESS 14. Joan Pisani Community Center Sign Design and Placement Recommended action: Approve design and placement of sign for Joan Pisani Community Center. NEW BUSINESS 15. Saratoga Community Band Fee Waiver Request 2008 Recommended action: Accept report and direct staff accordingly. 16. City Council Election Ethics and Standards Recommended action: Review and approve, modify, or deny the following proposals pertaining to ethics and standards for City elections: 1. Resolution adopting a proposed Pledge of Fair Campaign Practices; 2. Direction to the City Manager to increase the number of League of Women Voters candidate forums supported by the City from one to two on the condition that the second forum be held on the evening preceding the elections; and 3. Direction to the City Clerk to include on the City website a link to the Institute for Local Government publication titled "Campaigning Effectively for Local Office: Good People Can Finish First." 3 17. Comer Drive Retaining Wall Replacement Recommended action: Adopt Resolutions Amending the FY 2008-09 Budget for Retaining Wall Repair Work on Comer Drive. 18. LCC Annual Conference Recommended action: Designate a voting delegate and alternate for the League’s Annual Conference. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith Association of Bay Area Government Comprehensive County Expressway Planning Study Advisory Board (PAB) Hakone Foundation Executive Committee Santa Clara County Emergency Council SASCC West Valley Mayors and Mangers Association Sister City Liaison Council Finance Committee Highway 9 Safety AdHoc TEA AdHoc Vice Mayor Chuck Page Chamber of Commerce Hakone Executive Board West Valley Sanitation District Council Finance Committee Village AdHoc Valley Transportation Authority PAC Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association City School AdHoc TEA AdHoc Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc West Valley Solid Waste Joint Powers Association Councilmember Aileen Kao County HCD Policy Committee Northern Central Flood Control Zone Advisory Board Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) City School AdHoc Highway 9 Safety AdHoc 4 CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on June 26, 2008 for the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 26th day of June 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 7/2 Regular Meeting – Joint meeting with Heritage Preservation Commission and Historic Foundation 7/16 Regular Meeting – Joint meeting with SASCC 8/6 Regular Meeting – Joint Meeting with Hakone Foundation 8/20 Summer Recess – No Meeting 9/3 Regular Meeting – Joint Meeting with West Valley Board of Trustees 9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School District 10/1 Regular Meeting – Joint Meeting with Montalvo Arts 10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High School District 11/5 Regular Meeting –Joint Meeting with the Saratoga Ministerial Association 11/19 Regular Meeting – Joint Meeting with Mountain Winery 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – Traffic Safety Commission 6 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Proclamation Recognizing July as Parks and Recreation Month in the City of Saratoga RECOMMENDED ACTION: Acknowledge proclamation. BACKGROUND: For the past ten years, the National Recreation and Park Association and cities throughout the United States have been celebrating parks and recreation by declaring July as parks and recreation month. This special proclamation is intended to educate residents about the positive impact of parks and recreational programs, which help to bring the community together and keep residents healthy and happy. Parks and Recreation Commission Chair Thomas Soukup is expected to accept the proclamation on behalf of the Parks and Recreation Commission. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A Page 1 of 2 7 Page 2 of 2 FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Parks and Recreation Month Proclamation 8 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING JULY AS PARKS AND RECREATION MONTH IN THE CITY OF SARATOGA WHEREAS, Saratoga’s public parks and recreation programs are dedicated to enhancing the quality of life for the City’s residents; and WHEREAS, parks and recreation activities offer opportunities for people of all ages to come together and experience a sense of community; and WHEREAS, Saratoga’s Recreation and Facilities Department is committed to providing high quality services and programs that meet the needs and interests of the City’s residents; and WHEREAS, there are twelve beautiful parks in the City of Saratoga that range from small neighborhood parks to well-known regional parks that offer citizens the chance to explore, rest, play, and socialize; and WHEREAS, Saratoga is committed to keeping the City’s parks clean, safe, and beautiful for all residents to enjoy; and WHEREAS, the City also maintains a network of trails that serve as a tremendous recreational resource to the citizens of Saratoga; and WHEREAS, the superb recreational programs, parks, and trails in the City help make Saratoga a wonderful place to live and play; NOW, THEREFORE, I, Ann Waltonsmith, Mayor of the City of Saratoga, do hereby proclaim July as Parks and Recreation Month in the City of Saratoga, and urge all citizens to celebrate Parks and Recreation Month, and BE IT FURTHER RESOLVED that I urge all citizens to enjoy their community by participating in a recreational program or spending time in one of Saratoga’s beautiful parks. _________________________ Ann Waltonsmith, Mayor City of Saratoga 9 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – January 18, 2006 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – January 18, 2006 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from January 18, 2006 10 MINUTES SARATOGA CITY COUNCIL MEETING JANUARY 18, 2006 The City Council of the City of Saratoga held a Closed Session with the Planning Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Planning Commissioners were present: Susie Nagpal, Manny Cappello, Linda Rodgers, and Community Development Director John Livingstone. No action items to report. Mayor Kline called the Regular City Council meeting to order at 7:00 p.m. lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao, Mayor Norman Kline ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 18, 2006 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 18, 2006 was properly posted on January 12, 2006. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Ken Biester, from the Traffic Safety Commission Chairman addressed the Council. Mr. Biester reported on several accomplishments. The NTMP program was completed. A“Red Curb” guideline was developed to inform citizens on the use of red curbs. Committee goals: Become more involved in CERT program. ORAL COMMUNICATION ON NON-AGENDIZED ITEMS Citizen Ray addressed the council commenting on various issues. Citizen Elaine Claibo, Saratoga resident, addressed the Council regarding Kevin Moran Park. Ms. Claibo spoke against allowing soccer fields. 11 2 Citizen Mary Robertson, Saratoga resident, addressed the Council expressing the negative impacts to City services while allowing soccer fields at Kevin Moran Park. Citizen Priscilla Ho, Saratoga resident, addressed the Council expressing the negatives of funding soccer fields at Kevin Moran Park in lieu of other City services. ORAL COMMUNICATIONS – DIRECTIONS TO STAFF None to report ANNOUNCEMENTS Councilmember Ann Waltonsmith announced the 5th Annual Mustard Walk Festival from 11-3pm on Sunday, Feb 5. Kathleen King announced East meets West, a lunar New Year celebration with cultural events also on Feb. 5. Mayor Norman Kline announced there will be free electronic waste recycling on January 28, 9-1pm at 41 Miles Ave. Los Gatos. Details at www.cleanwater.org. CEREMONIAL ITEMS 1A. PROCLAMATION DECLARING THE WEEK OF JANUARY 29 – FEBRUARY 4, 2006 AS NATIONAL CATHOLIC SCHOOLS WEEK STAFF RECOMMENDATION: Present proclamation. Mayor Kline read the proclamation. 1B. COMMENDATION HONORING THE PLUMED HORSE STAFF RECOMMENDATION: Present commendation. Mayor Kline postponed the reading of the proclamation until another session as Mr. Klaus was not present to accept. SPECIAL PRESENTATIONS 2A. SANTA CLARA VALLEY WATER DISTRICT – POWER AWARD PRESENTATION DIRECTOR GREG ZLOTNICK STAFF RECOMMENDATION: Accept award. Mr. Greg Zlotnick presented the Power Award to the City of Saratoga from the Santa Clara Valley Water District. 2B. AUDITOR PRESENTATION - GARY CAPORICCI STAFF RECOMMENDATION: 12 3 Informational only. Mr. Gary Caporicci addressed the Council presenting the findings of the City audit. 2C. CITY OF SARATOGA COMMUNITY SATISFACTION SURVEY FAIRBANK, MASLIN, MAULLIN &ASSOCIATION STAFF RECOMMENDATION: Informational only. Sueanne McNeil Biotti, Researcher, Fairbank, Maslin, Maullin and Associates addressed the Council reporting the findings of the Community Satisfaction Survey. A total of 500 residents were surveyed. The results noted that the majority of residents enjoy living in Saratoga, feel the City is moving in the right direction and are satisfied with services in general. The need for more business downtown, generating needed revenue, and housing prices are seen by residents as the most serious issues as are road maintenance and cut services. Over 50% of those surveyed would also support a $100.00 increase in City taxes to pay for services. CONSENT CALENDAR 3A CITY COUNCIL MINUTES – DECEMBER 19, 2005 STAFF RECOMMENDATION: Approve minutes. STREIT/KING MOVED TO APPROVE MINUTES OF DECEMBER 19, 2005. MOTION PASSED 5-0-0. 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve register. STREIT/KING MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0-0. 3C. TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 2005 STAFF RECOMMENDATION: Accept report. STREIT/KING MOVED TO ACCEPT TREASURER’S REPORT FOR MONTH ENDED NOVEMBER 2005. MOTION PASSED 5-0-0. 13 4 3D. ZONING TEXT AMENDMENT – TO RELAX PARKING REQUIREMENTS IN CH-1 AND CH-2 ZONING DISTRICTS FOR A PERIOD OF THREE YEARS - SECOND READING AND ADOPTION STAFF RECOMMENDATION: Grant the second reading and adopt the ordinance approving text amendment to relax parking requirements in the CH-1 and CH-2 Zoning Districts for a period of three years. ORDINANCE NO. 240 STREIT/KING MOVED TO GRANT THE SECOND READING AND ADOPT THE ORDINANCE APPROVING TEXT AMENDMENT TO RELAX PARKING REQUIREMENTS IN THE CH-1 AND CH-2 ZONING DISTRICTS FOR A PERIOD OF THREE YEARS. MOTION PASSED 5-0-0. 3E. ADOPTION OF JOINT POWERS AGREEMENT WITH THE BAY AREA EMPLOYEE RELATION SERVICE (BAERS) STAFF RECOMMENDATION: Authorize City Manager to execute a JPA to allow the City of Saratoga to participate in the BAERS. Item was removed from the Consent Calendar. Vice Mayor Kao asked Finance Director, Michelle Braucht, to clarify access rights to BAERS system. RESOLUTION NO. 06-002 KAO/WALTONSMITH MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE A JPA TO ALLOW THE CITY OF SARATOGA TO PARTICIPATE IN THE BAERS. MOTION PASSED 5-0-0. 3F. DEANZA/PG&E TRAIL FUNDING AGREEMENT WITH VALLEY TRANSPORTATION AGENCY (VTA) STAFF RECOMMENDATION: Authorize the City Manager to execute Cooperative Fund Transfer Agreement with the VTA to enable the City to receive VTA funding for the Environmental and Design Phase of the DeAnza Trail Project. STREIT/KING MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE COOPERATIVE FUND TRANSFER AGREEMENT WITH THE VTA TO ENABLE THE CITY TO RECEIVE VTA FUNDING FOR THE ENVIRONMENTAL AND DESIGN PHASE OF THE DEANZA TRAIL PROJECT. MOTION PASSED 5-0-0. 14 5 3G. AMENDMENT TO THE SANTA CLARA VALLEY URBAN POLLUTION PREVENTION PROGRAM AGREEMENT STAFF RECOMMENDATION: Authorize the City Manager to sign a Second Amendment to the MOU. STREIT/KING MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A SECOND AMENDMENT TO THE MOU WITH SANTA CLARA VALLEY URBAN POLLUTION PREVENTION PROGRAM AGREEMENT. MOTION PASSED 5-0-0. 3H. TRAILS & BIKEWAYS MAPS FOR THE CITY WEBSITE STAFF RECOMMENDATION: Approve the Heritage Loop Trail, Parker Ranch Trail and Bikeways Map for the website. STREIT/KING MOVED TO APPROVE THE HERITAGE LOOP TRAIL, PARKER RANCH TRAIL AND BIKEWAYS MAP FOR THE WEBSITE. MOTION PASSED 5-0-0. 3I. JOINT USE AGREEMENTS WITH SANTA CLARA VALLEY WATER DISTRICT FOR PARK EASEMENT AT GARDINER PARK AND A PORTION OF SARATOGA CREEK AT VIA MONTE DRIVE STAFF RECOMMENDATION: Authorize the City Manager to execute following agreements with Santa Clara Valley Water District: 1. Joint Use Agreement for Gardiner Park. 2. Joint Use Agreement for a Portion of Saratoga Creek at Via Monte Drive. STREIT/KING MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE FOLLOWING AGREEMENTS WITH SANTA CLARA VALLEY WATER DISTRICT: 1) JOINT USE AGREEMENT FOR GARDINER PARK, AND 2) JOINT USE AGREEMENT FOR A PORTION OF SARATOGA CREEK AT VIA MONTE DRIVE. MOTION PASSED 5-0- 0. PUBLIC HEARINGS 4. DESIGN REVIEW APPLICATION #04-379 - APPEAL OF A DENIAL BY THE PLANNING COMMISSION TO CONSTRUCT A NEW 2-STORY SINGLE FAMILY RESIDENCE LOCATED AT 20840 FOURTH STREET STAFF RECOMMENDATION: Conduct Public Hearing and Approve the Design Review Application 04-379. Staff report by Lata Vasudevan. The applicant has revised drawings based on initial design review and recommendations. Staff recommends approval. 15 6 Planning Commission Chair Susie Nagpal, addressed the Council with the Planning Commission’s recommendation for the disapproval of the appeal. The applicant, Julie Houston, representing the property owners, presented revisions to the design and requested the appeal be approved. Mayor Kline opened the public hearing. The following people spoke: Citizens Eric and Sherry Kraule, Saratoga residents addressed the Council stating their disapproval of the appeal. Mayor Kline read a statement from citizen Garcia requesting denial of the appeal. Citizen Ken Schultz, Saratoga resident, addressed the Council requesting denial of the appeal. Mayor Kline closed the public hearing. Council discussion. Councilmember Waltonsmith stated that the lot was too small for the size house requested. Councilmember Kline noted that the applicant is within the design guideline and also noted the current precedence for two-story homes in the immediate area. Vice Mayor Kao did not support the appeal, also noting the bulk of the design. Mayor Kline supported the Staff. RESOLUTION NO. 06-001 STREIT/KING MOVED TO APPROVE THE APPEAL OF A DENIAL BY THE PLANNING COMMISSION TO CONSTRUCT A NEW 2-STORY SINGLE FAMILY RESIDENCE LOCATED AT 20840 FOURTH STREET, APPLICATION #04-379 AND TO WORK WITH ERIC AND SHERRY CRALL TO DETERMINE THE NUMBER AND TYPE OF TREES. MOTION PASSED 3-2-0. 5. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. RESOLUTION : 06-003 The public hearing was opened by Mayor Kline. 16 7 There were no speakers. The public hearing was closed by Mayor Kline. WALTONSMITH/STREIT MOVED TO APPROVE THE RESOLUTION ORDERING THE ABATEEMNT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION. MOTION PASSED 5-0-0. OLD BUSINESS 6. ALOHA AVENUE/HIGHWAY 9 INTERSECTION SAFETY IMPROVEMENTS STAFF RECOMMENDATION: Accept report and direct staff to implement permanent public safety improvements to the Aloha/Highway 9 intersection. Staff report by Public Works Director, John Cherbone. Director Cherbone reviewed the options: • No Action • Installing Mirror • Prohibiting left turns, (already implemented as interim) • Removing portion of the rock wall • Half street closure, (one way closure) – City Council previously had chosen this one as interim option with a proviso to study the traffic impacts. Traffic Engineering study conclusion: has improved safety greatly with negligible impact to traffic. • Full street closure Mayor Kline invited public comment. Citizen Ying Yao, resident of Saratoga, addressed the Council and spoke in agreement to the one way closure option. Citizen Ray, resident of Saratoga, addressed the Council and spoke in favor of widening Hwy. 9. Citizen Noel King, resident of Saratoga, addressed the Council and spoke about the traffic obstruction of the interim proposal and requested that the impacted residents be privy to the options for comment. Citizen Bob Lee, resident of Saratoga, addressed the Council requesting being able to review the options and favors prohibiting left turns. Mayor Kline closed public comments. Mayor Kline invited Council discussion. Councilmembers King, Kao, Waltonsmith and Streit spoke in favor of a permanent 17 8 partial closure, making a one way street. Mayor Kline spoke in favor of prohibiting left turns only. STREIT/WALTONSMITH MOVED TO ACCEPT PERMANENT PARTIAL CLOSING OF ALOHA FOR A PUBLIC SAFETY IMPROVEMENT OF THE ALOHA INTERSECTION. MOTION WAS PASSED 4-1-0 NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Norman Kline Library Joint Powers Association – Suggested a report out for the next Council meeting Valley Transportation Authority PAC – Mayor Kline was elected as Vice-Chair West Valley Mayors and Managers Association Vice Mayor Aileen Kao SASCC – Meeting Jan 23. Councilmember Nick Streit West Valley Solid Waste Joint Powers Association – Negotiating with various contractors for new service. West Valley Sanitation District – Study findings are that the City has double the capacity needed and is looking at implementing old system improvements. City/School AdHoc – Meetings at Saratoga High School set for next three Thursdays at 6:00 p.m. in the library regarding adding permanent lights on the field. Councilmember Ann Waltonsmith Sister City Liaison – Potluck meeting this Friday evening. Councilmember Kathleen King SCC Cities Association-Joint Economic Development Policy Committee (JEDPC) – San Mateo County is currently dealing with Comcast issues and would be interested in including Saratoga if the City desired. Village AdHoc – Number one strategic priority is to readdress the Housing Element in the City Plan and to look at the potential for a planned development in the Village. The number one tactical side of the Village is the sidewalks. CITY COUNCIL ITEMS Councilmember King attended the Silicon Valley Leadership Group where a discussion was held on a proposed VTA 25cent redundant tax. Ms. King suggested that the Mayor and Directors review the survey data to see if the tax could be supported. OTHER None 18 9 CITY MANAGER’S REPORT None CITY ATTORNEY’S REPORT Attorney Taylor noted that Item 3 – Public Hearing on Tentative Cancellation of Land Conservation (Williamson Act) Contract for 20865 Wardell Road (property owner Hall family) had an attached resolution with a condition authorizing staff to verify that the cancellation fee was paid to the County Auditor by the property owner. Staff is authorized to assure this fee was paid. ADJOURNMENT There being no further business Mayor Kline adjourned the meeting 9:45 p.m. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 19 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – April 4, 2007 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – April 4, 2007 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from April 4, 2007 20 MINUTES SARATOGA CITY COUNCIL APRIL 4, 2007 At 5:30 p.m., the City Council met in open session to interview candidates for the position of Hearing Officer. Nothing to report. At 6:00 p.m., the City Council held a Joint Session with the Saratoga Library Commission and Friends of the Saratoga Libraries. Mayor Kao called the Regular City Council meeting to order at 7:00pm and led the Pledge of Allegiance. ROLL CALL: PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith and Mayor Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Michael Taylor, Acting Recreation Director Cathleen Boyer, City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on March 30, 2007) ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Jack Lucas, Board of Trustees member, from West Valley/Mission Community College District addressed the Council. He introduced Don Cordero, newly elected Board of Trustee member replacing Jeff Schwartz for Area 1. Mr. Cordero stressed his commitment to West Valley Community College and the commitment to communication with the City of Saratoga. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Representatives from Friends of the Saratoga Libraries, addressed the Council regarding the joint meeting held prior to the Regular City Council meeting. The reopening of the library on Mondays, which began January 8, 2007 was well received by the public. The Book-Go-Round building will celebrate 80 years of existence and March 20, 2008 a celebration will be held to mark the 20-year anniversary of using the building as the Book Go Round. Besides the role of liaison to the Saratoga Library Commission, the 1 21 Libraries offer programs such as Saratoga Authors and Breakfast Club. The Easter Promenade will be held Saturday, April 10, 2007 from 3:00pm-5:00pm in the Village. The website for Friends of the Saratoga Library may be found at www://Fslonline.org A representative from the Saratoga Library Commission addressed the Council. The Commission provides City Council recommendations regarding policies, budgets, plans and procedures. The focus forward is to establish goals for the Commission, leverage assets, and respond to emerging needs of the Community. Janice Hemper gave an update about Saratoga’s “Wear Your Helmet Day” progress. Deputy Brad Davis has been helping her. She requested assistance from the Council with advertising the day. Vice-Mayor Waltonsmith agreed to meet with Ms. Hemper offline to determine level of assistance. Chuck Page suggested a joint meeting with the Trustees of West Valley College. Councilmember Hunter agreed and wanted enlightenment about what building will be going on at the College. City Manager Dave Anderson responded that there are plans available to view in the City Planning offices. ANNOUNCEMENTS As noted previously, the Easter Promenade will take place in the Village, on Saturday April 10 2007 from 3:00pm-5:00pm. CEREMONIAL ITEMS 1A. COMMENDATION HONORING BERNICE GIANSIRACUSA This Item was heard following Item 2B STAFF RECOMMENDATION: Present commendation. Mayor Kao read the commendation and presented it to City volunteer Mrs. Giansiracusa. Staff member John Livingstone commended Mrs. Giansiracusa for twenty years of invaluable service. 1B. COMMENDATION HONORING THE SARATOGA CALIFORNIA STAKE THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS STAFF RECOMMENDATION: Present commendation. Mayor Kao read the commendation and presented it to representatives of the Saratoga California Stake The Church of Jesus Christ of Latter-day Saints. 2 22 SPECIAL PRESENTATIONS 2A. WEST VALLEY COLLECTION AND RECYCLING (WVC&R) SERVICE UPDATE STAFF RECOMMENDATION: Informational only. A representative from WVC&R provided an update to the implementation of the new service. It was reported that lower customer call volume indicated that citizens are getting used to the new system. Customer calls are still encouraged as are emails. The WVC&R website; www: WestValleyRecycles.com. Customer service number is (408) 283-9250. Councilmember Hunter requested information about how best to pursue the idea of recycling in the Village. The representative suggested a meeting between WVC&R and the City, and will contact Cathleen Boyer to set it up. Councilmember King inquired about replacement of existing yard waste, garbage and recycling bins. The WVC&R representative noted they will be replacing all of the bins with ones compatible with their equipment. Councilmember King congratulated WVC&R on their responsiveness to City customers. 2B. SHIFT COALITION (SAFETY & HEALTH IS FIRST) STAFF RECOMMENDATION: Informational only. Ms. LD Hirschklau and student members of SHIFT presented a brief overview of the program. Ms. Hirschklau reported on the history and goals of the organization. Their focus is to reduce under-aged drinking in the communities of Los Gatos, Monte Sereno and Saratoga. Ms. Hirschklau requested the Council take into consideration the following suggestions: Require signed agreements at community wide events, (such as at the Saratoga Street Dance), work with merchants regarding product placement, consider town ordinances regarding underage drinking at parties and support coalition efforts. City Manager, Dave Anderson, suggested that SHIFT meet with Brad Davis, the Neighborhood Resource Officer, who could help them develop a cooperative program to assist SHIFT in meeting their goals. Vice Mayor Waltonsmith requested that they connect with the City’s Youth Commission, private schools and other school districts within Saratoga. 