HomeMy WebLinkAbout07-16-2008 City Council Agenda Packet (2)
CITY OF SARATOGA
CITY COUNCIL
SITE VISIT AGENDA
MONDAY, JULY 14, 2008
9:30 A.M.
ROLL CALL
REPORT OF THE POSTING
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
July 10, 2008)
AGENDA
1. Appeal – APCC08-0002; Subject Property Address –20731 St. Charles
Street; Subject Property APN – 517-08-025; Appellant – Francis, Ginouves, and
Ringsrud; Property Owner –Estahbanaty: The appellant is appealing a decision by the
Planning Commission. The Planning Commission granted design review approval for a
new two-story home at the subject property. The gross lot size is 6,012 square feet, and
the site is zoned R-1-10,000.
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 July 10,
2008 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and
was available for public review at that location. The agenda is also available on the
City’s website at www.saratoga.ca.us
Signed this 10th day of July 2008 at Saratoga, California.
Ann Sullivan, CMC
Acting City Clerk
AGENDA
CITY OF SARATOGA
CITY COUNCIL
SPECIAL MEETING
JULY 16, 2008
CLOSED SESSION – 5:40 P.M. – ADMINISTRATIVE CONFERENCE ROOM –
13777 FRUITVALE AVENUE.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
July 10, 2008.)
COMMUNICATIONS FROM 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.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference with Legal Counsel – Anticipated Litigation: Initiation of Litigation pursuant
to Government Code section 54956.9(c)): (1 potential case)
OPEN SESSION – 6:00 P.M.
ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 6:00 P.M.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
July 10, 2008.)
1. Joint Meeting with the Saratoga Area Senior Center Council (SASCC).
Recommended Action:
Informational only.
ADJOURNMENT
1
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate
in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, July 16, 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
July 10, 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
SPECIAL PRESENTATIONS
1. Presentation on Measure A - 2008
Recommended action:
Informational only.
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. Study Session Minutes - June 24, 2008
Recommended action:
Approve minutes.
3. City Council Minutes - July 2, 2008
Recommended action:
Approve minutes.
4. Review of Accounts Payable Check Registers.
Recommended action:
That the City Council accepts the Check Registers for the following Accounts
Payable payment cycles:
June 26, 2008
July 03, 2008
5. Authorization to Sell Surplus Property to the Hakone Foundation
Recommended action:
Move to authorize the sale of 1995 Chevrolet S-10 Pick-up previously declared
surplus by the City.
6. Adopt the Amendment to City Code Procedures for Setting Appeal Hearings
Recommended action:
Waive the Second Reading and adopt the Proposed Ordinance Amendment.
7. Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project (Federal Project
STPL-5332-010) -Notice of Completion
Recommended action:
Move to accept the Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2
Project as complete and authorize staff to record the Notice of Completion for the
construction contract.
8. Saratoga Village Parking and Valet Service Report – Approval of Motor Vehicle
Resolutions
Recommended action:
1. Accept report and provide direction to staff.
2. Approve Motor Vehicle Resolution replacing “15 Minute Parking 9:00 AM –
10:00 PM” in front of 14577 Big Basin Way (APN: 503-25-007) with “15 Minute
Parking” 9:00 AM – 6:30 PM”.
3. Approve Motor Vehicle Resolution replacing Commercial Loading Zone in front
of 14527 Big Basin Way, APN: 503-24-029 with “Two Hour Parking”.
2
4. Approve Motor Vehicle Resolution replacing “15 Minute Parking” in front of
14444 Big Basin Way (APN: 503-24-008) with “Two Hour Parking”.
9. Agreement Concerning Joint Use of Campbell Union High School District Property
(Prospect High School)
Recommended action:
Approve Joint Use Agreement with Campbell Union High School District for use of
District Property and authorize the City Manger to execute the same.