3 23 Councilmember King requested that Deputy Brad Davis submit an item in the Council Newsletter regarding current applicable City ordinances. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES – FEBRUARY 7, 2007 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith removed this item for correction. Councilmember Waltonsmith reported that the list of SASCC Board members present at the meeting was not correct. A corrected list of names was presented to City Clerk Boyer. WALTONSMITH/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES OF FEBRUARY 7, 2007 WITH CORRECTIONS. MOTION PASSED 5-0-0. 3B. CITY COUNCIL MINUTES – FEBRUARY 21, 2007 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/ KING MOVED TO APPROVE CITY COUNCIL MINUTES OF FEBRUARY 21, 2007. MOTION PASSED 5-0-0. 3C. CITY COUNCIL MINUTES – MARCH 2, 2007 STAFF RECOMMENDATION: Approve minutes. Councilmember Page removed the item from the Consent Calendar to present a correction. He stated that the incorrect item was in the recorded discussion of the direction on the North Campus. The minutes as written state, “Unanimous consensus on the following items: Direct staff to continue with the renovations of the Administrative Building, Fellowship Hall and making the Education building weatherproof.” Councilmember Page requested the minutes be changed to read “Unanimous consensus on the following items: Direct staff to continue with the renovations of the Administrative Building and Fellowship Hall.” with the phrase“…and making the Education Building weatherproof”, stricken from the record since it had not been unanimously agreed. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF MARCH 2, 2007 WITH CORRECTION. MOTION PASSED 5-0-0. 4 24 3D. CITY COUNCIL MINUTES – MARCH 7, 2007 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/ KING MOVED TO APPROVE CITY COUNCIL MINUTES OF MARCH 7, 2007. MOTION PASSED 5-0-0. 3E. CHECK REGISTER FOR MARCH 20, 2007 STAFF RECOMMENDATION: Accept check register. WALTONSMITH/ KING MOVED TO ACCEPT CHECK REGISTER FROM MARCH 20, 2007. MOTION PASSED 5-0-0. 3F. ADOPTION OF RESOLUTION APPROVING A LOCAL HAZARD MITIGATION PLAN PURSUANT TO THE DISASTER MITIGATION ACT OF 2000 STAFF RECOMMENDATION: Adopt the Resolution approving the Association of Bay Area Government’s (ABAGs) report “Taming Natural Disasters” as the City of Saratoga’s Local Hazard Mitigation Plan and authorize the City Manager to submit it, the City’s Local Hazard Mitigation Plan (LHMP) Annex and mitigation matrices to the Federal Emergency Management Agency (FEMA) for their final approval. RESOLUTION: 07-020 WALTONSMITH/ KING MOVED TO ADOPT RESOLUTION APPROVING THE ABAG REPORT “TAMING NATURAL DISASTERS” AS THE CITY OF SARATOGA’S LOCAL HAZARD MITIGATION PLAN. MOTION PASSED 5-0-0. 3G. AGREEMENT FOR CITY SURVEYOR SERVICES STAFF RECOMMENDATION: Authorize City Manager to execute an Independent Contract with CSG Consultants, Inc. for professional City Surveyor services. WALTONSMITH/ KING MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AN INDEPENDENT CONTRACT WITH CSG 5 25 CONSULTANTS, INC. FOR PROFESSIONAL CITY SURVEYOR SERVICES. MOTION PASSED 5-0-0. 3H. RESOLUTION TO SUPPORT THE METROPOLITAN TRANSPORTATION COMMISSION AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT (CMAQ) FUNDING FOR THE DEANZA TRAIL PROJECT STAFF RECOMMENDATION: Approve the resolution supporting the Metropolitan Transportation Commission’s (MTC) application for CMAQ funds for the DeAnza Trail Project. RESOLUTION: 07-078 WALTONSMITH/ KING MOVED TO ADOPT RESOLUTION OF LOCAL SUPPORT SAFETEA STP/CMAQ FUNDING. MOTION PASSED 5-0-0. 3I. COX AVENUE RAIL ROAD CROSSING PROJECT – CHANGE IN COST & SUPPLEMENTAL AGREEMENT STAFF RECOMMENDATION: Authorize the City Manager to execute Supplemental Agreement with Union Pacific Railroad Company. WALTONSMITH/ KING MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY. MOTION PASSED 5-0-0. PUBLIC HEARINGS 4. APPEAL OF A PLANNING COMMISSION DECISION RELATING TO 14451 OAK PLACE STAFF RECOMMENDATION: None - appeal withdrawn. City Attorney Taylor explained that, as a point of order, since this item was advertised in the Saratoga News as a public hearing, the Mayor should ask if there was anyone in the audience wishing to speak on the item. Mayor Kao opened the public hearing and invited public comments. Seeing none Mayor Kao closed the public hearing. 6 26 OLD BUSINESS None NEW BUSINESS 5. HIGHWAY 9 SAFETY IMPROVEMENTS – MASTER PLAN APPROVAL This Item was heard after Item 6 STAFF RECOMMENDATION: Approve Master Plan and Phase I scope of work for Highway 9 Safety Improvement Project. John Cherbone, Public Works Director, and Iveta Harvancik, Associate Engineer, presented the staff report. The project covers both sides of the 4.4 miles of Highway 9 between Los Gatos and Saratoga. Staff from the Tri City group; Saratoga, Monte Sereno and Los Gatos, are working cooperatively to define cost distribution and plan. Ad Hoc committee was formed to review master plan and obtain public input. Project is funded by a Federal grant that only supports Phase One of the project. The Master Plan includes adding new and widening current bicycle lanes to between a minimum of four feet wide and a maximum of eight feet wide, creating pedestrian pathways to a maximum of six feet wide and safe pedestrian crossing at certain key points. The overall intent is for both bicycle lanes and the pedestrian pathways to be continuous from the City of Saratoga, through Monte Sereno and to the Town of Los Gatos. Phase One will include; striping for a partial bike lane and the installation of one pedestrian activated crosswalk at Vickery Street. Construction will be summer of 2007. Public Works is aggressively looking for other grant funds to support the rest of the Master Plan. Councilmember Hunter asked why the crosswalk would be put at Vickery Street instead of Horseshoe Drive. Director Cherbone said the decision was made to put a pedestrian activated crosswalk at Vickery because it is a shorter, safer distance for pedestrians to cross. Councilmember Hunter asked whether residents near Fruitvale Avenue, who were asked several years ago by the Planning Commission to provide pedestrian pathways along the front of their properties as a condition for remodeling their homes, had actually put the pathways in and if they were being used in conjunction with this plan. Director Cherbone was aware of two other locations where pedestrian pathways were conditional and would check into the homes near Fruitvale. Public Works was commended by Council for working with the other cities and public agencies. 7 27 Jim Stallman, Saratoga resident, addressed the Council mentioning that according to his understanding of the California Vehicle Code, the street could be set at a lower speed if the City desired. Councilmember King clarified that CalTrans owns the street and that the City of Saratoga can not set the speed, but can request a reduction. Joanne Pip, representing Citizens for Hwy 9 Safety, addressed the Council to note that the grant money should not be used to fund a resurfacing project that CalTrans had already slated to do. In addition, she asked the Council to request three Speed Radar Feedback signs that CalTrans had once agreed to fund. Ms. Pip requested that the Council work to reduce the speed limit all along Hwy. 9; and thanked the Council for their support. Councilmember King asked if Ms. Pip could provide written documentation to support her claim that CalTrans committed to providing the Speed Radar Feedback signs. Ms. Pip agreed to provide the documentation in the form of a published article. Director Cherbone stated that he asked CalTrans multiple times regarding the commitment, but to date CalTrans has not agreed that they made a commitment. He also stated that the City obtained two other Speed Radar Feedback signs from the County, and VTA, with an application through the Sheriff’s Office. The two signs are awaiting parts and will then be installed. KING/PAGE MOVED TO APPROVE MASTER PLAN, ENGINEERING DRAWINGS AND PHASE I SCOPE OF WORK FOR HIGHWAY 9 SAFETY IMPROVEMENT PROJECT. MOTION PASSED 5-0-0. Vice Mayor Waltonsmith requested Staff to explore what speed limit rights and privileges there might be now that bike lanes will be present on both side of Highway 9, and report back in the Council newsletter. Mayor Kao declared a 5 Minute break at 9:00pm. Council reconvened at 9:05pm 6. DIRECTION REGARDING USE OF AQUATIC FACILITIES AT SARATOGA HIGH SCHOOL STAFF RECOMMENDATION: Accept report and direct Staff and the City’s School Ad-Hoc Committee accordingly. Michael Taylor, Interim Recreation Director, presented the staff report regarding the use of the aquatic facilities at Saratoga High School. Upon the decision of the high school administration, aquatic use was discontinued with the lapse of the most recent use agreement between the City and the District. At the March 21, 2007 Council meeting, citizens addressed the Council and 8 28 requested reinstatement of the noontime swim program. Staff is seeking direction from Council. Councilmember King asked why the pool was not included in options for credits at the time the $150,000.00 funding was made and why the City’s Recreation program doesn’t include swim programs. Director Taylor responded that the high school aquatic facility was never intended or specifically designed for public use as are other pools. Aquatic programs are very costly, and given the City’s mandate for the Recreation Department to seek full cost recovery, it would be cost prohibitive to provide aquatics programs. Councilmember Waltonsmith stated that DACA performs the task of providing aquatic programs making it unnecessary for the City to provide one. Kerry Matsuoka, Superintendent of Saratoga/Los Gatos High School District addressed the Council. He reported findings from a DACA audit on adult use during noontime swim hours. Currently 16-18 individuals per week use the pool, six to eight of whom are Saratoga residents. Councilmember Hunter commented that residents gave money for the original pool in the 1980’s because they thought they were getting a “town swimming pool”. She asked Mr. Matsuoka what changed in 2002, when it became a school only pool. Mr. Matsuoka was unable to respond to that question. Councilmember King asked if other pools were available in the area. Mr. Matsuoka noted that Fremont/Union High School District is the only district he found that offers public swim; however, separate locker rooms are used by adults. Councilmember Page asked Mr. Matsuoka what other swim programs are available at Saratoga High School. Mr. Matsuoka responded that DACA offers early morning adult swim and afternoon child swim programs. DACA also offers Summer swim. Cynthia Cheng, Board President of Saratoga/Los Gatos High School Board addressed the Council. She noted that the pool was built for the school and students and the safety and privacy of the students cannot be compromised. The pool should be offered in the mornings, afternoons and summers when the students are not using the pool. Councilmember King asked Ms. Cheng if the School Board would be willing to look at any other programs during the noontime. Ms. Cheng responded that she didn’t feel it could be an option and reiterated that her obligation was to the safety of the students. 9 29 The following people spoke in favor of keeping the noontime swim program: Lisa Fisher Colbry Shannon Newton Connie Curry Tom Lawrence Ken Strasser Helen Chan, from Saratoga and a PTSA member spoke on behalf of the parents and students of Saratoga High School in support of the closure of the noontime swim for the protection and safety of the students. Councilmember Page asked Ms. Chan the number of students and families attending Saratoga High School. Ms. Chan responded with an approximate number of 1300 students and 900 families. Vice Mayor Waltonsmith suggested the School Ad Hoc Committee meet and continue the discussion of the use agreement, including pool use. She noted that DACA does provide the high school with some funding from the fees they charge the public. Vice Mayor Waltonsmith expressed hope that Saratoga citizens wouldn’t be surprised by decisions made by the Council or the School District in the future. Councilmember Hunter recalled when the pool was built and the idea that it would be for community use. However, she noted the issue of pool use is not the Council’s purview but rather the School Board’s and she respected their decision. Councilmember Page noted that the School Board has a responsibility to the students. He stated that as the school continues to offer open times for the public, he deferred to the school board’s decision. Councilmember King was in agreement with Councilmember Page. She noted that during the School Ad Hoc meeting about the use permit, the District expressed willingness to add 5 more years to the agreement, but the all weather turf field and pool would not be part of it. Mayor Kao stated that safety is the number one issue of the city government and could understand why this is also the school’s priority. She reiterated that during school hours, the pool should be kept for students and staff. Vice Mayor Waltonsmith thanked the citizens and the school for coming to the Council meeting to discuss the issue. 7. PEDESTRIAN FACILITIES AT HERRIMAN AVENUE AND LEXINGTON COURT STAFF RECOMMENDATION: Accept report and direct staff accordingly. 10 30 Public Works Director John Cherbone presented the staff report, responding to the request from the March 21, 2007 City Council meeting to address the issue of pedestrian safety at the crossing of Herriman Avenue at Lexington Court. The mid-block crossing is used heavily by Foothill Elementary students to cross Saratoga/Sunnyvale Road. It is also used by high school students. Currently there are no sidewalks leading to the controlled crossing (traffic signal) over Saratoga/Sunnyvale Road from the Lexington Court side. Foothill students cross Herriman at the point of Lexington Court to access the sidewalk in front of Saratoga High School. Director Cherbone described options for safety improvements: Option 1: Install traffic signal. It would most likely not meet the warrant (criteria) for traffic signalization and cost would be prohibitive at $120,000.00. Option 2: In paving flashing lights. Pedestrian presses button to activate. Cost is $75,000.00. Option 3A: Create a continuous walkway all the way from Herriman to Saratoga/Sunnyvale Road. Students would cross Herriman at Saratoga/Sunnyvale Road to access the controlled crossing. The cost would be about $45,000.00. Option 3B: Install the sidewalk as in Option 3A and additionally create a controlled crossing on the Lexington side of Saratoga/Sunnyvale Road by modifying the traffic signal at an additional cost of $30,000.00, totaling $75,000.00. This option would eliminate the need for the elementary students to cross Herriman. Director Cherbone requested direction from Council. Councilmember King questioned the expense for one crosswalk and signal change. Director Cherbone responded that costs were in line with other similar projects and specific costs for this project were attributable to software modifications, materials, and labor. Councilmember Hunter asked why stop signs weren’t being considered. Director Cherbone said that they would not meet the required “warrants”, (criteria). Councilmember Page asked if the Arborist had looked at the impacts the various options would have on trees along the route. Director Cherbone responded that landscaping and easement impacts had not yet been investigated, nor had affected neighbors been communicated with but all would be done upon direction from Council to Staff. Vice Mayor Waltonsmith observed that knockdown barriers have been put up on the existing crosswalk. Councilmember King noted, and Director Cherbone concurred, that the Presbyterian church and one homeowner along Herriman 11 31 would be the only two properties affected. Councilmember Waltonsmith asked the date of the next Traffic Safety Commission meeting. Director Cherbone stated April 12, 2007. Mayor Kao commented that Camino Rico also has a knockdown barrier going in and asked if a sidewalk could be installed along that section as well. Director Cherbone noted this concept would have a greater impact to landscaping along the front of homeowner properties and stated the route more likely used by students was along Lexington Court. Mayor Kao asked what the procedure would be to request a signal light. Director Cherbone responded that typically these issues go through the Traffic Safety Commission first and when funding is required, go to Council. Councilmember Hunter asked what feedback Public Works has received regarding the knockdowns in the Village. Director Cherbone responded that he has received positive feedback regarding the Village knockdowns, acknowledged that aesthetics play a large role in the Village, but that safety should come first regarding this issue, though aesthetics would be duly considered. Jao Sing, Lexington Court resident addressed the Council. He thanked the City for the knockdowns but stated that they aren’t enough. Bridget Ballingal, member of the Traffic Safety Commission and resident adjacent to Lexington Court, addressed the Council. She recommended keeping the project as an agenda item with the Traffic Safety Commission and that the project should be looked at comprehensively before a decision is made. She cited other issues such as speeding and egress and exit issues that should also be addressed. Karen Perrizolo, Saratoga resident, addressed the Council. She requested a study for a stop sign at Lexington and Herriman to see if one is warranted. Ms. Sujatha, Saratoga resident, addressed the Council and reiterated the need for safety and for a study. Ms. Sujatha suggested sidewalks or pathways be installed. Brian Scottalini, Saratoga resident, addressed the Council and echoed the request for a comprehensive study. Councilmembers King, Hunter and Vice Mayor Waltonsmith suggested the project continue with a full study, via the Traffic Safety Commission. Councilmember Page commended Staff for their quick response. He agreed that 12 32 with the complexities, it should be given to the Traffic Safety Commission for review and recommendation. Mayor Kao agreed it should be given to the Traffic Safety Commission and requested continued citizen involvement. Staff Direction: Agendize this issue on the next Traffic Safety Commission meeting of April 12, 2007 After a traffic engineering study is complete, the Commission will readdress the issue in their following meeting and prepare recommendations and budget requirements for a subsequent Council meeting. 8. MIXED-USE DEVELOPMENT STANDARDS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Community Development Director, presented the staff report. In 2002, the Housing Element of the City’s General Plan was updated. In order to obtain approval and certification of the plan from the State, the City was required to show how it met the City’s fair share of the bay area’s regional housing needs. Two new policies were approved in order to meet this requirement. 1) make secondary units easier to get, via an incentive of deed restriction for low income for additional floor area allowances by the City. 2) create a mixed-use development standard. These two housing element policies from the General Plan were implemented in the City Zoning Ordinances in 2004. The new ordinance provided for additional housing opportunities and acted to preserve the future commercial development in the Village and other areas throughout the City by controlling dwelling units development to be no more than 50% of the total building area of the total site development. One of the other requirements of the Mixed-Use Standards was that the residential component had to be rental housing only and no greater than 1250sf. This requirement prohibits owner occupied condominiums in these areas. Director Livingstone reported that feedback from some Village area single family home owners was that they would welcome condo living in the Village, but with the current standards requiring apartment rentals only, this would not be possible. He also noted that in order to allow condos in the Village, the City would have to amend both the City Zoning Ordinance and the Housing Element. If the rental requirement was removed, the City would have to produce other options to support the required low income housing. One option noted could be inclusionary housing. 13 33 Councilmember Hunter asked if homes along Big Basin Way burned down, is the zoning such that they would not be able to rebuild their home as it would fall under the new zoning, which requires a new mixed use. Director Livingstone responded by using the example of a condo complex. If it burned down, under the current Mixed-Use restrictions, and was rebuilt, only 50% of the condo complex would be able to be rebuilt as is, while the remainder would have to be commercial. City Attorney Taylor added that the Housing Element is part of the General Plan. The City can not change anything in the Zoning Code if it will be different than the City’s General Plan. Regarding the nonconforming use issue, there may be a way to amend the code to say that the City can do 100% housing as long as 50% is comprised of the 1250sf rental unit housing. Another option might be to allow homeowners a time allowance, e.g., for 10 years they would be allowed to rebuild, but that homeowners need to be aware that the use and zoning has ultimately changed. Attorney Taylor also reminded Council that whatever was decided could not be contrary to what the City told the State in the Housing Element. There are very strict state laws regarding variances. There needs to be some unusual characteristics of the property in order to grant a variance. A non conforming use would not be a valid criteria to approve a variance. Vice Mayor Waltonsmith asked when the Housing Element is due to be redone. Director Livingstone responded that it needs to happen in 2009 and then designate an area for low cost housing or determine inclusionary housing, (distributed percentage) in future projects. Vice Mayor Waltonsmith provided a brief background to the issue, noting that when first planned in 2004, it was decided that the new housing element requirement would be spread throughout the City. Her concern is that it might now be located in just one area. Councilmember Page asked for definition of low income housing. Director Livingstone responded that any apartment is typically considered low income housing, but rents are based on county average and median income. Councilmember Page noted that the State could come back and tell the City to come up with a stiffer plan and actually make the City build the units, not just plan for them. He asked if it would be possible for Staff to look at a Village specific plan and alternatives that would meet all or part of the requirements for low income housing. 14 34 Councilmember Hunter noted because this issue will take lots of time and money; she wanted to see the State housing requirement numbers prior to proceeding. Councilmember Page and King debated the use of the General Plan fees as method for paying for the study. Director Livingstone described the process to develop and review plans and noted that at the Council retreat, it was agreed that the next General Plan element to review would be the Housing Element which is typically reviewed every 5 years. Community Development plans, in May, to present the entire work plan, General Plan, and ordinances, in a public forum. Mayor Kao asked for clarification on whether affordable units could be for sale or for rent. Director Livingstone responded that they could be either, but in Saratoga the cost to develop generally is so high that developers cannot afford to sell the units at below market rates, hence they end up typically as rentals. Gene Zambetti addressed the Council and requested that the agenda item be continued to future Council meetings so the residents and commercial owners from the Village could be involved. He has a current project proposing a commercial business on street front, two 1250sf apartments in the rear, and an office on the top. Councilmember King commented that from her research banks are not open to financing apartments above retail space and suggested that the City needs a redevelopment agency to help with financing businesses who want to come in the Village. Councilmember Page stated that he wanted to look at options, such as building a Village neighborhood, where people live and can walk to stores and restaurants. He suggested Staff be given 45 days to come up with creative alternatives for a viable village neighborhood that will bring people to live in the Village. Vice Mayor Waltonsmith noted the requirement of meeting State demands with the current Housing Element was accomplished and feels that more condos in the village is not the answer for creating a vibrant Village. Mayor Kao stated she would like to consider all commercial areas in the study not just the village and suggests the Staff come up with more ideas that make it successful for property owners and residents alike. Vice Mayor Waltonsmith suggested waiting for the new State housing requirement numbers. 15 35 Mayor Kao asked when the State numbers would come in. City Manager Dave Anderson stated it’s unsure exactly when the City would receive the numbers; however, we anticipate the numbers will be somewhere in the mid 300’s. It was also noted that by waiting, the State could impart more stringent requirements, for example, requiring the building of units, not just putting the capacity in place. City Attorney Taylor also noted that the laws are already more restrictive than when the City adopted the Housing Element in 2002 and noted they will continue to get tougher. The City should evaluate the current plan and use the mid 300’s as a good working number. Direction to Staff: On June 20, 2007, the Council will hold a Village Revitalization Study Session. For that meeting, Staff will have conceptual alternatives, a process timeline, roadmap, and budget prepared. 9. TIME SCHEDULING FOR SITE VISITS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Community Development Director, presented the staff report. After discussion by Council, it was agreed that site visits would be moved to Mondays at 9:30 a.m.. CITY COUNCIL ITEMS- Councilmember Waltonsmith announced that May 19 is anti-litter/pickup and anti-graffiti day. She also noted that on May 2nd, a Joint meeting with Villa Montalvo and Mountain Winery has been scheduled. She suggested that separate meetings should be scheduled with each of the organizations. City Manager Anderson suggested the issue be discussed the following day at the meeting with the Mayor. Councilmember King requested an update on efforts by City to go paperless. City Clerk Boyer will publish update in newsletter. Councilmember Hunter requested recycling at the village be an agenda item. Council suggested that Councilmember Hunter meet with a representative of WVC&R to discuss the issue. 16 36 17 OTHER CITY MANAGER’S REPORT – none CITY ATTORNEY’S REPORT City Attorney Taylor proposed the Council make a motion to continue its meeting in closed session in the Administrative Conference room, in order to continue the hearing officer agenda item, as well as other closed session items, or continue the closed session at a future time. PAGE/KING MOVED TO CONTINUE MEETING AS CLOSED SESSION. MOTION PASSED 5-0-0 CLOSED SESSION –ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel – Initiation of Litigation Gov't Code section 54956.9(c): (2 potential cases). ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 11:00 p.m. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 37 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – June 18, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – June 18, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from June 18, 2008 38 MINUTES SARATOGA CITY COUNCIL MEETING JUNE 18, 2008 The City Council held a Joint Meeting at 6:00 p.m. with the Home Owners Association Presidents in the Saunders Room at the Community Center. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00PM and led the Pledge of Allegiance. ROLL CALL: PRESENT: Councilmembers Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, and Mayor Ann Waltonsmith ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA Acting City Clerk Ann Sullivan reported Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on June 12, 2008. ORAL COMMUNICATIONS ON NON AGENDIZED ITEMS The following people spoke: Dr. Barbara Morrow Williams, Librarian of Saratoga Library addressed the Council on the re- opening of the Warner Hutton House for the after-school program. Sheryl Cummins – spoke in support of the reopening of the Warner Hutton House for the after- school program. The following Youth Commissioners spoke in support of the reopening of the Warner Hutton House for the after-school program: Jacob Baker, Justin El-Diwany, and Corey Rateau.  1 39 Mary Kay Britenbach – addressed the Council on the use of the banner at Blaney Plaza. She asked Council to consider waiving the $300 fee advertising Village events and to allow the banner to be hung for a week for each local event in the Village. She noted there were only 13 requests for the use of the banner in the upcoming 12 months. COUNCIL DIRECTION TO STAFF Councilmember King asked to agendize the reopening of the Warner Hutton House for after school events. Vice Mayor Page seconded the request. Vice Mayor Page asked staff to meet with Mary Kay Britenbach regarding the criteria for the use of the banner in the Village and the established fee requirements. Councilmember King suggested looking into lowering the fee for the banner rental. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Administrative Analyst II Crystal Morrow reported on the Home Owners Association Joint Meeting held at 6:00p.m. She noted representatives from the following 13 neighborhood associations were present: Greenbriar; Bell Grove; Congress Springs; El Quito; De Haviland Circle; Madronia Historic Area; Saratoga Heights; Saratoga Hills Road; Saratoga Neighborhood Task Force; Saratoga Oaks; Saratoga Parkside; Saratoga Woods; and Vineyards of Saratoga. Deputy Dan Cutforth gave a presentation on Crime Prevention and Neighborhood Watch Program, and invited the representatives from each association to begin planning a neighborhood watch for their communities. Emergency Services Coordinator Jim Yoke shared information on the importance of neighborhood emergency planning and the role of Community Emergency Response Teams (CERT) in neighborhood associations. In addition, neighborhood representatives provided a brief overview of their association’s objectives. Each representative received Association Contact Information forms and once the completed forms are returned, staff will post on the City Website general information about each association. ANNOUNCEMENTS Mayor Waltonsmith announced the Silicon Valley Realtors Association is having a fund raising event for both Los Gatos Recreation Department and the City of Saratoga Youth Program. Proceeds from ticket sales for the San Jose Giants baseball game at 5:00p.m.on August 3, 2008, will help fund both these organizations. Vice Mayor Page announced the annual 4th of July celebration at Azule Park from 10:00 to 11:30AM.  2 40 CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CIP STUDY SESSION MINUTES – JUNE 3, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/HUNTER MOVED TO APPROVE CIP STUDY SESSION MINUTES – JUNE 3, 2008. MOTION PASSED 5-0. 2. CITY COUNCIL MINUTES – JUNE 4, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES – JUNE 4, 2008. MOTION PASSED 5-0. 3. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: May 29, 2008 and June 5, 2008. PAGE/HUNTER MOVED TO APPROVE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES – MAY 29, 2008 AND JUNE 5, 2008. MOTION PASSED 5-0. 4. NORTH CAMPUS FELLOWSHIP HALL – AMENDMENT – INDEPENDENT CONTRACTOR AGREEMENT APPROVAL STAFF RECOMMENDATION: 1. Approve Independent Contractor Agreement with Amendment between the City of Saratoga and Steve Benzing, Architect. 2. Authorize the City Manager to execute the same.  3 41 PAGE/HUNTER MOVED TO 1) APPROVE INDEPENDENT CONTRACTOR AGREEMENT WITH AMENDMENT BETWEEN THE CITY OF SARATOGA AND STEVE BENZING, ARCHITECT; 2) AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0. 5. MOTOR VEHICLE (MV) RESOLUTION AUTHORIZING NO PARKING STAFF RECOMMENDATION: Move to adopt the Motor Vehicle Resolution authorizing “No Parking” on a portion of Kirkmont Drive RESOLUTION NO. MV-275 PAGE/HUNTER MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING “NO PARKING” ON A PORTION OF KIRKMONT DRIVE. MOTION PASSED 5-0. 6. AWARD OF CONTRACT FOR STREET SWEEPING SERVICES STAFF RECOMMENDATION: 1. Move to award a two year Street Sweeping Contract to Universal Sweeping Services in the amount of $90,000 per year with an additional $10,000 allocation per year for unscheduled sweeping. 2. Move to authorize the City Manager to execute a Street Sweeping Contract with Universal Sweeping Services. PAGE/HUNTER MOVED TO 1) AWARD A TWO YEAR STREET SWEEPING CONTRACT TO UNIVERSAL SWEEPING SERVICES IN THE AMOUNT OF $90,000 PER YEAR WITH AN ADDITIONAL $10,000 ALLOCATION PER YEAR FOR UNSCHEDULED SWEEPING; 2) AUTHORIZE THE CITY MANAGER TO EXECUTE A STREET SWEEPING CONTRACT WITH UNIVERSAL SWEEPING SERVICES. MOTION PASSED 5-0. 7. UPPER OLD OAK WAY VACATION STAFF RECOMMENDATION: 1. Adopt Resolution vacating a portion of Old Oak Way. 2. Adopt Resolution accepting offer of dedication for Pedestrian/Equestrian Trail purposes (Attachment 1).  4 42 City Attorney Richard Taylor removed this item stating the applicant requested to reschedule this item to the July 2, 2008 Council meeting in order to complete outstanding items. PAGE/KAO MOVED TO APPROVE CONSENT CALENDAR ITEM NUMBER 7 – UPPER OLD OAK WAY VACATION – TO THE JULY 2, 2008 COUNCIL MEETING. MOTION PASSED 5-0. 8. PROPERTY TAX LEVY FOR DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS STAFF RECOMMENDATION: Adopt the resolution which sets the FY 2008/09 property tax levy rate for the Library General Obligation Bonds. RESOLUTION NO. 08-041 PAGE/HUNTER MOVED TO ADOPT RESOLUTION WHICH SETS THE FY 2008/09 PROPERTY TAX LEVY RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS. MOTION PASSED 5-0. 9. CITIZEN OPTIONS FOR PUBLIC SAFETY – SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS GRANT (COPS/SLESF) STAFF RECOMMENDATION: Adopt resolution authorizing the continued use of the Citizen Options for Public Safety Program’s Supplemental Law Enforcement Services (COPS/SLESF) grant as a source of funds for additional public safety services. RESOLUTION NO. 08-042 PAGE/HUNTER MOVED TO ADOPT RESOLUTIONAUTHORIZING THE CONTINUED USE OF THE CITIZEN OPTIONS FOR PUBLIC SAFATY PROGRAM’S SUPPLEMENTAL LAW ENFORCEMENT SERVICES (COPS/SLESF) GRANT AS A SOURCE OF FUNDS FOR ADDITIONAL PUBLIC SAFETY SERVICES. MOTION PASSED 5-0. 10. ANNUAL APPROVAL OF THE CITY’S INVESTMENT POLICY – FOR FISCAL YEAR 2008/09 STAFF RECOMMENDATION: For the City Council to approve the Investment Policy for Fiscal Year 2008/09.  5 43 PAGE/HUNTER MOVED TO APPROVE THE INVESTMENT POLICY FOR FISCAL YEAR 2008/09. MOTION PASSED 5-0. Mayor Waltonsmith asked to move Item 13 up next for discussion due to the number of people present to speak on this item. Council concurred and moved on to Item 13. PUBLIC HEARINGS 11. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 PUBLIC HEARING, APPROVAL OFENGINEER’S REPORT, AND CONFIRMATION OF ASSESSMENTS FOR FY08/09 STAFF RECOMMENDATION: Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 08-09 Public Works Director John Cherbone presented staff report. He noted the City has asked property owners within Zone 31, Horseshoe Drive, to consider increasing their assessment to a maximum of $175.00 for FY 08/09 from the current FY assessment of $98.50. He stated a ballot was mailed to each property owner in Zone 31 asking whether or not they want the City, through its Landscaping & Lighting Assessment District, to continue providing for the maintenance of the frontage landscaping to the Horsehoe Drive area through a private contractor at the current level of maintenance at an increased cost. The ballot asks each property owner to vote on the approval of a maximum annual assessment of $175 for the fiscal year beginning July 1, 2008 along with a 5% maximum adjustment in subsequent years. He stated the results of the returned ballots would be determined by a simple majority vote of those voting. Director Cherbone stated ballots could be submitted up to the close of the public hearing and after that, ballots could no longer be submitted. Following the opening of the public hearing, he recommended the Mayor continue this item to be the last item on the agenda and move on to the next agendized item so that the City Clerk would have time to publicly open the ballots and count them. He concluded his report and recommended the Mayor open the public hearing for discussion. Mayor Waltonsmith opened the public hearing. No one was present to speak on this item. RESOLUTION NO. 08-043 PAGE/KING MOVED TO CONTINUE LANDSCAPING & LIGHTING ASSSESSMENT DISTRICT LLA-1 PUBLIC HEARING, APPROVAL OF ENGINEERS REPORT,AND CONFIRMATIN OFASSESSENTS FOR FY 08/09 TO THE LAST ITEM ON THE AGENDA. MOTION PASSED 5-0.  6 44 Mayor Waltonsmith closed the public hearing and moved on to the next item on the agenda. After discussion of the last agendized item, the Mayor returned to this item and asked for the results of the tabulated ballots. City Attorney Richard Taylor announced there were 35 votes in favor of the Landscaping and Lighting Assessment District LLA-1 proposal and 4 votes opposing the assessment proposal. PAGE/HUNTER MOVED TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 08/09. MOTION PASSED 5-0. OLD BUSINESS 12. 2008 SUMMER ISSUE OF THE SARATOGAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Administrative Analyst II Crystal Morrow presented staff report. Suggestions from Council: Vice Mayor Page – o Include article on garage sales again along with tips on how to have a good garage sale o Tips on water usage o More visuals – easier to read o Create option for residents to receive the Saratogan electronically in order to save paper o Consider doing one or two pages in color then the rest in black and white o Highlight the community garden Councilmember King – o Pictures should be bigger than the words; include more pictures with people o More bullet points, less words o Cost saving if done in black and white o Story on solar o How to get permits o Story on top one or two questions received by the City of Saratoga Councilmember Hunter – o Bay and water – tips on water conservation o Continue using color – wait to go black and white o Column on “Ask Jana” for code enforcement questions/concerns o Tree well in Village  7 45 Councilmember Kao – o Its summer time now – flowers and gardening are good visuals or topic ideas Mayor Waltonsmith – o Direct readers to website for more information o Stay with color for now Councilmember King asked if Council would review the next issue before it is mailed. City Attorney Richard Taylor stated Council could, however, it must be an agendized meeting item. City Manager Dave Anderson noted that not all suggested ideas may appear in the next issue; they will be added to the que. NEW BUSINESS 13. FACILITY NAMING APPLICATION FOR SARATOGA COMMUNITY CENTER STAFF RECOMMENDATION: Accept report and direct staff accordingly. Administrative Analyst II Crystal Morrow presented staff report. Crystal Morrow noted the City of Saratoga received a facility naming application from the Committee to Honor Joan Pisani proposing to name the Saratoga Community Center the Joan Pisani Community Center. She stated the City’s policy on naming Saratoga facilities and parks requires that all application be sent to the appropriate City Commission to provide the Council with a recommended action. The Parks and Recreation Commission reviewed this application on May 13, 2008 and unanimously recommended approval of the naming application. Crystal Morrow invited Paul Conrado to address the Council on the application process and to answer any questions the Council may have. Mayor Waltonsmith invited public comment. The following people spoke in support of renaming the Community Center after Joan Pisani and recommended the Council approve the application to rename the facility: Stephani Burgett, Robyn Katzman, Tina and Don Kellogg, Pam and Don Dunnett, Warren Lampshire, Joyce Hlava, Nancy Badgett, Terrence Ward, Ron Adolphson, Mark Pierce, Carolyn and Allen King. Paul Conrado gave the final presentation asking Council to support the renaming of the Community Center to the Joan Pisani Community Center. Mayor Waltonsmith closed the public comment and asked for Council discussion.  8 46 Vice Mayor Page stated he was pleased and proud to support the proposition to rename the Community Center the Joan Pisani Community Center. Councilmember King concurred and suggested the community create a book noting their favorite characteristics of Joan Pisani and why she was so important to the community. Councilmember Hunter concurred and noted it would be the greatest honor for her as a councilmember during her first four years serving on the Council. Councilmember Kao concurred and stated Joan Pisani was a role model in the community. Mayor Waltonsmith concurred as well and thanked everyone for going through the application process to rename a facility. WALTONSMITH, PAGE, KING, HUNTER, KAO/WALTONSMITH, PAGE, KING, HUNTER, KAO MOVED TO RENAME THE SARATOGA COMMUNITY CENTER TO THE JOAN PISANI COMMUNITY CENTER. MOTION PASSED 5-0. Mayor Waltonsmith thanked everyone for coming and declared a 5 minute break at 7:48PM. Mayor Waltonsmith reconvened the meeting at 7:55 to the PUBLIC HEARING section on the agenda. 14. SARATOGA VILLAGE PARKING AND VALET SERVICE REPORT STAFF RECOMMENDATION: Accept report and provide direction to staff regarding Saratoga Village Parking and Valet Service. Public Works Director John Cherbone presented the Village Parking portion of the staff report. Village Parking: Mayor Waltonsmith invited public comment. Mitch Cutler addressed the Council regarding the history of the 15 minute green parking zone in front of Blue Rock Shoot was installed in 1996 for the benefit of the patrons picking up food from Florentines Restaurant, Hongs Chinese Restaurant, and Blue Rock Shoot for coffee pick up and recommended that green zone remain. Franziska Holtzman, Fehr and Peers representative, was present to answer questions Council had.  9 47 Vice Mayor Page noted he didn’t see any advantage to a 3 hour parking limit and asked Ms. Holtzman if a 3 hour parking limit would be restrictive to leisurely diners in some restaurants. Ms. Holtzman stated that a few people may dine longer than 3 hours; however, most diners complete their dining in 3 hours. Councilmember Hunter inquired about the parking survey being conducted on Thursday and Saturday evening and that she thought Friday evening was a busy night in the Village. Ms. Holtzman responded that when the survey business owners were asked what their busiest time was and with that information Fehr and Peers decided to include one week day evening and one weekend evening. Mitch Cutler stated he was not supportive of a 3 hour parking limitation and that it wouldn’t accomplish much other than to have Village employees park in different areas. City Manager Dave Anderson noted the benefit to a 3 hour time limit was not to move things along arbitrarily, but to encourage employees to park in the more distant parking spaces in order to provide parking spaces closer to the businesses, particularly with on-street parking and within the parking districts. Mayor Waltonsmith asked who would be conducting enforcement of the 3 hour parking limit. City Manager Dave Anderson responded the Sheriff’s Office does enforcement and since there weren’t consistent rules regarding designated employee parking areas, it was difficult to enforce the two-hour parking limitation or on-street parking by employees. With this comprehensive parking study, there are safe parking zones designated for employees where they will know they can park all day. The City will do advertising, work with the Chamber, the SVDC and the businesses where they can tell their employees where they can safely park without fear of being ticketed. In addition, periodic spot enforcement will encourage employees to park in the designated employee parking zones. Mayor Waltonsmith closed public comment. Councilmember King stated she would recommend putting notices on vehicles when this new parking procedure goes into effect as there are many employees that do use the 2 hour parking zones to park in all day, knowing they won’t be ticketed. Direction to staff regarding Parking Districts: o Post 70 spaces with 8 hour parking limits in Village Parking District 3 and mark them with an “E” to direct employees to appropriate parking spaces that have small demand.  10 48 o Post 3 hour parking limits in Village Parking District 3 except for 70 parking spaces with small demand. o Post 3 hour parking limits in Village Parking districts 1, 2, & 4. o Revisit the 3 hour parking limitation in a year to see how it is working and if it needs adjustment. o Reduce length of the loading zone beginning furthest west in front of the Plumed Horse restaurant by the standard length of one parking space and convert the space to 2-hour parking. o Change 15 minute parking limit located in front of The French Tailor from 9:00AM – 10:00PM to 9:00AM – 6:00PM. o Change 15 minute parking limit located in front of De Mario restaurant to 2 hour parking. o Change loading zone located in front of the School Wear store to 2 hour parking. o Meet with all the business owners near the 15 minute loading zones, including Flo Bell and the owner of Vienna Woods, prior to processing the changes affecting the 15 minute loading zones. Village Valet Service: Public Works Director Cherbone presented the Village Valet Service portion of the staff report. Director Cherbone noted the Village Valet Service Ordinance states Council must meet annually regarding this ordinance; which he didn’t feel was necessary to meet annually. He went on to say that if Council wanted to make any amendments to the ordinance that annual meeting requirement might be one that could be amended. Mayor Waltonsmith asked if Council could leave the ordinance as it is or if an amendment to the ordinance would be required. City Attorney Richard Taylor stated that if Council only wanted to delete the requirement for annual review in this ordinance it does not need to go before the Planning Commission. Mayor Waltonsmith invited public comment. Mitch Cutler stated he was there on behalf of himself and Josh Weeks from the Plumed Horse to ask Council to consider Valet Parking on both sides of Big Basin Way. Discussion continued regarding valet parking areas, traffic coming into the Village and drivers making u-turns at Fifth Street and Big Basin Way to return to the restaurant and parking areas. Questions and concerns were raised regarding the legality of u-turns at Fifth Street and Big Basin Way.  11 49 Director Cherbone noted traffic flow in general throughout the Village may require future discussion. Council directed staff to: o Confirm with the Sheriff’s Office if u-turns are legal at Fifth Street and Big Basin Way. o Additional study by Fehr & Peers on feasibility and safety of proposed additional valet parking across from existing valet parking. PAGE/KAO MOVED TO REMOVE SECTION 4-80.150 FROM THE ORDINANCE REQUIRING THE ANNUAL REVIEW OF THE VALET SERVICE. MOTION PASSED 5-0. 15. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND COMMUNITY GRANT PROGRAM PROCEDURES STAFF RECOMMENDATION: Provide direction to staff as to whether the City should: 1. Maintain the existing CDBG procedures or elect to have a study session prior to the formal meeting. 2. Modify the existing CDBG application form used by applicants for City CDBG funding. 3. Have the Community Grant Program follow a parallel process consistent with the CDBG program application, noticing, and meeting schedule. 4. Allow the CDBG applications to take priority over the Community Grant Programs. Community Development Director John Livingstone presented staff report. There was Council discussion regarding the Community Development Block Grant (CDBG) funding and the Community Grant Program procedures. Councilmember Hunter stated she would like the Saratoga charity projects to receive priority versus the general County projects. Director Livingstone noted that Santa Clara County is looking at one standardized form for all the standard non-profit projects and each city would have their individual section with their questions pertaining specifically to their city. Councilmember Kao asked if some of the questions that are on the CDBG form could be included in the Saratoga Community Grant Program form since many of those questions are asked by Saratoga Council during the application funding process. Director Livingstone responded that Attachment A is the current application summary and Attachment B, which includes the questions Councilmember Kao was referring to, is the proposed application summary to be used for CDBG funding.  12 50 Vice Mayor Page stated he would like to have the wording on Number 9 of the proposed form to say “project” rather than “organization”. In addition, he disagrees with Councilmember Hunter’s suggestion regarding priority given to Saratoga charity projects because that language could eliminate projects that would actually be serving Saratoga residents. Mayor Waltonsmith stated she would like the total numbers of people served by the specific organization and the percentage of Saratogans served in that project. In addition, she noted question Number 14 – “total leveraging of money donated”; we need to know if there will be matching funds. Councilmember King added if there are matching funds and who would be providing those funds. In addition, she noted it would be important to add to the form what the organization’s mission statement is and if they can continue to survive another year. She also suggested that many grants specify how much you can write as well as leaving a space at the end where you can include additional information and to limit it to one page. Mayor Waltonsmith invited public comment. Susan Huff, Director of Saratoga Area Senior Center Council (SASCC), commented on the Recommended Actions and stated: o Agrees with number 1 – Study Sessions are important; the number of organizations seeking funds is increasing and available funds are decreasing. o More people should review the grant. o Notify the presenters of additional information needed; this could then help streamline the grant process. o Notify presenters if more information is needed; to help streamline the process. o Question number 14 is confusing – not really sure what they are looking for in this question. Mayor Waltonsmith closed the public comment. Consensus of Council: Vice Mayor Page – supports a Study Session. Councilmember King – supports a Study Session as well as having something on the City website where organizations can sign up requesting notification when CDBG and Community Grant funding is scheduled. She also stated she was uncomfortable with question number 12 and suggested removing it. Councilmember Hunter – suggested revising question number 12 to say “How necessary are these funds to your project that affects your Saratoga residents?” Councilmember Kao – supports a Study Session and suggested saying “total numbers and percentage of Saratoga residents served” rather than number of Saratoga residents. She also suggested for question number 14 – include the question “are there matching funds”.  13 51 Mayor Waltonsmith – supports Study Session and re-wording of question number 14 regarding matching funds. KAO/PAGE MOVED TO 1) SCHEDULE A STUDY SESSION PRIOR TO THE FORMAL MEETING; 2) MODIFY THE EXISTING CDBG APPLICATION FORMUSED BY APPLICANTS FOR CITY CDBG FUNDING; 3) HAVE THE COMMUNITY GRANT PROGRAM FOLLOW A PARALLEL PROCESS CONSISTENT WITH THE CDBG PROGRAM APPLICATION, NOTICING, AND MEETING SCHEDULE. MOTION PASSED 5-0. 16. REVIEW THE POSSIBLE FORMATION OF A CH-2 DISTRICT REVIEW COMMITTEE STAFF RECOMMENDATION: Review report and direct Staff accordingly on the following: 1. Type of committee (Ad Hoc, Advisory, or Commission) 2. Confirm participants Community Development Director John Livingstone presented staff report. Director Livingstone noted that at the May 13, 2008 joint meeting with the City Council and the Planning Commission, residents voiced concerns regarding the zoning differences between CH-1 and CH-2 in the Village. At that meeting both Council Members and Planning Commissioners expressed an interest in forming a committee to investigate the issues related to the two zoning districts. Director Livingstone provided Council with several options available for structuring a committee or a commission to review zoning issues in District CH-2. Mayor Waltonsmith invited public comment. Gene Zambetti stated he would like to see an Adhoc Committee formed as soon as possible regarding the CH-2 zoning district. Mayor Waltonsmith closed the public comment. There was Council discussion and Vice Mayor Page noted the mission of the CH-2 Councilmember/Planning Commission Advisory Committee was to: o Ascertain the appropriate zoning of the current CH-2 District o Insure that the existing Service and Retail establishments can be successful o Insure that the residences and the residents are appropriately protected o Provide a workable option Mayor Waltonsmith noted that the Village doesn’t necessarily have to maintain the “Mom & Pop” businesses to be successful in that district.  14 52 Councilmember King stated that the City of Saratoga will never be a sales tax driven city and that we need to give citizens what they want, not what we think will bring in sales tax dollars and that the city needs to research what can work in the CH-2 District and make it be the best for most citizens. It may be that more housing would fit; which is what we do need to meet our housing element. As part of that committee, I don’t see that it is working as retail. Councilmember Hunter noted that there are a number of “Mom & Pops” in the Village that has been going for 37-42 years and there is a history of those types of stores that have been successful; however, based on the 1974 study of this District, it shows that this designated zoning hasn’t really worked. She noted that she was very supportive of the new committee and would like to see other Planning Commissioners and Councilmembers be involved in watching the process. Attorney Richard Taylor noted other Councilmembers and Planning Commissioners could participate as an observer; not as a participant. PAGE/KING MOVED TO CREATE A CH-2 COUNCILMEMBER/PLANNING COMMISSION ADVISORY COMMITTEE CONSISTING OF PLANNING COMMISSIONER JOYCE HLAVA AND COUNCILMEMBER KATHLEEN KING AS MEMBERS OF THE ADVISORY COMMITTEE. MOTION PASSED 5-0. 17. REVIEW THE POSSIBLE FORMATION OF A VILLAGE ECONOMIC DEVELOPMENT COMMITTEE STAFF RECOMMENDATION: Review report and direct Staff accordingly on the following: 1. Type of committee (Ad Hoc, Advisory, or Commission) 2. Participants Community Development Director John Livingstone presented staff report. There was council discussion and Vice Mayor Page recommended that the City develop a plan to enhance the viability of the Village; which could cover a number of things, such as a historical scenic area or a restaurant-friendly environment. Mayor Waltonsmith invited public comment. No one from the public spoke on this item. There was Council discussion and Vice Mayor Page noted the mission of the Village Economic Development Committee was to: o Increase the economic vitality of the Saratoga Village – including the evaluation of the Conditional Use Permits.  15 53 PAGE/ KING MOVED TO CREATE A COUNCIL-PLANNING COMMISSION ADVSIORY COMMITTEE CONSISTING OF PLANNING COMMISSIONERS SUZIE NAGPAL AND LINDA ROGERS, AND CITY COUNCIL MEMBERS CHUCK PAGE AND JILL HUNTER WITH THE MISSION OF DEVELOPING A PLAN TO INCREASE THE ECONOMIC VIABILITY OF THE SARATOGA VILLAGE; INCLUDING THE EVALUATION OF THE CONDITIONAL USE PERMIT STUDY. MOTION PASSED 5-0. Councilmember Hunter stated she would like one meeting devoted to viewing the plans that were developed in 1974. Vice Mayor Page agreed and stated that would be the agenda item for the first meeting of the Village Economic Advisory Committee. 18. CITY COUNCIL MEETING TIME LIMITS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Assistant City Manager Barbara Powell presented staff report. Council suggestions to shorten the length of council meetings: o Limit the number of proclamations on an agenda o Agendize proclamations on shorter agendas o Limit the amount of time given for special presentations Councilmember King asked if there were any legal concerns regarding the date the meeting was posted to occur and the meeting goes into the next day. City Attorney stated that once you start the meeting on the day it was posted to begin, Council can go on with that meeting – even into the next day – until they adjourn the meeting. Councilmember Hunter asked if staff had received complaints from citizens regarding how late the meeting went and that they didn’t have an opportunity to participate in the meeting. Staff noted they had not received complaints of that nature. After continued discussion, Council made no recommendations to change the current council meeting procedures.  16 54 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith – Hakone Foundation Executive Committee – reported Hakone has mutual water system problems. Highway 9 Safety AdHoc – reported Carl Guardino had good news regarding the California Transportation Commission. He noted they would be meeting in a week and the agenda included a consent item regarding the $460,000 in the 1990 Proposition 116 Funds. Vice Mayor Chuck Page – reported he will be attending the Airport Land Use Committee meeting in lieu of Aileen Kao on Wednesday, June 18, 2008. Page also asked that staff agendize: o Solid Waste JPA – Resolution appointing a second Alternate. Councilmember Kathleen King – Peninsula Division League of California Cities – reported that the LCC Peninsula Division dinner was scheduled for the next evening and that the sponsors of the Annual Bocce Ball event would be acknowledged at that dinner/meeting and that she would be attending along with Vice Mayor Chuck Page and City Manager Dave Anderson. Santa Clara County Cities Association – reported: o The cities of San Jose and Palo Alto are working together to ban the use of plastic bags at grocery stores. o The SCC Cities Association had passed a resolution asking that each city represented at the meeting go back to their perspective city and agendize the ban of plastic bags. She noted the City of San Jose has a generic staff report that can be utilized by the participating cities. o The Silicon Valley Leadership Group was present to speak about the “Turkey Trot” competition. o Santa Clara County just passed the requirement mandating restaurants that have a minimum of 14 outlets in the State of California must state the entrée caloric content, and in October the Cities Association will consider this action with the individual cities. Councilmember Jill Hunter – KSAR – reported that she attended the last meeting: o The newly hired employee was in attendance. o KSAR’s Bulletin Board has been updated – including pictures from Saratoga High School. o Bi-Weekly advertisements in the Saratoga News with advertisements that would be of interest to the public. Chamber of Commerce – reported that she attended the last meeting in lieu of Vice Mayor Chuck Page and that any questions they had regarding the Buxton Report were addressed by Scott Anderson. Councilmember Aileen Kao – Northern Central Flood Control Zone Advisory Board – reported that she attended the community meeting organized by the Santa Clara County Valley Water District regarding the  17 55  18 Calabazas Creek Flood Protection Project. Staff recommendation was to do the Swell and Culvert Replacement and the UPR Bridge Replacement. West Valley Solid Waste Joint Powers Association – reported that she attended this meeting on behalf of Vice Mayor Chuck Page and that the Association agreed to agendize 12 families to connect to public sewer on the next scheduled meeting. CITY COUNCIL ITEMS Councilmember King – agendize the ban of plastic bags on future Council meeting. Vice Mayor Page – agendize resolution regarding Primary and Alternate council members to Solid Waste JPA. CITY MANAGER’S REPORT None ADJOURNMENT PAGE/KAO MOVED TO ADJOURN THE REGULAR MEETING AT10:50P.M. ON JUNE 18, 2008. MOTION PASSED 5 – 0. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 56 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Finance & Admin. Services Director SUBJECT: Treasurer’s Report for the Month Ended January 31, 2008 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended January 31, 2008. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of January 31, 2008, the City had $230,378 in cash deposit at Comerica bank, $15,686,771 on deposit with LAIF (included Library GO Bonds), and $1,244 in cash with fiscal agents for the Public Financing Authority Bond account and the Library GO Bond. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of January 31, 2008 is $15,918,393 and exceeds the minimum limit required. 57 Treasurer’s Report for the Month Ended January 31, 2008 … (contd.) MONTHLY EFFECTIVE YIELD (MEY) LAIF has forecasted a rise in long term interest rates. In line with its forecast, LAIF has increased the holding term of its investments from 183 (2007) to 197 (2008) days an increase of 14 days. Cash Summary Unrestricted Cash Comerica Bank 230,378$ Deposit with LAIF 15,686,771$ 15,917,149$ Restricted Cash Fiscal Agents 1,244$ 1,244$ Total 15,918,393$ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 58 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at January 31, 2008 General General Fund 2,402,295$ Reserved Fund Balance Petty Cash Reserve 1,300$ Retiree Medical Reserve 62,500$ Designated Reserves: Designated for Economic Uncertainty 1,500,000$ Designated for Operations 2,688,037$ Designated for Carryforwards 253,875$ Designated for Grants 80,000$ Designated for CIP - Radar Signs 47,000$ Designated for Special Project Reserve 450,000$ Special Revenue Landscape and Lighting 421,290$ Development Services 1,997,401$ Enviromental Programs 710,667$ Development Fees 118,923$ SHARP loan 100,873$ Capital Project Park Development Fund 28,507$ Library Expansion Capital Project Fund 688,310$ Street Projects 1,502,789$ Park and Trail Projects 1,560,256$ Facility Improvement Projects 367,969$ Adminstrative Projects 164,066$ Debt Service Library Bond 332,806$ Internal Service Equipment Replacement 92,575$ IT Replacement 307,638$ Facility Improvement 22,251$ Equipment Maintenance (2,323)$ Information Technology Services 375$ Office Stores Fund 8,023$ Liability/Risk Management (3,417)$ Workers Compensation (24,122)$ Trust/Agency Leonard Road 1,395$ Public Financing Authority 1,244$ KSAR - Community Access TV 35,889$ Total City 15,918,393$ 59 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at January 31, 2008. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Dec Revenues Expenditures Transfers Fund Balance 01/31/08 General Undesignated Unreserved Balance 1,928,665 (1,826,553) 3,565,770 326,500 3,341,382 Reserved Fund Balance:- Petty Cash Reserve 1,300 - - - 1,300 Retiree Medical Reserve 62,500 - - - 62,500 Designated Fund Balances:- Designated Economic Uncertainty 1,500,000 - - - 1,500,000 Designated for Operations 2,688,036 - - - 2,688,036 Designated for Grants 80,000 - - - 80,000 Designated for CIP Radar Signs 47,000 - - - 47,000 Designated for Special Projects 450,000 - - - 450,000 Designated for Claims 38,695 38,695 Designated for Development 1,355,080 - - - 1,355,080 Designated for Environmental 710,668 - - - 710,668 Special Revenue Landscape/Lighting 316,077 (46,628) 175,392 23,550 421,290 SHARP Loan 89,588 10,174 1,111 - 100,873 Capital Project Park Development 209,087 (180,580) - - 28,507 Library Expansion 684,553 3,585 - - 688,138 Street Projects 2,027,787 (707,489) 387,242 26,714 - 1,680,825 Park and Trails 1,298,728 281,854 33,624 20,327 - 1,593,880 Facility Improvements 441,991 (49,682) - 24,342 - 367,967 Adminstrative Projects - 164,381 - 316 - 164,065 Debt Service Library Bond 746,556 (639,345) 581,288 355,860 332,640 Internal Service Fund Equipment Replacement 8,572 84,002 - - 92,574 Technology Replacement 352,280 (44,642) - - 307,638 Building Maintenance (15,617) 66,107 - 58,313 (7,824) Equipment Maintenance - 18,899 - 21,222 (2,323) Information Technology Services - 21,268 - 20,402 865 Stores Fund - 15,395 - 7,372 8,023 Liability/Risk Management - 13,850 - 17,268 (3,417) Workers Compensation - 20,392 - 44,515 (24,122) Total City 15,021,546 (2,795,011) 4,744,427 946,701 - 16,024,260 60 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at January 31, 2008 Street Projects Traffic Safety 28,577 Highway 9 Safety Project 58,960 Annual Street Resurfacing Project (33,567) Sidewalks Yearly Project 98,980 Saratoga Sunnyale Road Resurfacing 36,755 Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road Bridge Replacement 9,730 Quito Road Bridge Construction 113,859 Village Newsrack Enclosur (1,849) Village Façade Program (570) Solar Power Radar Feedback Signs 50,550 El Quito Area Curb Replacement 96,183 Sobey Road Culvert Repair 150,000 Median Repairs(Landscape/Irrig.)2,638 Village Improvements 50,000 Village Trees & Lights at Sidestreets 31,965 Cox Ave Railroad Crossing Upgrade (25,956) Prospect Road Median 40,816 City Entrance Sign/Monument 13,467 Village-Streetscape Impv (Sidewalk, Curbs)706,727 Saratoga-Sunnyvale/Gateway (15,383) Saratoga-Sunnyvale ADA Curb Ramps (2,130) Storm Drain @ El Camino / Mt Vista 85,321 Saratoga-Sunnyvale/Gateway Sidewalk 72,607 Total Street Projects 1,502,789$ Parks & Trails Beauchamp Park Fund 13,362 Wildwood Park - Water Feature/Seating 7,199 Historical Park Landscape 37,200 Citywide Tree Replanting 91,200 Hakone Garden D/W 162,829 Carnelian Glen Footbridge (2,903) DeAnza Trail (64,986) Kevin Moran Improvements 1,086,069 West Valley Soccer Field 143,370 Park/Trail Repairs 22,844 Heritage Orchard Path 25,000 Trail Segment #3 Repair 9,912 Teerlink Ranch Trail 22,242 San Marcos OP Space Trail 981 CIP Allocation Fund 5,939 Total Parks & Trails 1,560,256$ Facility Improvements Civic Center Landscape 35,538 Warner Hutton House Improvements 22,396 Facility Projects (250) Fire Alarm at McWilliams & Museum 20,387 North Campus - 19848 Prospect Road 283,636 Historical Park Fire Alarm System 6,262 Total Facility Improvements 367,969$ Administrative Projects Financial System Upgrade 70,734 Document Imaging Project 93,331 Total Administrative Projects 164,066$ Total CIP Funds 3,595,080$ 61 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Dec Revenues Expenditures Transfers Fund Balance 01/31/08 Street Projects Traffic Safety 41,355 (12,779) - - 28,577 Highway 9 Safety Project 58,960 - - - 58,960 Annual Street Resurfacing Project 438,338 (554,382) 94,389 14,413 (36,067) Sidewalks Yearly Project 108,605 (9,625) - - 98,980 Saratoga Sunnyale Road Resurfacing - 43,499 367,000 6,744 403,755 Fourth Street Bridge 100,000 - - - 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) - - - (164,891) Quito Road Bridge Replacement 9,730 - - - 9,730 Quito Road Bridge Construction - - - - - Village Newsrack Enclosur - (1,849) - 0 (1,849) Village Façade Program - - - 570 (570) Solar Power Radar Feedback Signs 15,000 35,550 - - 50,550 El Quito Area Curb Replacement 213,179 (116,995) - - 96,184 Sobey Road Culvert Repair 150,000 - - - 150,000 Storm Drain Upgrades 11,314 (11,314) - - 0 Median Repairs(Landscape/Irrig.)4,021 - - 1,383 2,638 Village Improvements 50,000 - - - 50,000 Village Trees & Lights at Sidestreets 7,000 24,965 - - 31,965 Cox Ave Railroad Crossing Upgrade 24,392 (50,348) - - (25,956) Prospect Road Median 50,000 (4,381) - 4,803 40,816 City Entrance Sign/Monument 13,467 - - - 13,467 Village-Streetscape Impv (Sidewalk, Curbs) 737,846 - - 31,119 706,727 Saratoga-Sunnyvale/Gateway 74,148 (89,531) - - (15,383) Saratoga-Sunnyvale ADA Curb Ramps - (2,130) - - (2,130) Storm Drain @ El Camino / Mt Vista 85,321 72,607 (74,148) (1,541) 85,321 Saratoga-Sunnyvale/Gateway Sidewalk - - - - - Total Street Projects 2,027,787 (707,489) 387,242 26,714 - 1,680,825 Parks & Trails Beauchamp Park Fund - 13,362 - - 13,362 Wildwood Park - Water Feature/Seating - 7,935 - 737 7,199 Historical Park Landscape - 37,200 - - 37,200 Citywide Tree Replanting - 91,200 - - 91,200 Hakone Garden D/W 164,283 - - 1,454 162,829 Carnelian Glen Footbridge - (2,903) - - (2,903) DeAnza Trail (184,219) 120,886 - 1,653 (64,986) Kevin Moran Improvements 1,112,298 (24,836) - 1,393 1,086,069 West Valley Soccer Field 155,868 (12,499) - - 143,370 Park/Trail Repairs 44,558 (7,545) - 14,170 22,844 Heritage Orchard Path - 25,000 - - 25,000 Trail Segment #3 Repair - 10,832 - 920 9,912 Teerlink Ranch Trail - 22,242 - - 22,242 San Marcos OP Space Trail - 981 - - 981 CIP Allocation Fund 5,939 - 33,624 - 39,563 Total Parks & Trails 1,298,728 281,854 33,624 20,327 - 1,593,880 Facility Improvements Civic Center Landscape 63,703 (13,997) - 14,170 35,536 Warner Hutton House Improvements 25,000 (2,605) - - 22,395 Facility Projects - (250) - - (250) Fire Alarm at McWilliams & Museum 25,000 (4,613) - 0 20,387 North Campus - 19848 Prospect Road 322,025 (28,218) - 10,172 283,636 Historical Park Fire Alarm System 6,262 - - - 6,262 Total Facility Improvements 441,991 (49,682) - 24,342 - 367,967 Administrative Projects Financial System Upgrade - 65,835 - (4,899) 70,734 Document Imaging Project - 98,546 - 5,215 93,331 Total Administrative Projects - 164,381 - 316 - 164,065 Total CIP Funds 3,768,506 (310,936) 420,866 71,699 - 3,806,736 62 ATTACHMENT E 63 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Finance & Admin. Services Director SUBJECT: Treasurer’s Report for the Month Ended February 29, 2008 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended February 29, 2008. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of February 29, 2008, the City had $127,334 in cash deposit at Comerica bank, $14,651,771 on deposit with LAIF (included Library GO Bonds), and $1,244 in cash with fiscal agents for the Public Financing Authority Bond account and the Library GO Bond. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of February 29, 2008 is $14,780,349 and exceeds the minimum limit required. 64 Treasurer’s Report for the Month Ended February 29, 2008 … (contd.) MONTHLY EFFECTIVE YIELD (MEY) LAIF has forecasted rise in long term interest rates. In line with its forecast it has increased the holding term of its investments from 184 (2007) to 215 (2008) days an increase of 31 days. Cash Summary Unrestricted Cash Comerica Bank 127,334$ Deposit with LAIF 14,651,771$ 14,779,105$ Restricted Cash Fiscal Agents 1,244$ 1,244$ Total 14,780,349$ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 65 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at February 29, 2008 General General Fund 1,807,455$ Reserved Fund Balance Petty Cash Reserve 1,300$ Retiree Medical Reserve 62,500$ Designated Reserves: Designated for Economic Uncertainty 1,500,000$ Designated for Operations 2,688,037$ Designated for Carryforwards 253,875$ Designated for Grants 80,000$ Designated for CIP - Radar Signs 47,000$ Designated for Special Project Reserve 450,000$ Special Revenue Landscape and Lighting 408,257$ Development Services 1,997,401$ Enviromental Programs 710,667$ Development Fees 118,923$ SHARP loan 101,984$ Capital Project Park Development Fund 28,507$ Library Expansion Capital Project Fund 693,310$ Street Projects 1,042,033$ Park and Trail Projects 1,566,315$ Facility Improvement Projects 360,150$ Adminstrative Projects 163,683$ Debt Service Library Bond 336,178$ Internal Service Equipment Replacement 92,575$ IT Replacement 307,638$ Facility Improvement (19,603)$ Equipment Maintenance (14,997)$ Information Technology Services (16,251)$ Office Stores Fund 4,468$ Liability/Risk Management (5,641)$ Workers Compensation (24,718)$ Trust/Agency Leonard Road 1,395$ Public Financing Authority 1,244$ KSAR - Community Access TV 36,664$ Total City 14,780,349$ 66 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at February 29, 2008. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Jan Revenues Expenditures Transfers Fund Balance 02/29/08 General Undesignated Unreserved Balance 1,928,665 458,745 762,599 1,297,043 1,852,966 Reserved Fund Balance:- Petty Cash Reserve 1,300 - - - 1,300 Retiree Medical Reserve 62,500 - - - 62,500 Designated Fund Balances:- Designated Economic Uncertainty 1,500,000 - - - 1,500,000 Designated for Operations 2,688,036 - - - 2,688,036 Designated for Grants 80,000 - - - 80,000 Designated for CIP Radar Signs 47,000 - - - 47,000 Designated for Special Projects 450,000 - - - 450,000 Designated for Claims 38,695 38,695 Designated for Development 1,355,080 - - - 1,355,080 Designated for Environmental 710,668 - - - 710,668 Special Revenue Landscape/Lighting 316,077 105,218 481 13,520 408,257 SHARP Loan 89,588 11,285 1,111 - 101,984 Capital Project Park Development 209,087 (180,580) - - 28,507 Library Expansion 684,553 3,585 - - 688,138 Street Projects 2,027,787 (346,962) (29,788) 462,298 - 1,188,739 Park and Trails 1,298,728 295,151 184,209 178,150 - 1,599,938 Facility Improvements 441,991 (74,024) (2,162) 5,657 - 360,148 Adminstrative Projects - 164,065 - 382 - 163,683 Debt Service Library Bond 746,556 (413,916) 3,372 - 336,012 Internal Service Fund Equipment Replacement 8,572 84,002 - - 92,574 Technology Replacement 352,280 (44,642) - - 307,638 Building Maintenance (15,617) 7,793 - 41,855 (49,678) Equipment Maintenance - (2,323) - 12,675 (14,997) Information Technology Services - 865 - 16,626 (15,761) Stores Fund - 8,023 - 3,555 4,468 Liability/Risk Management - (3,417) 458 2,682 (5,641) Workers Compensation - (24,122) - 596 (24,718) Total City 15,021,546 48,747 920,281 2,035,037 - 13,955,538 67 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at February 29, 2008 Street Projects Traffic Safety 28,577 Highway 9 Safety Project 58,960 Annual Street Resurfacing Project (98,295) Sidewalks Yearly Project 98,980 Saratoga Sunnyale Road Resurfacing (274,542) Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road Bridge Replacement 9,730 Quito Road Bridge Construction 113,859 Village Newsrack Enclosur (1,849) Village Façade Program (570) Solar Power Radar Feedback Signs 24,158 El Quito Area Curb Replacement 48,504 Sobey Road Culvert Repair 150,000 Median Repairs(Landscape/Irrig.)2,638 Village Improvements 50,000 Village Trees & Lights at Sidestreets 31,965 Cox Ave Railroad Crossing Upgrade (25,956) Prospect Road Median 30,551 City Entrance Sign/Monument 13,467 Village-Streetscape Impv (Sidewalk, Curbs)706,727 Saratoga-Sunnyvale/Gateway (15,383) Saratoga-Sunnyvale ADA Curb Ramps (2,525) Storm Drain @ El Camino / Mt Vista 85,321 Saratoga-Sunnyvale/Gateway Sidewalk 72,607 Total Street Projects 1,042,033$ Parks & Trails Beauchamp Park Fund 13,362 Wildwood Park - Water Feature/Seating 7,199 Historical Park Landscape 37,200 Citywide Tree Replanting 84,673 Hakone Garden D/W 162,829 Carnelian Glen Footbridge (2,903) DeAnza Trail (33,465) Kevin Moran Improvements 1,078,054 West Valley Soccer Field 132,450 Park/Trail Repairs 22,844 Heritage Orchard Path 25,000 Trail Segment #3 Repair 9,912 Teerlink Ranch Trail 22,242 San Marcos OP Space Trail 981 CIP Allocation Fund 5,939 Total Parks & Trails 1,566,315$ Facility Improvements Civic Center Landscape 30,942 Warner Hutton House Improvements 20,614 Facility Projects (250) Fire Alarm at McWilliams & Museum 20,387 North Campus - 19848 Prospect Road 282,194 Historical Park Fire Alarm System 6,262 Total Facility Improvements 360,150$ Administrative Projects Financial System Upgrade 70,734 Document Imaging Project 92,949 Total Administrative Projects 163,683$ Total CIP Funds 3,132,181$ 68 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Jan Revenues Expenditures Transfers Fund Balance 02/29/08 Street Projects Traffic Safety 41,355 (12,779) - - 28,577 Highway 9 Safety Project 58,960 - - - 58,960 Annual Street Resurfacing Project 438,338 (474,405) - 64,728 (100,795) Sidewalks Yearly Project 108,605 (9,625) - - 98,980 Saratoga Sunnyale Road Resurfacing - 403,755 (105,803) 311,297 (13,345) Fourth Street Bridge 100,000 - - - 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) - - - (164,891) Quito Road Bridge Replacement 9,730 - - - 9,730 Quito Road Bridge Construction - - 1,867 - 1,867 Village Newsrack Enclosur - (1,849) - - (1,849) Village Façade Program - (570) - - (570) Solar Power Radar Feedback Signs 15,000 35,550 - 26,392 24,158 El Quito Area Curb Replacement 213,179 (116,995) - 47,680 48,504 Sobey Road Culvert Repair 150,000 - - - 150,000 Storm Drain Upgrades 11,314 (11,314) - - 0 Median Repairs(Landscape/Irrig.)4,021 (1,383) - - 2,638 Village Improvements 50,000 - - - 50,000 Village Trees & Lights at Sidestreets 7,000 24,965 - - 31,965 Cox Ave Railroad Crossing Upgrade 24,392 (50,348) - - (25,956) Prospect Road Median 50,000 (9,184) - 10,265 30,551 City Entrance Sign/Monument 13,467 - - - 13,467 Village-Streetscape Impv (Sidewalk, Curbs) 737,846 (31,119) - - 706,727 Saratoga-Sunnyvale/Gateway 74,148 (89,531) - - (15,383) Saratoga-Sunnyvale ADA Curb Ramps - (2,130) - 395 (2,525) Storm Drain @ El Camino / Mt Vista 85,321 - - - 85,321 Saratoga-Sunnyvale/Gateway Sidewalk - - 74,148 1,541 72,607 Total Street Projects 2,027,787 (346,962) (29,788) 462,298 - 1,188,739 Parks & Trails Beauchamp Park Fund - 13,362 - - 13,362 Wildwood Park - Water Feature/Seating - 7,199 - - 7,199 Historical Park Landscape - 37,200 - - 37,200 Citywide Tree Replanting - 91,200 - 6,527 84,673 Hakone Garden D/W 164,283 (1,454) - - 162,829 Carnelian Glen Footbridge - (2,903) - - (2,903) DeAnza Trail (184,219) 119,233 184,209 152,689 (33,465) Kevin Moran Improvements 1,112,298 (26,229) - 8,014 1,078,054 West Valley Soccer Field 155,868 (12,499) - 10,920 132,450 Park/Trail Repairs 44,558 (21,715) - - 22,844 Heritage Orchard Path - 25,000 - - 25,000 Trail Segment #3 Repair - 9,912 - - 9,912 Teerlink Ranch Trail - 22,242 - - 22,242 San Marcos OP Space Trail - 981 - - 981 CIP Allocation Fund 5,939 33,624 - - 39,563 Total Parks & Trails 1,298,728 295,151 184,209 178,150 - 1,599,938 Facility Improvements Civic Center Landscape 63,703 (28,167) - 4,595 30,941 Warner Hutton House Improvements 25,000 (2,605) - 1,782 20,613 Facility Projects - (250) - - (250) Fire Alarm at McWilliams & Museum 25,000 (4,613) - - 20,387 North Campus - 19848 Prospect Road 322,025 (38,389) (2,162) (720) 282,194 Historical Park Fire Alarm System 6,262 - - - 6,262 Total Facility Improvements 441,991 (74,024) (2,162) 5,657 - 360,148 Administrative Projects Financial System Upgrade - 70,734 - - 70,734 Document Imaging Project - 93,331 - 382 92,949 Total Administrative Projects - 164,065 - 382 - 163,683 Total CIP Funds 3,768,506 38,231 152,259 646,487 - 3,312,509 69 ATTACHMENT E 70 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Finance & Admin. Services Director SUBJECT: Treasurer’s Report for the Month Ended March 31, 2008 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended March 31, 2008. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of March 31, 2008, the City had $472,158 in cash deposit at Comerica bank, $14,548,940 on deposit with LAIF (included Library GO Bonds), and $1,244 in cash with fiscal agents for the Public Financing Authority Bond account and the Library GO Bond. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of March 31, 2008 is $15,022,342 and exceeds the minimum limit required. 71 Treasurer’s Report for the Month Ended March 31, 2008 … (contd.) MONTHLY EFFECTIVE YIELD (MEY) LAIF has forecasted rise in long term interest rates. In line with its forecast it has increased the holding term of its investments from 170 (2007) to 205 (2008) days an increase of 35 days. Cash Summary Unrestricted Cash Comerica Bank 472,158$ Deposit with LAIF 14,548,940$ 15,021,098$ Restricted Cash Fiscal Agents 1,244$ 1,244$ Total 15,022,342$ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 72 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at March 31, 2008 General General Fund 1,476,799$ Reserved Fund Balance Petty Cash Reserve 1,300$ Retiree Medical Reserve 62,500$ Designated Reserves: Designated for Economic Uncertainty 1,500,000$ Designated for Operations 2,688,037$ Designated for Carryforwards 253,875$ Designated for Grants 80,000$ Designated for CIP - Radar Signs 47,000$ Designated for Special Project Reserve 450,000$ Special Revenue Landscape and Lighting 411,205$ Development Services 1,997,401$ Enviromental Programs 710,667$ Development Fees 118,923$ SHARP loan 104,161$ Capital Project Park Development Fund 28,507$ Library Expansion Capital Project Fund 697,386$ Street Projects 1,151,436$ Park and Trail Projects 1,540,336$ Facility Improvement Projects 417,117$ Adminstrative Projects 164,146$ Debt Service Library Bond 342,081$ Internal Service Equipment Replacement 132,359$ IT Replacement 320,664$ Facility Improvement 99,970$ Equipment Maintenance 20,213$ Information Technology Services 52,756$ Office Stores Fund 16,848$ Liability/Risk Management 60,633$ Workers Compensation 36,338$ Trust/Agency Leonard Road 1,395$ Public Financing Authority 1,244$ KSAR - Community Access TV 37,044$ Total City 15,022,342$ 73 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at March 31, 2008. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Feb Revenues Expenditures Transfers Fund Balance 03/31/08 General Undesignated Unreserved Balance 1,928,665 (75,671) 1,221,279 1,503,838 1,570,435 Reserved Fund Balance:- Petty Cash Reserve 1,300 - - - 1,300 Retiree Medical Reserve 62,500 - - - 62,500 Designated Fund Balances:- Designated Economic Uncertainty 1,500,000 - - - 1,500,000 Designated for Operations 2,688,036 - - - 2,688,036 Designated for Grants 80,000 - - - 80,000 Designated for CIP Radar Signs 47,000 - - - 47,000 Designated for Special Projects 450,000 - - - 450,000 Designated for Claims 38,695 38,695 Designated for Development 1,355,080 - - - 1,355,080 Designated for Environmental 710,668 - - - 710,668 Special Revenue Landscape/Lighting 316,077 92,184 16,723 13,777 411,205 SHARP Loan 89,588 12,396 2,177 - 104,161 Capital Project Park Development 209,087 (180,580) - - 28,507 Library Expansion 684,553 3,585 4,076 - 692,214 Street Projects 2,027,787 (839,047) 45,954 199,615 - 1,035,079 Park and Trails 1,298,728 301,210 - 29,663 - 1,570,275 Facility Improvements 441,991 (81,843) 149,000 92,033 - 417,115 Adminstrative Projects - 163,683 (0) 988 - 162,695 Debt Service Library Bond 746,556 (410,544) 5,903 - 341,915 Internal Service Fund Equipment Replacement 8,572 84,002 50,000 10,216 132,358 Technology Replacement 352,280 (44,642) 13,026 - 320,664 Building Maintenance (15,617) (34,061) 178,463 58,925 69,860 Equipment Maintenance - (14,997) 49,310 14,100 20,213 Information Technology Services - (15,761) 92,452 23,445 53,246 Stores Fund - 4,468 16,250 3,871 16,848 Liability/Risk Management - (5,641) 72,159 5,885 60,633 Workers Compensation - (24,718) 61,750 694 36,338 Total City 15,021,546 (1,065,977) 1,978,521 1,957,049 - 13,977,041 74 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at March 31, 2008 Street Projects Traffic Safety 26,217 Highway 9 Safety Project 58,960 Annual Street Resurfacing Project (142,033) Sidewalks Yearly Project 98,980 Saratoga Sunnyale Road Resurfacing (70,953) Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road Bridge Replacement 9,730 Quito Road Bridge Construction 115,726 Village Newsrack Enclosur (1,849) Village Façade Program (570) Solar Power Radar Feedback Signs 9,964 El Quito Area Curb Replacement 18,195 Sobey Road Culvert Repair 150,000 Median Repairs(Landscape/Irrig.)2,638 Village Improvements 50,000 Village Trees & Lights at Sidestreets 31,965 Cox Ave Railroad Crossing Upgrade (25,956) Prospect Road Median 25,099 City Entrance Sign/Monument 13,467 Village-Streetscape Impv (Sidewalk, Curbs)706,727 Saratoga-Sunnyvale/Gateway (15,383) Saratoga-Sunnyvale ADA Curb Ramps (2,525) Storm Drain @ El Camino / Mt Vista 85,321 Saratoga-Sunnyvale/Gateway Sidewalk 72,607 Total Street Projects 1,151,436$ Parks & Trails EL Quito Park Improvement (3,684) Beauchamp Park Fund 13,362 Wildwood Park - Water Feature/Seating 7,199 Historical Park Landscape 37,200 Citywide Tree Replanting 68,346 Hakone Garden D/W 162,829 Carnelian Glen Footbridge (2,903) DeAnza Trail (33,517) Kevin Moran Improvements 1,069,148 West Valley Soccer Field 132,450 Park/Trail Repairs 22,150 Heritage Orchard Path 25,000 Trail Segment #3 Repair 9,912 Teerlink Ranch Trail 22,242 San Marcos OP Space Trail 981 CIP Allocation Fund 5,939 Total Parks & Trails 1,540,336$ Facility Improvements Civic Center Landscape 30,336 Warner Hutton House Improvements 18,217 Facility Projects (4,485) Fire Alarm at McWilliams & Museum 18,088 North Campus - 19848 Prospect Road 348,697 Historical Park Fire Alarm System 6,262 Total Facility Improvements 417,117$ Administrative Projects Financial System Upgrade 69,964 Document Imaging Project 94,181 Total Administrative Projects 164,146$ Total CIP Funds 3,273,035$ 75 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Feb Revenues Expenditures Transfers Fund Balance 03/31/08 Street Projects Traffic Safety 41,355 (12,779) - 2,360 26,217 Highway 9 Safety Project 58,960 - - - 58,960 Annual Street Resurfacing Project 438,338 (539,133) 45,954 89,692 (144,533) Sidewalks Yearly Project 108,605 (9,625) - - 98,980 Saratoga Sunnyale Road Resurfacing - (13,345) - 57,608 (70,953) Fourth Street Bridge 100,000 - - - 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) - - - (164,891) Quito Road Bridge Replacement 9,730 - - - 9,730 Quito Road Bridge Construction - 1,867 - - 1,867 Village Newsrack Enclosur - (1,849) - - (1,849) Village Façade Program - (570) - - (570) Solar Power Radar Feedback Signs 15,000 9,158 - 14,194 9,964 El Quito Area Curb Replacement 213,179 (164,675) - 30,308 18,196 Sobey Road Culvert Repair 150,000 - - - 150,000 Storm Drain Upgrades 11,314 (11,314) - - 0 Median Repairs(Landscape/Irrig.)4,021 (1,383) - - 2,638 Village Improvements 50,000 - - - 50,000 Village Trees & Lights at Sidestreets 7,000 24,965 - - 31,965 Cox Ave Railroad Crossing Upgrade 24,392 (50,348) - - (25,956) Prospect Road Median 50,000 (19,449) - 5,453 25,099 City Entrance Sign/Monument 13,467 - - - 13,467 Village-Streetscape Impv (Sidewalk, Curbs) 737,846 (31,119) - - 706,727 Saratoga-Sunnyvale/Gateway 74,148 (89,531) - - (15,383) Saratoga-Sunnyvale ADA Curb Ramps - (2,525) - - (2,525) Storm Drain @ El Camino / Mt Vista 85,321 - - - 85,321 Saratoga-Sunnyvale/Gateway Sidewalk - 72,607 - - 72,607 Total Street Projects 2,027,787 (839,047) 45,954 199,615 - 1,035,079 Parks & Trails EL Quito Park Improvement - - - 3,684 (3,684) Beauchamp Park Fund - 13,362 - - 13,362 Wildwood Park - Water Feature/Seating - 7,199 - - 7,199 Historical Park Landscape - 37,200 - - 37,200 Citywide Tree Replanting - 84,673 - 16,327 68,346 Hakone Garden D/W 164,283 (1,454) - - 162,829 Carnelian Glen Footbridge - (2,903) - - (2,903) DeAnza Trail (184,219) 150,753 - 52 (33,517) Kevin Moran Improvements 1,112,298 (34,244) - 8,907 1,069,148 West Valley Soccer Field 155,868 (23,419) - - 132,450 Park/Trail Repairs 44,558 (21,715) - 694 22,150 Heritage Orchard Path - 25,000 - - 25,000 Trail Segment #3 Repair - 9,912 - - 9,912 Teerlink Ranch Trail - 22,242 - (0) 22,242 San Marcos OP Space Trail - 981 - - 981 CIP Allocation Fund 5,939 33,624 - - 39,563 Total Parks & Trails 1,298,728 301,210 - 29,663 - 1,570,275 Facility Improvements Civic Center Landscape 63,703 (32,762) - 606 30,335 Warner Hutton House Improvements 25,000 (4,387) - 2,396 18,217 Facility Projects - (250) - 4,235 (4,485) Fire Alarm at McWilliams & Museum 25,000 (4,613) - 2,299 18,088 North Campus - 19848 Prospect Road 322,025 (39,831) 149,000 82,497 348,697 Historical Park Fire Alarm System 6,262 - - - 6,262 Total Facility Improvements 441,991 (81,843) 149,000 92,033 - 417,115 Administrative Projects Financial System Upgrade - 70,734 (0) 770 69,964 Document Imaging Project - 92,949 - 218 92,731 Total Administrative Projects - 163,683 (0) 988 - 162,695 Total CIP Funds 3,768,506 (455,996) 194,954 322,299 - 3,185,165 76 ATTACHMENT E 77 Dave Anderson Melanie Whittaker Anil Paul RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: June 12, 2008 June 19, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 06/12/08 108044 108113 70 $196,589.52 06/12/08 06/05/08 108043 06/19/08 108114 108156 43 $292,001.05 06/05/08 06/12/08 108113 Total $488,590.57 AP Date Check No. Issued to Dept.Amount 06/12/08 108056 Community Development $28,352.08 06/12/08 108064 Community Development, Public Works & Public Safety CIP $12,534.32 06/12/08 108065 CIP $28,000.00 06/12/08 108068 CIP $13,944.81 06/12/08 108095 Various $13,533.44 06/12/08 108101 Various $23,846.58 06/19/08 108117 General Government Services $20,000.00 06/19/08 108137 CIP $17,605.62 06/19/08 108141 Various $13,835.05 06/19/08 108156 CIP $195,416.98 SARATOGA CITY COUNCIL MEETING DATE:July 2, 2008 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: PREPARED BY:ACCOUNTING SUPERVISOR: SUBJECT: Review of Accounts Payable Check Registers. Type of Checks Date Starting Check No. Ending Check No.Total Checks Amount Checks Released Prior Check Register Accounts Payable Accounts Payable The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: Fund Purpose City of San Jose General Animal Control Monthly Services Fehr & Peers General, HWY 9 Safety Cox Ave Lot Split, Traffic Eng Svc & HWY9 Phase 1 Ferma Corporation Alternate Soccer Field Site Grading - WV College George Bianchi Construction WV College Wall & Village Sidewalk ConcreteVarious San Jose Water Company Various Monthly Water Services Shute Mihaly Various Legal Services - Monthly Buxton Company General Retail Site Assesment MPA Design Kevin Moran Kevin Moran Park Services Pacific Gas & Electric Various Monthly Gas & Electric Service CRW Industries N Campus Construction Services North Campus 78 The following is a list of Accounts Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 6/12/2008 108044 Coaching Event $108.00 6/12/2008107958 (867.08) 6/19/2008 108112CRW Industries (195,416.98) The following is a list of cash reduction by fund: Fund #AP 6/12 AP 6/19 Total 001 General 111,122.16 50,324.31 161,446.47 201 Manor Drive Landscape - 202 Ferdericksburg Landscape 33.43 33.43 203 Greenbriar Landscape 199.38 199.38 204 Quito Lighting 1,071.40 1,071.40 205 Azule Lighting 232.77 232.77 206 Sarahills Lighting 253.31 253.31 207 Village Lighting 687.65 687.65 209 McCartysville Landscape 342.85 342.85 210 Tricia Woods Landscape 61.57 61.57 211 Arroyo de Saratoga Landscape 155.70 155.70 212 Leutar Court Landscape 50.13 50.13 215 Bonnet Way Landscape 274.44 274.44 216 Beauchamps Landscape 41.04 41.04 217 Sunland Park Landscape - 222 Prides Crossing Landscape 320.38 320.38 224 Village Commercial Landscape 1,768.80 1,768.80 225 Saratoga Legends Landscape - 226 Bellgrove Landscape 3,958.13 3,958.13 227 Cunningham/Glasgow Landscp 180.52 180.52 228 Kerwin Ranch Landscape - 229 Tollgate LLD 23.89 23.89 231 Horseshoe Landscape/Lighting 9.46 9.46 232 Gateway Landscape 119.03 612.28 731.31 233 Carnelian Glen - 270 CDBG Administration - 271 Saratoga Housing & Rehab.Prg.- 320 Library Expansion Cap Prg.- 400 Library Bond Debt Service 795.00 795.00 501 Equipment Replacement ISF - 502 Information Technology 389.69 389.69 503 Facility Improvement 4,356.19 8,700.23 13,056.42 504 Facilities 747.34 1,769.86 2,517.20 505 Information Technology 5,454.74 5,454.74 506 Office Stores Fund 762.26 762.26 510 Liability/Risk Mgt 529.81 529.81 511 Workers' Comp - 701 Traffic Safety - 702 Highway 9 Safety 3,500.00 3,500.00 704 7,928.75 7,928.75 706 Sidewalk Annual Project - Description Interstate Battery void and reissued Fund Description void and reissued Annual Street Resurfacing Cities Mgrs Assoc. 79 708 - The following is a list of cash reduction by fund: (cont.) Fund #AP 6/12 AP 6/19 Total 716 Highway 9/Oak Pedestrain - 720 KSAR/CATV Agency Fund - 724 Village Newsrack Enclosures - 726 2 Solar Radar Feedbacks - 727 El Quito Area Curb Replacement - 731 Storm Drain Upgrades - 732 Median Landscape/Irrigation - 734 Civic Center Landscape 301.64 301.64 735 Village Lights (Zone 7A)- 736 Village Trees Lighting - 738 Cox Ave Railroad Crossing - 739 - 744 Village Sidewalk, Curb/Gutter 10,390.15 83.77 10,473.92 746 Saratoga-Sunnyvale Gateway - 747 - 748 El Ca Grante/Monta Vista - 749 Sara-Sun Gateway Sidewalk - 751 Financial System Upgrade - 752 406.20 406.20 755 Warner Hutton House Improv.- 760 Facility Projects 3,441.07 231.84 3,672.91 761 - 762 North Campus/19848 Prospect 195,416.98 195,416.98 766 Historical Park Fire Alarm - 778 3,106.47 3,106.47 780 - 783 - 785 - 786 - 788 - 789 - 790 5,569.80 27.24 5,597.04 791 5,375.67 17,605.62 22,981.29 792 31,554.66 45.26 31,599.92 793 - 794 8,257.70 8,257.70 795 - 796 - 797 San Marcos OP Space Trail - 196,589.52 292,001.05 488,590.57 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format Saratoga Sunnyvale PH 2 Fund Description Prospect Road Medians Sara-Sun ADA Curb Ramps Document Imaging Project Fire Alarm McWill&Book Go El Quito Park Improvement Beauchamp Park Fund Wildwood Park - Wtr/Seat Citywide Tree Replanting Hakone Garden D/W Wildwood Park Improvement Carnelian Glen Footbridge UPRR/De Anza Trail Kevin Moran Teerlink Ranch Trail Repair TOTAL Alternative Soccer Field Parks/Trails Repair Heritage Orchard Path Trail Segment #3 Repair 80 81 82 83 84 85 86 87 88 89 90 91 92 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Leo Salindong DIRECTOR: Mary Furey IT Technician Director of Finance Crystal Morrow Administrative Analyst II SUBJECT: Award of Contract – Copy Machines RECOMMENDED ACTION: Accept report and award contract to CPO for the City’s copy machines. BACKGROUND: The City of Saratoga currently has agreements with Xerox and MBA for copiers and copier maintenance that are at the end of their 60 month terms. According to the agreements approved by the City Council in 2003, the City’s contract with Xerox expired April 30, 2008 and the contract with MBA expired May 5, 2008. With the lease agreements now expired, the City is in a month to month agreement with both vendors. The City is currently leasing a Xerox DC 490ST from Xerox. This machine makes copies at 90 pages per minute and has a duty cycle of 500,000 copies per month. The City has been leasing this high capacity copier at monthly rate of $843.28 with an additional average cost of $300 per month for maintenance and consumables covered by Xerox. In addition to the Xerox DC 490ST, the City is also leasing four smaller Kyocera KM-2030s from MBA. These satellite machines are located in the Administration Department, Recreation, Public Works/Community Development Building, and Corp. Yard. The KM-2030s print 20 pages per minute and are leased at $605.60 a month for all four machines, plus an additional average of $81.98 per month for maintenance and consumable supplies. In January 2008, a committee of staff members was asked to review the City’s current lease agreements with Xerox and MBA to determine if these leases should be renewed or if it would be more beneficial to the City to establish new lease agreements. The committee, including Leo Salindong, Crystal Morrow, Kristin Borel, and Anil Paul, conducted an employee survey to determine if the existing copiers met staff needs and began researching features of new machines to see if they could save the City money and still meet staff needs. To research available features, the committee visited a number of vendors and tested copiers manufactured by Xerox, Sharp, Kyocera, Toshiba, and Konica Minolta. The committee found that new machines offered faster printing and many of the features desired by employees. Page 1 of 4 93 Furthermore, the committee learned that new copiers or multifunction devices (MFD) are commonly being used to phase out laser and inkjet printers that are expensive to use due to costly ink cartridges. The cost per page to print from an MFD is much cheaper than a printer. MFDs can be networked to employee desktops and set as the default printer, making it easier for employees to send print jobs to the MFD instead of a printer. Additionally, the cost of leasing new machines appeared to be comparable to the City’s existing agreements with Xerox and MBA. Additionally, as the City goes paperless over the next few years, placing networked MFDs with document scanning capabilities in each department will facilitate electronic document management. Consequently, a Request for Proposal (RFP) was released on March 4, 2008. In the RFP, vendors were asked to recommend lease agreements for one high speed copier and four mid-size copiers that would meet the following requirements: 1. Ability to be networked with employee desktops, to phase out use of printers that have a much higher cost per print than copiers 2. Color scanning 3. Controlled color copying and printing for color copiers 4. Environmentally friendly 5. Stapling 6. Security 7. Three-hole punching for large capacity copier 8. User friendly A total of six vendors responded to the RFP, including Astro, CPO, KBA, Sharp, Toshiba, and Xerox. The committee reviewed the proposals and determined that the submittal from best met the requirements stated in the RFP at the best price. CPO’s proposal calls for replacing the large Xerox DC 490ST (current) with a Sharp MX-950 (proposed) and the mid-sized KM-2030s (current) with Sharp 3501Xs (proposed). The committee is recommending approval of the proposed contract with CPO for the following reasons: 1. The monthly cost of the lease and maintenance is approximately $35.00 less than the existing contract 2. Both Sharp MX-950 (proposed) and Sharp 3501X (proposed) are faster than existing machines a. Sharp MX-950 (proposed large copier)—95 pages per minute (ppm) b. Sharp 3501X (proposed mid-size copier)—35 ppm c. Xerox DC 490ST (current large copier)—90 ppm d. Kyocera KM-2030 (current mid-size copiers)—20 ppm 3. Proposed copiers include color scanners that can scan both sides of a sheet of paper, which will help the City more efficiently transition to paperless records 4. Sharp MX-950 (proposed large capacity copier) includes finisher that staples, makes booklets, and three-hole punches print jobs 5. Sharp 3501X (proposed mid-size copier) models include staple finisher 6. All proposed copiers will be networked to employee desktops to increase use of copiers and ultimately phase out use of printers 7. All mid-size machines include fax to lower or eliminate cost of toner for fax machines Page 2 of 4 94 8. Low cost color capacity on mid-size machines 9. Options to control color copying and printing to prevent overuse 10. High monthly duty cycles on all five copiers 11. High service standards—service within two to four hours on average 12. $1 buyout option at end of lease 13. Extensive training for staff at no additional cost 14. Proposed machines are easy to use and feature the same interface to allow employees to easily learn to use all new copiers 15. Copiers have power saving features that minimize energy use when inactive This recommendation was presented by staff at the May 2008 Finance Committee meeting, where staff was directed to ask vendors for a second proposal for five mid-size machines, instead of one large capacity copier and four mid-size departmental copiers. The second proposal options were presented at a Finance Committee meeting held on June 25, 2008. As with the first proposal, staff felt CPO offered the proposal with the most features and at the best price. This second proposal from CPO included five Sharp 450Ins (proposed). These copiers have an output of 45 pages per minute and would be equipped with a finisher that can staple, make booklets, and three-hole punch. This proposal would cost $65.05 more than the initial proposal and $27.45 more than the current copier expenses. Additionally, staff has indicated that there is a need for a large capacity copier than can quickly process print jobs. Consequently, the Finance Committee recommended moving forward with the first proposal that offers faster, more efficient machines that will be cheaper for the City to lease than the current copiers or the second proposal. FISCAL IMPACTS: Based on a monthly average of 58,500 copies per month, the City’s new monthly rate for all five copiers will be $1793.25. This includes all service and consumables (excluding staples and paper). The City currently pays a total of $1830.86 for its lease agreements with Xerox and MBA. CPO will also cover the cost of packaging and shipping the four Kyocera KM-2030s (current mid-size copier) to the leasing company. This cost is estimated to be a total of $1600-2000 for all four copiers. Staff anticipates that selecting the first proposal from CPO will also save printing expenses as the City phases out printers, which have a high cost per page. Additionally, the faster higher quality scanners in the MFDs proposed by CPO will allow the City to more rapidly and efficiently transition to paperless records. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City would continue using the current machines, which are slower and have fewer features, at a slightly higher monthly cost. ALTERNATIVE ACTION(S): Page 3 of 4 95 Page 4 of 4 During the May 15, 2008 Finance Committee Meeting, Committee Members Ann Waltonsmith and Chuck Page directed staff to ask the respondents to submit a second proposal for five mid- size machines instead of one large copier and four mid-size machines. Staff felt that CPO’s response met the requirements stated in the RFP at the best price. CPO’s proposal includes five Sharp 4501N (proposed) copiers equipped with finishers that staple, make booklets, and three-hole punch print jobs. The machines make copies at 45 pages per minute. The monthly cost for the leasing the machines and maintenance would be $1,858.30, which is $27.45 more than the initial proposal submitted by CPO for one large and four mid-size copiers. This second option is more expensive due to increased maintenance expenses. Additionally, staff has indicated that there is a need for a large copier with the capacity to print at a speed and volume that is comparable to the Xerox DC 490ST (current large capacity copier). FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Matrix of cost and options of existing lease and proposal options 96 Cu r r e n t C o s t s Xe r o x L e a s e $ 8 4 3 . 2 8 c o p y s p e e d 9 0 p a g e s p e r m i n u t e c o p y s p e e d 2 0 p a g e s p e r m i n u t e Xe r o x M a i n t e n a n c e $ 3 0 0 . 0 0 s c a n s p e e d 9 0 i m a g e s p e r m i n u t e s c a n s p e e d n / a Ky o c e r a L e a s e ( 4 x @ $ 1 5 1 . 4 0 / e a c h ) $ 6 0 5 . 5 9 M o n t h l y d u t y c y c l e 4 0 0 , 0 0 0 i m p r e s s i o n s M o n t h l y d u t y c y c l e 6 0 , 0 0 0 i m p r e s s i o n s Ky o c e r a M a i n t e n a n c e $8 1 . 9 8 TO T A L $ 1 , 8 3 0 . 8 5 Pr o p o s e d C o s t s - O p t i o n 1 Sh a r p 3 5 0 1 s p e c s Sh a r p M X - 9 5 0 $ 5 6 5 . 0 0 c o p y s p e e d 9 5 p a g e s p e r m i n u t e c o p y s p e e d 3 5 p a g e s p e r m i n u t e Sh a r p 3 5 0 1 ( 4 @ $ 2 1 2 / e a c h ) $ 8 4 8 . 0 0 s c a n s p e e d 1 2 0 i m a g e s p e r m i n u t e s c a n s p e e d 6 0 i m a g e s p e r m i n u t e Ma i n t e n a n c e ( 5 8 , 5 0 0 @ $ 0 . 0 0 6 5 ) $3 8 0 . 2 5 Mo n t h l y d u t y c y c l e 5 0 0 , 0 0 0 i m p r e s s i o n s Mo n t h l y d u t y c y c l e 1 5 0 , 0 0 0 i m p r e s s i o n s TO T A L $ 1 , 7 9 3 . 2 5 MO N T H L Y S A V I N G S $ 3 7 . 6 0 B R E A K D O W N B R E A K D O W N Ba s e U n i t $ 3 7 0 . 0 0 B a s e U n i t $ 1 8 0 . 0 0 4, 5 0 0 s h e e t t r a y $ 4 8 . 0 0 S t a p l i n g F i n i s h e r $ 3 2 . 0 0 St a p l i n g F i n i s h e r $ 5 8 . 0 0 TO T A L $ 2 1 2 . 0 0 Co l o r S c a n u p g r a d e $ 1 2 . 0 0 Sa d d l e S t i t c h e r $ 5 7 . 0 0 Ho l e P u n c h U n i t $ 1 1 . 0 0 Po s t s c r i p t p r i n t i n g $ 9 . 0 0 TO T A L $ 5 6 5 . 0 0 Pr o p o s e d C o s t s - O p t i o n 2 Sh a r p 4 5 0 1 N ( 5 @ $ 2 5 7 / e a c h ) $ 1 , 2 8 5 . 0 0 c o p y s p e e d 4 5 p a g e s p e r m i n u t e Ma i n t e n a n c e ( 5 8 , 5 0 0 @ $ 0 . 0 0 9 8 ) $5 7 3 . 3 0 s c a n s p e e d 60 i m a g e s p e r m i n u t e TO T A L $ 1 , 8 5 8 . 3 0 Mo n t h l y d u t y c y c l e 1 7 5 , 0 0 0 i m p r e s s i o n s MO N T H L Y S A V I N G S ($ 2 7 . 4 5 ) BR E A K D O W N Ba s e U n i t $ 1 9 8 . 0 0 1, 0 0 0 s h e e t t r a y $ 1 3 . 0 0 St a p l i n g F i n i s h e r $ 2 1 . 0 0 Fa x K i t $ 1 6 . 0 0 Ho l e P u n c h U n i t $ 9 . 0 0 TO T A L $ 2 5 7 . 0 0 Xe r o x W C P r o 9 0 s p e c s K y o c e r a K M 2 0 3 0 s p e c s Sh a r p M X - 9 5 0 s p e c s Sh a r p 4 5 0 1 N s p e c s 97 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, DEPT HEAD: Dave Anderson Acting City Clerk SUBJECT: Resolution Amending Council Agency and Adhoc Committee Liaison Assignments RECOMMENDED ACTION(S): Adopt a resolution amending Resolution 07-076 appointing Council representatives to Committees, Agencies and Ad hoc Committees. REPORT SUMMARY: The City Council reorganized on December 4, 2007 for the following year and assignments to various agencies and ad hoc committees were adopted by Resolution No. 07-076. Councilmember Chuck Page was appointed to serve as the City’s Primary representative on the West Valley Solid Waste Joint Powers Association and Councilmember Jill Hunter was appointed as the City’s Alternate. At the June 18, 2008 Council meeting Councilmember Page requested to be removed from this Committee due to a conflict of interest resulting from a recent change in employment and asked Councilmember Jill Hunter to become the City’s Primary representative; which she agreed to do. This change has resulted in an unfilled position for an Alternate representative on this Committee. Staff asks that Council appoint an Alternate representative to the West Valley Solid Waste Joint Powers Association for the two remaining meetings on August 7 and November 6, 2008. In addition, on May 13, 2008, Council held a Joint Meeting with the City of Saratoga Planning Commission and at that meeting Council unanimously agreed to create two new committees and appointed councilmembers and planning commissioners to serve on these committees; which are: Village Economic Development Committee – Vice Mayor Page, Councilmember Jill Hunter and Planning Commissioners Suzie Nagpal and Lind Rodgers. CH-2 District Review Committee – Councilmember Kathleen King and Planning Commissioner Joyce Hlava. 98 2 of 2 The following changes to the Council Agency and Ad hoc Committee have been requested by the Mayor and are reflected in the attached resolution: Agency Councilmember Councilmember West Valley Solid Waste Joint Powers Page Hunter Hunter (New Alternate) Association Committee Councilmember Village Economic Development Committee Page & Hunter CH-2 District Review Committee King FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Council Agency and Ad hoc Committee Liaison Assignments would remain the same and no new Alternate will be added to this assignment and no new committees would be added. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Agenda. ATTACHMENTS: Proposed Resolution Amending No. 07-076 99 RESOLUTION NO. 08 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 07-076 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES, AGENCIES AND AD HOC COMMITTEES WHEREAS, the City Council reorganized on December 4, 2007 for the coming year; and WHEREAS, representatives from the City Council serve on various committees, agencies, and Ad hoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. WHEREAS, the City Council unanimously agreed to appoint as the Alternate representative to the West Valley Solid Waste Joint Powers Association. WHEREAS, the City Council created two new committees on May 13, 2008 and appointed councilmembers to serve on the following committees: Village Economic Development Committee: Vice Mayor Chuck Page and Councilmember Jill Hunter; CH-2 District Review Committee: Councilmember Kathleen King NOW, THEREFORE, BE IT RESOLVED that the following changes be made to the West Valley Solid Waste Joint Powers Association and the addition of two new committees – Village Economic Development Committee and CH-2 District Review Committee with Council representation. These changes expire December 2008, or until revised. Agency Councilmember Alternate West Valley Solid Waste Joint Powers Jill Hunter (Newly Appointed) Association Committee Councilmember Planning Commissioner Village Economic Development Committee Chuck Page & Suzie Nagpal & Jill Hunter Linda Rodgers CH- 2 District Review Committee Kathleen King Joyce Hlava The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of July 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____ Ann Waltonsmith, Mayor ATTEST: Ann Sullivan, Acting City Clerk 100 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: Administrative Service Dept. CITY MANAGER: Dave Anderson PREPARED BY: Anil Paul DIRECTOR: Mary Furey SUBJECT: Authorization for Local Agency Investment Fund (LAIF) to link the City’s Investment Fund to the City’s Payroll Bank account. RECOMMENDED ACTION: Authorize LAIF to link the City’s Investment fund to the City’s Payroll account, and for the City Manager and the Finance & Administrative Services Director to sign the Authorization for additions of Bank and/or Account number form. REPORT SUMMARY: Under the direction of the City Manager, staff manages the City’s cash balance by either depositing or withdrawing funds from the LAIF Investment Account to meet the City’s short and long term cash needs. Presently the LAIF Investment account is linked to the City’s Comerica General Checking account. The City also maintains a Payroll Checking account that is not linked to the LAIF account. Each pay period, in order to fund payroll expenses, staff transfers cash from the LAIF account to the General Checking account, followed by a transfer from General Checking account to the Payroll account. Staff recommends linking the LAIF account to the Payroll checking account so that transfers can be executed directly, improving the efficiency of cash transfers and decreasing the timing requirements for the two step process. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Staff will continue with the existing two step process to transfer funds from LAIF. ALTERNATIVE ACTION: None FOLLOW UP ACTION: Staff to complete the “Authorization for additions of bank and/or account numbers” for designated individual signature and forward to LAIF for implementation. 101 ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Resolution 102 ATTACHMENT – A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING LOCAL AGENCY INVESTMENT FUND (LAIF) TO LINK THE CITY’S LAIF AND THE PAYROLL BANK ACCOUNT AND THE CITY MANAGER, FINANCE AND ADMINISTRATIVE SERVICES DIRECTOR TO SIGN THE LAIF REQUISITE FORM WHEREAS the City Council desires to approve authorization of LAIF to link the City’s LAIF Investment fund with the Payroll account and the City Manager, Finance and Administrative Services Director to sign the requisite form NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to Authorize LAIF to link the City’s LAIF Investment Fund and the Payroll account and the City Manager, Finance and Administrative Services Director to sign the requisite form The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of July, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: _____________________________ Ann Sullivan, Acting City Clerk 103 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Upper Old Oak Way Vacation RECOMMENDED ACTION: 1. Adopt Resolution vacating a portion of Old Oak Way (Attachment 5). 2. Adopt Resolution accepting offer of dedication for Pedestrian/Equestrian Trail purposes (Attachment 6). REPORT SUMMARY: In 2001 David House approached the City to ask that the upper end of Old Oak Way be relinquished to him. State law provides that this may be accomplished by vacating the public right of way in the street. Because Mr. House owns all the land surrounding the portion of the street to be vacated, the request was considered feasible. The section of roadway to be vacated is relatively short (584 feet) and is surrounded entirely by land owned by Mr. House. (Attachment 2) The effect of the vacation would be to transform Old Oak Way from a street terminating within Mr. House’s property to one terminating at the property boundary as is typically the case. Vacation of City roadways is not a common occurrence. Usually they deal with abandoned right-of-ways that were never improved but still encumber a property. The proposal to relinquish the end of Old Oak Way is unique because it is a fully improved road with properties on both sides of the City’s right-of-way owned by the same party. The City considers three main issues when considering a vacation request: 1) How will public and emergency access be impacted? 2) What are the financial benefits or detriments to the City? 3) Does the proposed vacation conform to the City General Plan? 1) Public Trails and Emergency Access: Because there are no anticipated plans or developments which would extend Old Oak Way beyond its current limits, staff determined that for the proposed relinquishment only non-motorized public access needed further investigation i.e. pedestrian and equestrian access. Because this area of the City has many interconnecting public trails the issue was forwarded to the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee (PEBTAC) to investigate any potential trail opportunities. 104 The PEBTAC determine there was an opportunity for trail links which would enhance the connectivity of the City’s trail system. Mr. House was notified of the proposal and agreed to investigate the feasibility of trail linkages through his property. Over the ensuing time, the City Council Ad Hoc comprised of Ann Waltonsmith and Kathleen King, the PEBTAC, Mr. House, the Parker Ranch Homeowners Association, the Garrod Family, and City staff explored various routes that might provide trial linkages. The final agreed upon trail easement location (Attachment 2) will provide the opportunity for a future link with the Garrod property. Additionally, Mr. House agreed to pay for improvements to the “Upper Tank Trail” located in Parker Ranch, which provides connection to the Fremont Older Open Space area (Attachment 2). This trail segment, in its current state, is virtually unusable and improving it will provide safe passage for both pedestrians and equestrians. Mr. House has provided the City with $61,000 to pay for these improvements. For emergency vehicular access the Fire Department conditioned a hammer head turn around area be built at the new terminus of the road (Attachments 2 and 3). If the relinquishment of Old Oak Way is approved, the City will need to accept a street dedication for the emergency turnaround area (Attachment 4). Once the turn around area is constructed by Mr. House, the City would take action via resolution to accept the street dedication encompassing the emergency turnaround area. Mr. House will be providing a cash bond to ensure the work is completed. 2) Financial Considerations: If upper Old Oak Way were relinquished by the City, the City would save future costs associated with maintenance of the road. Annualized savings are approximately $2,800. The developer of the subdivision funded the original road improvements therefore no City funds were expended in there construction. 3) General Plan Conformity: The Planning Commission has reviewed the proposed vacation for conformity with the City’s General Plan and determined that the proposal is in conformity as discussed in the attached Planning Commission resolution (Attachment 7). FISCAL IMPACTS: Depends on City Council direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The relinquishment and acquisitions would not move forward at this time. ALTERNATIVE ACTION: 105 None in addition to the above. FOLLOW UP ACTION: Staff will follow Council’s direction regarding relinquishment of upper Old Oak Way. ADVERTISING, NOTICING AND PUBLIC CONTACT: Interested parties were contacted regarding the issue. ATTACHMENTS: 1. Offer to Dedicate Trail Easement 2. Overall Aerial View 3. Fire Truck Turn Around 4. Offer to dedicate Property for Street Purposes 5. Resolution Summarily Vacating a Portion of Old Oak Way 6. Resolution Accepting the Offer to Dedicate the Trail Easement 7. Planning Commission Resolution Regarding General Plan Conformity for Vacation of Old Oak Way 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John F. Livingstone, AICP ________________________________________________________________________ SUBJECT: Amendment to City Code Procedures for Setting Appeal Hearings ________________________________________________________________________ RECOMMENDED ACTION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached ordinance and waive the First Reading and direct staff to schedule this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council meeting. REPORT SUMMARY: The City Council directed staff to prepare ordinance amendments that would revise the existing City Code and Council policy on setting and continuing appeal hearings to codify current practice for setting the initial hearing date and to impose an earlier deadline for filing continuance requests. The attached ordinance would implement Council direction. Because the policy would amend the Zoning Code’s procedure for appeals to the Planning Commission, the ordinance was reviewed by the Commission and on May 28, 2008 the Planning Commission recommended the ordinance attached to this staff report. DISCUSSION: Current City practice for setting appeal hearings is based on existing provisions of the City Code, a City Council policy on appeal hearings adopted in 2000, and staff implementation as follows: 1. The appeal is filed with the Planning Commission Secretary or the City Clerk. 2. The Secretary/Clerk sets a hearing date based on the earliest date that the matter can be heard by the Commission/Council consistent with requirements for public notice. If this date is not convenient for the appellant (or the applicant if different from the appellant) the hearing date is extended to the next available meeting. If the first available hearing date is more than 30 days from the date of the appeal, then the applicant/appellant may not request an extension. 1 156 2 3. Any public notices required are published in the Saratoga News, posted, or mailed to nearby property owners as required depending on the nature of the matter appealed. 4. At any time prior to the date of the appeal hearing, the appellant (or the applicant if different than the appellant) may request that the hearing date be continued to the next regular meeting of the Commission/Council. If notice has been published or mailed prior to the request for the continuance, the matter remains on the agenda for which it was noticed and is continued until the next regular meeting. If a staff report has been completed before the continuance request is filed a new staff report is prepared for the continued hearing to reflect additional information that has become available since the original staff report was prepared. The attached ordinance would change each step of the current practice outlined above as follows: 1. No change. 2. This step is staff practice and not clearly explained in the Code. The attached ordinance would clearly explain the practice. It would not change current practice. 3. No change. 4. This step is based largely on the City Council’s policy adopted in 2000. The attached ordinance would change the policy to allow continuances only if requested at least 14 days prior to the scheduled hearing date instead of up to the day of the hearing. The hearing would be opened on the noticed date with no staff report. A staff report would be prepared for the hearing on the continued date. The primary effect of this change will be to clarify City policy by including procedures in the City Code, avoid situations in which members of the public prepare for and attend public hearings only to learn that the hearing was continued due to an applicant/appellant request on the previous day, and reduce staff time by ensuring that only one staff report is prepared for a given hearing. ALTERNATIVES: The current practice and the attached ordinance give the applicant/appellant the ability to extend the appeal period by a total of two meetings: • First, at the time the original hearing date is set, by allowing that date to be at the meeting after the first meeting where it is possible to hold the hearing; and • Second, by requesting a continuance at some point after the hearing date has been set and publicly noticed. The City could reduce the total time between the date an appeal is filed and the final hearing is held by eliminating one or both of the above opportunities to request a continuance. Alternatively, the City could provide greater flexibility by providing additional opportunities to 157 3 request continuances. FOLLOW UP ACTION(S): Schedule the ordinance for a second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on June 17, 2008. ATTACHMENTS: Proposed Ordinance 158 ORDINANCE __________ An Ordinance Amending the Saratoga Municipal Code Procedures for Setting Appeal Hearings Before the City Council and Planning Commission THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City seeks to provide a fair an open process of government administration that provides opportunities for public review of certain City decisions and opportunities for the public to appeal those decisions in a timely manner; WHEREAS, the City seeks to provide flexibility in setting dates for consideration of appeals in recognition of residents’ schedules and to provide time for parties to disputes concerning City decisions to reach resolution of those disputes prior to consideration of the matter on appeal; WHEREAS, the City also seeks to bring disputed matters to prompt resolution to ensure the effective functioning of government and in respect for the interests of parties to disputed matters to timely decisions by the City; and WHEREAS, amendments to the City Code to further these objectives have been proposed and duly considered and recommended by the Planning Commission and considered by the City Council. Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below (text to be inserted is presented with double underlining while text to be deleted is shown in strikeout): A. Section 2-05.030 (e) of the Saratoga Municipal Code is amended as follows: (e) Schedule of hearing; notice. Upon the filing of the notice of appeal and payment of the appeal fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the appeal is filed or initiated. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice has been waived by the party entitled to receive the same. by the City Council as follows: 1. A proposed hearing date shall be set within two business days. The proposed date shall be within 30 calendar days of the date the appeal was filed, except as 4 159 provided in subparagraph 2, below. The City Clerk shall immediately inform the appellant and the applicant of the proposed date, time, and place of the hearing at an e-mail address or fax number provided to the City at the time the appeal or application was filed. If the appellant or applicant within two business days requests in writing that the proposed hearing date be extended, then the City Clerk shall set the date for the next regular meeting of the City Council occurring after the proposed date. The City Clerk shall inform the appellant and applicant of the new hearing date, time and place via e-mail or fax. 2. If it is not possible to set the proposed date in a manner that allows the City to provide any notice required by law and set the proposed date at a regularly scheduled meeting within 30 calendar days of the date the appeal was filed, the date shall be set at the first regularly scheduled Council meeting following the close of any applicable notice period. The City Clerk shall immediately inform the appellant and the applicant of the date, time, and place of the hearing at an e- mail address or fax number provided to the City at the time the appeal or application was filed. If the hearing date is set pursuant to this subparagraph 2, then neither the applicant nor appellant shall be authorized to request a change in the hearing date as described in subparagraph 1, above. 3. After a hearing date has been set in accordance with subparagraph 1 or 2, above, the appellant or the applicant may request in writing, and the City Clerk shall grant, a continuance of the date provided that the request for continuance is received by the City Clerk no later than 14 calendar days prior to the date set for hearing. The continuance shall be until the next regular meeting of the City Council occurring after the date for which the matter had been set. No further continuances may be authorized by the City Clerk. (f) Public Notice. If a public hearing is conducted on the appeal, notice thereof shall also be published once at least ten calendar days prior to the hearing in a newspaper having general circulation in the City and mailed or delivered at least ten calendar days prior to the hearing to any other persons who were entitled under the provisions of this Code to receive notice of the proceedings at which the administrative determination or decision was made. B. Section 2-05.030, paragraphs (f) through (h) are redesignated as paragraphs (g) through (i), respectively. C. Section 1-10.030 of the Saratoga Municipal Code is amended as follows: “Business day” means any day other than a holiday or day that the City offices are closed for the entire day for any reason. D. Section 15-90.060(a) of the Saratoga Municipal Code is amended as follows: 15-90.060 Review by Planning Commission. 5 160 (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and payment of the filing fee, the Secretary of the Planning Commission shall schedule the matter for hearing at the next available regular meeting of the Planning Commission to be held within thirty days after the date on which the notice of appeal is filed. The Secretary of the Planning Commission shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. Appeals to the Planning Commission shall be scheduled and noticed according the terms applicable to appeals to the City Council as set forth in subparagraphs (e) and (f) of section 2-05.030 except that all references therein to the City Council shall be references to the Planning Commission and all references to the City Clerk shall be references to the Secretary of the Planning Commission. * * * * * Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 5061(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 was properly noticed and reviewed by the Planning Commission at a public meeting on May 28, 2008. 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. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 2nd day of July, 2008, and was adopted by the following vote following a second reading on the 16th day of July, 2008: COUNCIL MEMBERS: 6 161 7 AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA Acting CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 162 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor SUBJECT: Approval of Design and Placement of Sign for the Joan Pisani Community Center RECOMMENDED ACTION(S): Approve the design and placement of the sign for the newly renamed Joan Pisani Community Center. REPORT SUMMARY: At the June 18th meeting, Council unanimously approved the renaming of the Saratoga Community Center. As part of the renaming application process, proposers are provided notice that “The cost of plaques, monuments and/or replacement of signs resulting from naming or renaming of City-owned facilities, lands and/or portions of facilities will be borne by the individual, group or organization sponsoring the request.” Staff met with representatives of the Joan Pisani Naming Committee to discuss the design (Attachment A) and location (Attachments B, C, & D) of a new sign. The cost of fabrication and installation of the sign is approximately $3,500. This expense will be borne entirely by the Committee. The proposal is to simply replace the existing sign with the new sign in the exact location of the current sign. The Committee has requested authorization to order the sign immediately in order to receive the sign in time to complete installation for an early October dedication. Staff is requesting Council approve the design and placement of the sign and authorize the Committee to order and install the memorial. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None 163 ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted in compliance with the Brown Act. ATTACHMENTS: Attachment A – Joan Pisani Community Center sign design proposal Attachment B – Photo of front of Community Center Attachment C – Photo of current sign Attachment D – Mock up of proposed sign and location 164 5’ 7’9” 3” 10” 6’4”8” 7” 4.5” 3/8 Inch Routed Acrylic Letters Vinyl Cutouts Redwood Posts 1’ T Bennett Services Inc. 1032 Serpentine Lane Site 110 Pleasanton, CA 94566 p:925-931-9407 f:925-931-3407 Lic. C45 815958 Date: 06.05.08 Job ID: JoanPisaniCenter08 165 16 6 16 7 16 8 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor SUBJECT: Saratoga Community Band Request for Fee Waiver RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: The Saratoga Community Band was founded in 1989 with 35 members and today numbers over 80 musicians ranging in age from 16 to 70 and older. The band is sponsored by Los Gatos- Saratoga Community Education and Recreation. On May 28, 2008, Craig Northrup, Director of the Saratoga Community Band wrote a letter (Attachment A) to the City Council requesting a fee waiver to use Wildwood Park on May 17, 2009 to hold a free concert. In 1999, a similar request was made and approved by Council (Attachment B) for the May 21, 2000 concert. At the June 7, 2000 meeting, Council approved a fee waiver for the May 20, 2001 concert (Attachment C), but requested that any future requests be presented each year. Another request was received in 2005, but the Council stated no future fee waivers would be granted (Attachment D). Staff is requesting direction from Council on the request for a fee waiver. FISCAL IMPACTS: If approved, the waiver would result in approximately $55 in lost rental/reservation revenues. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: 169 Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted in compliance with the Brown Act. ATTACHMENTS: Attachment A – May 28, 2008 letter from Craig Northrup Attachment B – May 19, 1999 Council minutes (partial) Attachment C – June 7, 2000 Council minutes (partial) Attachment D – June 14, 2005 Council minutes (partial) 170 SARATOGA COMMUNITY BAND CRAIG D. NORTHRUP, Conductor 1669 Hyde Drive Los Gatos, CA 95032 Telephone or Fax: (408) 379-2868 E-mail: CraigDNorthrup@SBCGlobal.net Website: SaratogaBand.org Cell: (408) 857-20°4 Attn: Saratoga City Council RE: Waiver for Use Fee of Wildwood Park Concert -May 17, 2009 The Saratoga Community Band has been performing FREE concerts in Saratoga since it's inception in 1989. The total is over 80 concerts and special performances. Next year will be our 20th anniversary. Every year our final concert of the season is the third Sunday in May performed at Wildwood Park. Marge Bunyard and Francis Stutzman, former Saratoga City Council Members [and Mayors], were instrumental in encouraging me to start our Saratoga Community Band, and it has now become a 20 year old Saratoga institution. In 1999, the Saratoga City Council voted to waive all fees for use of city venues by the Saratoga Community Band because of our service to Saratoga and the community. I enclose a copy of the letter to me from the Saratoga City Council. With the new on-line reservation system for concert venues, it is not possible to reserve Wildwood Park unless we pay the reservation fee. I enclose our May 2009 reservation confirmation. Please consider waiving all current and future use fees for our Saratoga Community Band free concerts. Thank you for your continued support. &~J Craig D. Ntthrup 1~~t" 1978 Saratoga Citizen of the Year Former Saratoga High School Band Director 1972-82 Former West Valley College Band Director 1989-96 Music Director -Vienna Youth Music Festival [Austria] 1980-1996 Resident of Saratoga 1948-2001 [currently Los Gatos] 171 .... MINUTES SARATOGA CITY COUNCIL TIME: PLACE: TYPE: Wednesday, May 19, 1999 -6:30 p.m. Closed Session -Administration Conference Room, 13777 Fruitvale Avenue; Regular Meeting -Council Chambers/Civic Theatre, 13777 Fruitvale Avenue Regular Meeting ******************************************************************************* OPEN SESSION -6:30 p.m. in the Administration Conference Room, 13777 Fruitvale Avenue ADJOURN TO CLOSED SESSION 1. CLOSED SESSION A. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (One case) ******************************************************************************* MAYOR'S REPORT ON CLOSED SESSION -Mayor Shaw declared there was no reportable action taken. Mayor Shaw also reported that at the last meeting of May 11, 1999 an action was taken under Closed Session item B • Public Employee Perfonnance Evaluation for the City Manager to adjust the compensation of the City Manager totaling 5.5%, for approval at tonight's meeting. REGULAR 'MEETING -Mayor Shaw called the meeting to order at 7:01 p.m. in the Council Chambers, 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE -Led by Mayor Shaw ROLL CALL -All present with the exception of Councilmember Streit and Vice Mayor Bogosian. Staff present: City Manager Perlin, City Clerk Ramos, City Attorney Randolph, Director of Community Development Walgren, Director ofAdministrative Services Walker. 2. CEREMONIAL ITEMS A. Resolutions commending Marcia Kaplan, Cheryl Martlage, Henry Murakami and Mark Pierce for their service on the Planning Commission. Mayor Shaw read the resolution of commendation for Mr. Pierce who was present and expressed thanks. Mayor Shaw directed staffto mail the other three resolutions to the recipients. REPORT OF CITY CLERK ON POSTING OF AGENDA -City Clerk Ramos reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 14,1999. 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non~AgendizedItems Mayor Shaw recognized the following persons who expressed support for the Saratoga Union School District's renovation projects at Saratoga Elementary and Redwood Middle schools and urged the City Council not to take legal action against the School District. Annette Woolsey, 19952 Durham Court Marcy Bums. 14014 June Way Mimi Frazier. 13519 Ronnie Way Sue Nakaii. 12801 Glenbrae Drive Mayor Shaw commented that the City is currently engaging in discussions with the Saratoga Union School District to work out an amicable plan for the good ofthe community. Pase 1 of • 172 MJDules. (or Ciry CouDdl Regular Metling May 19, 1999 B. Communications from Boards and Commissions -None C. Written Communications 1. Letter from Craig Northrup, Conductor of West Valley College Symphonic Band requesting waiver offees for use of Wildwood Park on May 21, 2000, for Community Band Concert Recommendation: Approve fee waiver. _ MEHAFFEYIBAKER MOVED TO APPROVE TIlE REQUEST TO WANE FEES FOR THE COMMUNITY BAND CONCERT AT WILDWOOD PARK ON MAY 21, 2000. MOTION PASSED 3-0 (Councilmember Streit and Vice Mayor Bogosian absent). 4. CONSENT CALENDAR A. Previously Discussed Items -None B. New Items Councilmember Mehaffey requested to pull item 4B.4 and 4C for clarification. 1. Planning Commission Actions, May 12, 1999 Recorrimendation: Note and file. 2. Approval of Check Register Recommendation: Note and file .. 3. Memo authorizing publicity ofPublic Hearing items -Approval of assessments in connection with renewal of the Landscaping and Lighting Assessment District (LLA-l) for Fiscal Year 99-00; Harkey appeal; Wang appeal; Fiscal Year 99-00 & 00-01 Budget presentation Recommendation: Direct staff accordingly. 4. Budget Amendment Resolution appropriating $47,500 for Horseshoe Drive • landscape improvements. Recommendation: Adopt resolution. 5. Monthly Financial Reports for April 1999: a) Treasurer's Report b) Investment Report Recommendation: Accept the subject reports. 6. Resolution adjusting compensation of City Manager. Recommendation: Adopt Resolution. BAKERJMEHAFFEY MOVED TO APPROVE THE CONSENT CALENDAR ITEMS 4B 1 - 6 As PRESENTED. MOtION PASSED 3-0 (Councilmember Streit and Vice Mayor Bogosian absent). C. Claim Against the City -George and Barbara Marcinkowski Recommendation: Reject claim. Councilmember Baker commented that after visitiDg the subject site, there is no substantiation for this claim against the City. BAKERJMEHAFFEY MOVED TO REJECf THE CLAIM OF GEORGE AND BARBARA MARCINKOWSKI. MOTION PASSED 3-0 (Councilmember Streit and Vice Mayor Bogosian absent). S. PUBLIC HEARINGS -7:30 p.rn. -None 6. OLD BUSINESS A. Ordinance repealing Article 7-10 orand adding Article 7-10 to the Code of the City of Saratoga relating to sewage disposal. Recommendation: Adopt ordinance. Pase 2 o(4 173 City Council Minutes June 7, 2000 Councihnember Baker removed Item 2H from the Consent Calendar. Councihnember Baker explained that he wanted to remove this item in order to publicly aclmowledge the Givens Family's donation; he also asked if there was anyone present at the meeting representing the Givens Family. Bill McDonald, PresidentIFriends of the Library, introduced Mr. and Mrs. Givens and explained the tragic loss of their daughter. He also noted that the $10,000.00 would be given to the Friends of the Library and a committee will be formed to select an artist. Mr. McDonald invited any member ofthe City Council to participate in the selection of an artist. Mayor Bogosian thanked Mr. McDonald and Mr. & Mrs. Givens for coming to the meeting tonight and their donation is appreciated by the City of Saratoga. BAKER moved to accept Givens Family donation, seconded by WALTONSMITH and carried unanimously. 21. APPROVE REQUEST FOR WAIVER OF PARK USE PERMIT FEE OF WILDWOOD PARK FOR SARATOGA COMMUNITY BAND CONCERT ASSOCIATION. STAFF RECOMMENDATION: That Council approve request. Mayor Bogosian removed Item 21 from the Consent Calendar. Mayor Bogosian questioned why the staff report indicated that the event was not happening until May 20, 2001. Bill Norton, Interim City Manager, noted that staff would like all future fees waived for the Saratoga Community Band Concert Association. , Joan Pisani, Recreation Director, explained that the past couple of years the Council approved the Concert Association's request to waive fees and she felt that the Council could waive fees for the future. Councilmember Mehaffey supports the fee waiver but would like this item to come back for approval every year. Mayor Bogosian also supports the fee waiver but would also like to see the request back every year. BAKER moved to approve request for waiver of park use fee of Wildwood Park, seconded by MEHAFFEY and carried unaniplOusly. 7 6 174 Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that with three years of budget reductions in Saratoga and projections that indicate more of the same in the future, the Mayor is interested in exploring options fir new City revenue. Assistant City Manager Tinfow explained that preliminary discussions have ranged broadly­ from attracting a large scale or specialized retailer to Saratoga, to encouraging a mixed-use development to considering steps towards new tax revenue. Assistant City Manager Tinfow explained restructuring parking requirements in the Village is currently being explored in order to indirectly increase sales tax revenue. Assistant City Manager Tinfow stated that once options have been identified, a resident survey would be conducted to gauge community support for the various revenue enhancement activities. Some method of generating new revenue would require voter approval and/or have serious community implications. A statistically significant survey would be especially important so that Council would clearly understand the level of support for any particular options. Staff estimates costs for such a survey to be between $20,000 and $30,000. Assistant City Manager Tinfow explained a proposed activity timeline. Consensus of the City Council to direct the AdHoc committee to return to Council with brainstorm ideas. KLINE/STREIT MOVED TO ESTABLISH A COUNCIL REVENUE ENHANCEMENT OPTIONS ADHOC COMMITTEE, APPOINTING MAYOR ]{ING"AND COUNCILMEMBER STREIT. MOTION PASSED 4-1 WITH WALTONSMITH OPPOSING. 7. REQUEST FROM THE SARA TOGA COMMUNITY BAND TO WAIVE FEES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer pointed out that the attached letter was received from the Saratoga Community Band. City Clerk Boyer explained that the Community Band has requested that the City Council waive $250 in related fees in conjunCtion with their summer concert at Wildwood Park. Consensus of the City Council to waive the permit fees for the concert at Wildwood Park for the last time. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King reported the following information: Hakone Foundation Liaison -successful Japan Festival, 3 w 4 thousand people attended. 10 175 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson ________________________________________________________________________ SUBJECT: City Council Election Ethics and Standards ________________________________________________________________________ RECOMMENDED ACTION: Review and approve, modify, or deny the following proposals pertaining to ethics and standards for City elections: 1. Resolution adopting a proposed Pledge of Fair Campaign Practices; 2. Direction to the City Manager to increase the number of League of Women Voters candidate forums supported by the City from one to two on the condition that the second forum be held on the evening preceding the election; and 3. Direction to the City Clerk to include on the City website a link to the Institute for Local Government publication titled “Campaigning Effectively for Local Office: Good People Can Finish First.” REPORT SUMMARY: At the Study Session held June 24, 2008 the City Council discussed a number of matters pertaining to ethical norms and behaviors in City government. Council directed staff to return with a proposed code of ethics for City officials at the July 18 meeting. The study session discussion also considered matters pertaining to ethics and City elections. Because election papers for the November, 2008 election will be available on July 14, 2008, the Council directed staff to prepare this staff report on an expedited basis so that any election- related materials will be available to potential candidates by that time. The Council considered three matters pertaining to ethics and standards for City elections. Each is discussed separately below. Pledge of Fair Campaign Practices State law requires the City Clerk to provide each candidate with a blank form “Code of Fair Campaign Practices” (Attachment A). Completion of the form is entirely voluntary. The League of California Cities has prepared an alternative version of the code titled a “Pledge of Fair Campaign Practices” (Attachment B) and recommends that cities consider inviting candidates to complete this form as well, again, on an entirely voluntary basis. Council 1 176 discussed the two forms at the Study Session together with the Code of Professional Ethics for the American Association of Political Consultants (Attachment C). Based on these forms and Council discussion staff has prepared a Pledge based on the League of Cities pledge with modifications to address false and misleading attacks, relations with the news media, use of campaign contributions, and disclosure of campaign support for printed materials. This Pledge is attached to the resolution presented as Attachment D. The Council may wish to add or remove items from the pledge as proposed based on the text of the other pledges provided. Additional Candidate Forum At the Study Session the City Council discussed a program recently instituted by the City of Santa Clara. That City sponsors two candidate forums during the elction season. The last forum – known as the “Final Word Forum” -- is held on the evening before Election Day. In Saratoga the City has traditionally funded a single candidate forum sponsored by the League of Women Voters. If the Council wishes to support an additional forum similar to that sponsored by the City of Santa Clara it can authorize the City Manage to increase the number of League of Women Voters candidate forums supported by the City from one to two on the condition that the second forum be held on the evening preceding the election. Alternatively the City could simply continue its current practice or seek a neutral organization other than the League of Women Voters to sponsor the final forum. Fair Campaigning Resource The Institute of Local Government (“ILG”, an affiliate of the League of California Cities) has prepared a guide to fair campaign practices that potential candidates for City Council could find useful. The guide is called “Campaigning Effectively for Local Office: Good People Can Finish First” and copies are available at: http://www.cacities.org/resource_files/22056.final%20guide.pdf. A copy of the table of contents is included as Attachment E. The City could provide the table of contents to potential Council candidates and post a link to the guide on the City website. Alternatively the City could print the entire report and include copies in the candidate packages or could simply direct candidates to the ILG website to review this and other ethics related materials. ALTERNATIVES: Discussed above. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. In addition, the matter was discussed at the noticed Study Session 2 177 3 held June 24, 2008. ATTACHMENTS: Attachment A – Government Code Section 20440 Attachment B – League of Cities Draft Candidate’s Pledge Attachment C – American Association of Political Consultants Code of Professional Ethics Attachment D – Proposed Resolution Adopting Voluntary Pledge Attachment E – Table of Contents from Campaigning Effectively for Local Office: Good People Can Finish First” 178 Attachment A Elections Code 20440 At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee. The text of the code shall read, as follows: “CODE OF FAIR CAMPAIGN PRACTICES” There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism. (2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life. (3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. 4 179 5 (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process. I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices." _____________ _______________ Signature Date 180 Attachment B Pledge of Fair Campaign Practices Note: this is a proposed update and expansion of the Code of Fair Campaign Practices presently distributed by elections officials for candidates to sign. Consider signing both the existing statutory code and proposing that candidates go one step further and commit to the following pledge or a variation tailored to your community’s needs. Note that 78 percent of those surveyed indicated that they would be favorably influenced in favor of candidates that pledge to adhere to ethical campaign practices. There are basic principles of honesty, fairness, responsibility and respect to which every candidate for public office should adhere in order to worthy of the public office that that candidate seeks. Candidates who fall short of adhering to such principles alienate the public from the electoral process and erode the public’s trust and confidence in the offices that those candidates seek. THEREFORE, as a candidate for public office, I pledge to conform my campaign to the following principles: 1. General. My campaign for public office will adhere to principles of honesty, fairness, responsibility and respect. My campaign communications will present only fair, relevant and truthful information to the voters for their consideration of my candidacy and those of my opponents. 2. Fairness. The timing of my communications will be such that my opponents will have a meaningful opportunity to respond to any claims I make concerning their positions or qualifications to hold office. I will not take advantage of any position I hold in the public, private or nonprofit sectors to pressure people to support my candidacy with either campaign contributions or other election help. 3. Relevance. Irrelevant information includes appeals to prejudices based on race, sex, sexual preferences, religion, national origin, physical health status, or age, as well as information concerning the candidate’s family. 4. Truthfulness. I will present my positions and record candidly and forthrightly, so that the voters can judge my candidacy for office. I will document all assertions my campaign makes in campaign communications. 6 181 7 5. Responsibility. I support full participation the electoral process and will take no action to discourage such participation. I will immediately and publicly repudiate those who take actions that either help my candidacy or hurt my opponents’ candidacy which are inconsistent with this pledge of campaign conduct. 6. Respect. I will treat my opponents with courtesy and civility, even when we disagree about what is best for voters served by the office I seek. ________________________________________ _________________ Candidate’s Signature Date 182 Attachment C AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS CODE OF PROFESSIONAL ETHICS As a member of the American Association of Political Consultants, I believe there are certain standards of practice that I must maintain. I, therefore, pledge to adhere to the following Code of Ethics: • I will not indulge in any activity that would corrupt or degrade the practice of political campaigning. • I will treat my colleagues and clients with respect and never intentionally injure their professional or personal reputations. • I will respect the confidence of my clients and not reveal confidential or privileged information obtained during our professional relationship. • I will use no appeal to voters which is based on racism, sexism, religious intolerance or any form of unlawful discrimination and will condemn • those who use such practices. In turn, I will work for equal voting rights and privileges for all citizens. • I will refrain from false or misleading attacks on an opponent or a member of his or her family and will do everything in my power to prevent others from using such tactics. • I will document accurately and fully any criticism of an opponent or his or her record. • I will be honest in my relationship with the news media and candidly answer questions when I have the authority to do so. • I will use any funds I receive from my clients, or on behalf of my clients, only for those purposes invoiced in writing. • I will not support any individual or organization that resorts to practices forbidden by this Code. 8 183 Attachment D RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA ESTABLISHING A VOLUNTARY PLEDGE OF FAIR CAMPAIGN PRACTICES WHEREAS; Saratoga voters seek candidates for political office who embrace the basic principles of honesty, fairness, responsibility, and respect that public office demands. WHEREAS; Candidates for public office who fail to abide by principles of such basic principles alienate the public from the electoral process and erode the public’s trust and confidence in the offices that those candidates seek. WHEREAS; Though the Code of Fair Campaign Practices for the State of California, Elections Code § 20440, promotes state-wide campaign practices, the City of Saratoga has its own distinct electoral culture, history, vision statement, and basic principles that candidates for public office should embrace and exemplify. WHEREAS The promotion of informed democratic decision-making through the election process is enhanced by public knowledge of a particular candidate’s positions regarding, and adherence to, fair campaign practices. WHEREAS; Providing candidates for public office with a voluntary option of agreeing to a City of Saratoga Pledge of Fair Campaign Practices serves to inform candidates of the City’s basic principles while simultaneously providing an opportunity for the electorate to understand a candidate’s positions on fair campaign practices. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Adopts the attached Pledge of Fair Campaign Practices form; 2. Directs the City Clerk to provide a copy of the City of Saratoga Pledge of Fair Campaign Practices to each candidate for City Council together with the California Fair Campaign Practices materials and instructions stating that completion of the Pledge is voluntary and requesting that if signed, a copy of the Pledge be given to the City Clerk; and 3. Directs the City Clerk to make copies of signed Pledges immediately available to the public requesting such copies. 9 184 The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of July 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Ann Waltonsmith, Mayor ATTEST: ___________________________ Ann Sullivan Acting City Clerk 10 185 City of Saratoga Pledge of Fair Campaign Practices There are basic principles of honesty, fairness, responsibility and respect to which every candidate for public office should adhere in order to be worthy of the public office that the candidate seeks. Candidates who fall short of adhering to such principles alienate the public from the electoral process and erode the public’s trust and confidence in the offices that those candidates seek. THEREFORE, as a candidate for public office in the City of Saratoga, I pledge to run my campaign in accordance with the following principles: 1. General. 9 My campaign for public office will adhere to principles of honesty, fairness, responsibility and respect. 9 My campaign communications will present only fair, relevant and truthful information to the voters for their consideration of my candidacy and those of my opponents. 2. Fairness. 9 The timing of my communications will be such that my opponents will have a meaningful opportunity to respond to any claims I make concerning their positions or qualifications to hold office. 9 I will not take advantage of any position I hold in the public, private or nonprofit sectors to pressure people to support my candidacy with either campaign contributions or other election help. 3. Relevance. 9 Irrelevant information includes appeals to prejudices based on race, sex, sexual preferences, religion, national origin, physical health status, or age, as well as information concerning the candidate’s family. 4. Truthfulness. 9 I will present my positions and record candidly and forthrightly, so that the voters can judge my candidacy for office. 9 I will document all assertions my campaign makes in campaign communications. 9 I will refrain from false or misleading attacks on an opponent or a member of his or her family and will do everything in my power to prevent others from using such tactics. 5. Responsibility. 11 186 12 9 I support equal voting rights and privileges for all citizens and will take no action to discourage participation in the City election process. 9 I will immediately and publicly repudiate those who take actions that either help my candidacy or hurt my opponents’ candidacy which are inconsistent with this pledge of campaign conduct. 9 I will be honest in my relationship with the news media and candidly answer questions from the media and voters. 9 I will use all campaign contributions for my campaign and will disburse any excess contributions in accordance with all applicable laws. 9 I will review and approve all printed materials (including mailers, lawn signs, flyers, advertisements, websites, and other media) sponsored by my campaign and will include on all printed materials a statement that my campaign is the source of the material. I will also do everything in my power to cause supporters producing independent printed materials to include on those materials a statement identifying the source of the material. 6. Respect. 9 I will treat my opponents with courtesy and civility, even when we disagree about what is best for voters served by the office I seek. Candidate’s Signature Date 187 Attachment E CAMPAIGNING EFFECTIVELY FOR LOCAL OFFICE: GOOD PEOPLE CAN FINISH FIRST CONTENTS INTRODUCTION AND OVERVIEW ....................................................................................................3 DEFINING YOUR CANDIDACY AND DEVELOPING YOUR MESSAGE .....................................7 BUILDING A CAMPAIGN ORGANIZATION.....................................................................................13 VOTER CONTACT ................................................................................................................................21 FUNDRAISING .......................................................................................................................................27 COMPLYING WITH THE LAW ...........................................................................................................35 CONCLUSION: ETHICS AND POLITICAL CAMPAIGNS ...............................................................43 RESOURCES FOR FURTHER REFERENCE.......................................................................................45 ATTACHMENTS: CALIFORNIA CODE OF FAIR CAMPAIGN PRACTICES ................................................................49 AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS CODE OF PROFESSIONAL ETHICS .... 50 CAMPAIGN PLAN CHECKLIST ..........................................................................................................51 13 188 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Comer Drive Retaining Wall Replacement RECOMMENDED ACTION: Adopt Resolution Amending the FY 2008-09 Budget for Retaining Wall Repair Work on Comer Drive. REPORT SUMMARY: During the recent Capital Improvement Program (CIP) Study Sessions, staff alerted City Council of needed repairs in the City’s hillsides (Location Map - Attachment 1). The repairs are needed because of geotechnical issues and infrastructure failures. Of the hillside issues that require attention, the Comer Drive retaining wall was deemed the most urgent by the City’s Geotechnical Consultant. The Comer Drive retaining wall is significantly deflected from vertical. Existing wood elements (both vertical and horizontal) are failing (Photo – Attachment 2). The City Geotechnical Consultant expressed his concern with the potential for near-term collapse failure. The wall is approximately 260 feet long and 6 feet high. Proposed replacement wall would be designed with vertical steel beams encased in concrete for the pier portions and pressure-treated wood lagging. Cost estimate for the retaining wall replacement is $185,000 plus $15,000 for engineering and geotechnical design services for a total project budget of $200,000. FISCAL IMPACTS: Option 1 – Economic Uncertainty Reserve Fund The City Council added hillside repairs as an eligible expenditure to the economic uncertainty reserve fund several years ago. The reserve fund is used only when the City Council determines the need. 189 The determination requires City Council to adopt a budget resolution that amends the 2008/09 FY Budget (Attachment 3). Option 2 – Capital Improvement Fund The City Council can also choose to fund these improvements with Capital Improvement funds. A budget resolution that amends the 2008/09 FY Budget is attached for this option as well (Attachment 4). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the Comer Drive retaining wall fails prior to replacement construction costs will be substantially higher along with a greater risk to public safety and traffic impacts associated with lane or road closures. ALTERNATIVE ACTION: Determine an alternative funding source for the retaining wall replacement. FOLLOW UP ACTION: If funding is approved, staff will schedule the retaining wall replacement work in order for the work to be completed prior to the next rainy season. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Location Map - Hillside Repairs. 2. Photo - Comer Retaining Wall. 3. Budget Resolution - Economic Uncertainty Reserve Fund. 4. Budget Resolution – Capital Improvement Fund. 190 CT. C T . M E A D O W B L U E S P R I N G M C C A R T Y S V I L L E C T . DR. CT. F R E D R I C K S B U R G C T . C H E V E R L Y C I R . S H E R I D A N L O C H L O M O N D L N . B R O O K V A L E BRISBANE CT.S TA U FF E R BARNHART RUTHERFORD DR.R E G N A R T R E G N A R T LN.ROADGALWAY D R . S A R A T O G A V I L L A P L . PROSPECT C T . C T . MERIDA DR. R O N C O L E C T . L N . WAY C A R O L MAURE EN M A RIA D R . B E A U C H A M P S BURNETT C O V I N A RD.DR. N A T O M A BLUE R D . C T .O A K M A R IL L A R D . A T R I U M MEA D OW RITANNAHILLS D R . R D . R A N C H L N . D R . LN.KIRKMONTDR. P A R K E R V I A L N . R A N C H GRANADA C T . CT.M A R I L L A R D . ATRIUM CIRCLEBOWHILL D R . MARILLACREEK C T . DR. R O A D A R R O W H E A D K I R K B R O O K O A K LN.JULIE K I N G C T . F A R R A R R O Y O P R O S P E C T LN.K I R K D A L E C T . C T . K E N Y O N M I L L KNOLLWOODARROYO NORADA C T.L N . R O L L I N G L N . V I S T A A R R O Y O GULLSEA S A R A T O G A -S U N N Y V A L E Z O R K A C T . LOWENA CT.A V E . D E HIL L S L N A V E . C R A Y S I D E AVE. WAYST.JOAN CT. A R G U E L L O MANOR DR. RD LEUTAR T E D G R E E N M E A D O W BEAUCHAMPS LANE CHERRY S A N K A CT.KREISLER DR.SUMNER D E LN.PROSPECT CHERRYHILLMOORDR.RD.AVE.RD. H E I G H T S CLARIDGERD. C T . S U M N E R W Y . GUAVA C T . PROSPECT FARR RANCH S C E N I C A R G U E L L O CT.VERDE FREDRICKSBURG MOOR D R . CT.CONTINENTAL R A N C H P L . D R .CT.CIRCLE D E BLOSSOMCARNIEL CT.DR.A R R O Y O W A R D E L L WARDELLPARKER RD.WILLIAMSBURG L N . C T . S A R A T O G A COX D R . S T A R C T . W O O D S WAY C T . C I R C L E Y O L O L N . W O L C O T L I K A W A Y I O N E L N . J E P S E N A S H L E Y C A R N I E L C T . C T . A S H L E Y C T . R E G A N I D L E W O O D O A K S PIERCEARGUELLO CORTE DEARGUELLO D I A M O N D R O A D R I D G E L N . C T . CHATEAU DR.DR.D E C I R C L E C O M E R CT.P I E R C E CT. C H I Q U I T A CRAIGEN F O O T H I L L DR.R O A D L N . C T . A R R O Y O BLAUER DR.D R . C O M E R B R A N D Y W I N E AP O L L OHOUSTON CT.D R . W A YDR. ARGONAUTPARAMOUNT CHATEAU D R . R E G A N TRICIA WY.HICKORYHILL DR.WAYF U T U R E M T N . CHADWICK LN.P L A C E CUNNINGHAM LJEPAVACT. S H A D O W E D E N C R E S T S T E W A R T C T . PARAMOUNT D R . D R . R D . KILBRIDE CT.C T . DR.R I C E R O A D C H I Q U I T A G L A S G O W C T . MILJEVICH KILBRIDE P A D E R O DR. WAY AVE. M T.G L A S G O W RD.LEONARDSU R REY EDINBURG DR. TRAILDR. MEADOW C T. D R . L N . GLEN BRAE GLEN BRAE DR.CT.C T . VILLA OAKS ROAD C L O T H I L D E M A N O A DEBBLE C T . C T . D R . C T. S U N N Y V A L E A R G O N N E C H A L E T A V E . K A H A L A OLD OAK B R I A R SARAVIEW CT. L N . A L D E R M A N D A R I N C T . RUSSEL LN. D R . L N . DR.H A M M O N S RUSSELL THELMA AVE.Q U A R R Y V A Q U E R O W Y . W A Y VIA LN.E D E N S A R A V I E W R D. C T . SARAHILLS FRANKLIN AVE. D R. A V E . R E GIN A S A R A H I L L S W A Y CT.CT.P L . J I M S SARATOGA VISTALN.P I E R C E A N N C T.C A M I N O C T . K O D I A K T O N I C H A L E T VERDE VISTA LN.T A C U B A V I S T A MERRICK DR. C T . R I C O A V E . V E R D E L N . BOYCE E L C A L L E WOODWARD L E X I N G T O N CT. D R . P R U N E B L O S S O M VI S T A S A R A T O G A T A M W O R T H R D . AVE.HERRIMANR E GIN A AVE.SE ATON R I V E R A V E . UPPER A V E . R A N C H HILL D A M O N S A R A T O G A DEERPARK R D . T R I N I T Y CT. CIR CLE S A R A T O G A C T . D R.M A L C O M P I K E C T . LA N E A V E . S A R A T O G A A L B A R L Y N D E HILLS JERRIESRD.HILLMT. EDEN CT.TRINITY AVE.C T . R D.R D . A V E . D R . L Y N D E L N . J U N ETRINITY C T . P I K E A V E . W A Y D O R E N E A V E . WILLIAMSL A C E Y R I OAVE.S T .P O N T I A C R O A D L O M A W A YHEBER T E E R L I N K V I S T A H O L L O W C O U R T R E I D D R .A L T A W A Y WALNUTAVE. S E A G R A V E S LN.E L V I R A S Q U I R R E L W Y . PALOMINOWAY P L . R D .V I C T O R V I E W DR. W O R D E N J U N I P E R W Y. C A N Y O N M A R I O N DORSEY M I C H A E L S WAY L OV E L A N D C T.D R . W A Y L N .A R B E L E C H E B U R N S S U L LI V A N L N . A V E . V I E W A V E . B A R K S D A L E TO LL S A R A T O G A P I E R C E G L E N M O N T C T .LN.C A N Y O N V I E W B R O O K W O O D W A Y A V E . S A R A T O G A G A T E W A Y L A P A L O M A D R .O R C H A R D R D . HEIGHTS C A N Y O N DR. D R . L U T H E R I A A V E N U E P A U L C T . E L V A S P R I N G E R 4TH R O A D D E E R CANYONVIEW S P R I N G S P A R K W IL D W O O D A V E . D R .W A Y A V E .C T. S A R A T O G A P L. S T.E S T E R L E E OAK PL.W A Y S P R I N G E R FIELDSTONE 3 R D DR. S T . HEIGHTS C T. 4 T H S P RIN G E R F I E L D S T O N E C T. S T. R O A D P L A C I D A A V E . C T . G L E N W Y .D E E P W E L L S T. R O A D S T O N E R I D G E C T. VINTAGE M I L L B A S I N S P R I N G E R D R . C R E E K LN. 5 T H W E S T C O T T D R .LUMBERTOWN R D . B E R R Y F O R E S T S T.R O C K Y B I G 6 T H AMBRIC L N . W I L D HIL L S A V E . D R. S T .C A R N E L I A N K O MIN A H O R S E S H O E S T. K N O L L S L N . RD.SYCA M O R E S T. C H A R L E S G R O VE S P R I N G E R L O MIT A A V .H A Y M E A D O W S T . PA M E L A A V E . W AY A V E. O A K RD.TOLL B A N K H A L L A L O H A V I C K E R Y R D .C O N G R E S S GATELN. L N . SARATO GA P L . RD.V I C K E R Y JACK S B U T A N O C O D Y P I E R C E T E R R. 9 ROA D CONGRESS A V E. CONGRESS SPRINGS R A N C H O CALLE S P R I N G S R D . M O NTALV O M E N D E L S O H N 9 LN.AUDREY SMITH LN. BONNIE BRAE WAY VINERD. V I C K E R Y S T . M O N T A L V O O A K S L N. DEER V I N T N E R C T . M A S S O N C T . D E E R C A N Y O N L N. MIN A W Y. M A G N O L I A C T . PE T UN I A C T . EL DORADO CT. GORDON CT. O A K H O L L O W L N . R O D E O C R E E K H O L L O W B O U G A N V I L L E A C T . P E R A L T A C T . SEVILLA BELLA VINA P I C E A C T . S P A I C H C T . ^_ ^_ ^_ ^_ ^_ Pierce Rd LS$150k Comer Dr. Ret. Wall200k Continental Circle LS$200-300k Parker Ranch Ret. Walls$250k Vista Arroyo Ret. Wall Extension ± Attachment 10 191 Attachment 2 - Comer Drive Retaining Wall Photo 192 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2008/09 TO PROVIDE FUNDING FOR REPAIR WORK TO THE COMER DRIVE RETAINING WALL WHEREAS, the City Council desires to repair the Comer Drive Retaining Wall, which is failing; and WHEREAS, financing in the amount of $200,000 is needed for said repair work; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2008/09 budget as follows: Account Description Account# Amount To transfer funding from Economic Uncertainty/Hillside Repair Fund to Comer Drive Retaining Wall Repair Project Economic Uncertainty/Hillside Repair – General Fund Transfer Out $ 200,000 Comer Drive Retaining Wall Repair Project – CIP Fund Transfer In $ 200,000 To appropriate expenditures for the Comer Drive Retaining Wall Repair Project Comer Drive Retaining Wall Repair Project – Construction Exp $ 200,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves adjustments to the Fiscal Year 2008/09 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 2nd day of July 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Ann Waltonsmith, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, Acting City Clerk 193 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2008/09 TO PROVIDE FUNDING FOR REPAIR WORK TO THE COMER DRIVE RETAINING WALL WHEREAS, the City Council desires to repair the Comer Drive Retaining Wall, which is failing; and WHEREAS, financing in the amount of $200,000 is needed for said repair work; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2008/09 budget as follows: Account Description Account# Amount To transfer funding from General Fund – Designated for CIP Reserve to the Comer Drive Retaining Wall Repair Project Designated for CIP Reserve - General Fund Transfer Out $ 200,000 Comer Drive Retaining Wall Repair Project – CIP Fund Transfer In $ 200,000 To appropriate expenditures for the Comer Drive Retaining Wall Repair Project Comer Drive Retaining Wall Repair Project – Construction Exp $ 200,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves adjustments to the Fiscal Year 2008/09 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 2nd day of July 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Ann Waltonsmith, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, Acting City Clerk 194 SARATOGA CITY COUNCIL MEETING DATE: July 2, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DEPT HEAD: Dave Anderson SUBJECT: Designation of Voting Delegate for League of California Cities Annual Conference RECOMMENDED ACTION: Designate a voting delegate and alternate for the League’s Annual Conference. REPORT SUMMARY: The League of California Cities Annual Conference is scheduled for Wednesday, September 24 through Saturday, September 27, 2008. The League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. The deadline to return the “Voting Delegate Form” to the League of California Cities is Friday, September 5, 2008. Please contact Debbie Bretschneider or Ann Sullivan if you are interested in attending. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be represented at the 2008 League Conference. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING, AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A – Letter from the League of California Cities and tentative schedule. 195 196 197 198 199 200