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
10. Appeal APCC08-0002 – Appeal of a Design Review Approval by the Planning
Commission (Design Review Application PDR07-0016) to Construct a New Two-
Story Single-Family Residence at 20731 Saint Charles Street
Recommended action:
Staff recommends the City Council deny the appeal, thus approving the proposed new
two-story residence.
11. Hearing to Consider Adoption of a Resolution of Necessity (Eminent Domain) for the
Acquisition of an Easement in Pacific Gas & Electric Right of Way for Joe’s Trail at
Saratoga De Anza
Recommended action:
Adopt a Resolution of Necessity making the appropriate findings and authorizing the
initiation of eminent domain proceedings to acquire an easement necessary for Joe’s
Trail at Saratoga De Anza (“Project”).
12. Amendment to Valet Parking Ordinance to Eliminate Annual Review Requirement
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
None
NEW BUSINESS
13. Recommendation to convert the Neighborhood Resource Officer (NRO) Position to a
School Resource Officer (SRO) position
Recommended action:
Convert the existing NRO position provided by the Santa Clara County Sheriff's
Office to an SRO position and, if needed, revise the existing contract with the
Sheriff's office to reflect this change.
3
14. Heritage Orchard Oversight
Recommended action:
Accept report and direct staff accordingly.
15. City of Saratoga Code of Ethics and Values
Recommended action:
Review and approve, modify, or deny adoption of the attached Code of Ethics and
Values for the City of Saratoga.
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 Managers 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
Airport Land Use Committee
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 July 10,
2008, at 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 10th day of July 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
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 16, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson
SUBJECT: Presentation on Measure A – 2008
RECOMMENDED ACTION:
Informational only.
REPORT SUMMARY:
Christopher Wilder, Executive Director of the Valley Medical Center Foundation will give a 5-
minute presentation on "Measure A". This measure was placed on the November 2008 ballot by
the Santa Clara County Board of Supervisors, and it would raise $840 million if passed in
November by two-thirds of the voters in Santa Clara County. The actual ballot language, which
explains why in addition to what, is contained in the one-page endorsement form attached.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of agenda.
ATTACHMENTS:
1) Santa Clara County Medical Center Seismic Safety
2) Measure A 2008
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20
YYYeeesss ooonnn MMMEEEAAASSSUUURRREEE AAA 222000000888 VVVMMMCCC SSSeeeiiisssmmmiiiccc SSSaaafffeeetttyyy CCCooommmmmmiiitttttteeeeee
YES, ____________________________ supports and endorses MEASURE A, “Hospital
seismic safety and medical facilities” with ballot language to read:
“To prevent the state mandated shutdown of half of Santa Clara Valley Medical
Center’s beds, closure of SCVMC’s trauma, burn center; and, loss of disaster
response, by rebuilding, and improving earthquake safety of the hospital, meeting
state seismic laws, and help replace closed medical facilities in downtown San Jose,
shall the county of Santa Clara issue $840 million in general obligation bonds with
independent citizens’ oversight committee, annual audits, and no money for
administrators’ salaries?”
I/we will help this growing coalition to ensure Measure A passes on November 4,
2008, and will commit to the following:
Endorsing Measure A and allowing my name/name of my organization to be
used in official campaign materials.
Contributing _______________ to the VMC Seismic Safety Committee.
Joining a speakers bureau
Writing/signing letters for publication in Bay Area media.
Phone banking, precinct walking, or “get out the vote” efforts near election
day
Other ___________________________________________________________
Name_____________________________Agency_____________________________
Mail_________________________________email_____________________________
Phone___________________
For more information about this critical effort to protect the health of our community, please
call 408/315-9666 or email wilder.chris@vmcmatters.com
VMC Seismic Safety Committee – 2400 Moorpark Ave., Box 201, San Jose CA 95128
21
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson
SUBJECT: Code of Ethics Study Session – Minutes – June 24, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following:
Study Session – June 24, 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 24, 2008
22
MINUTES
SARATOGA CITY COUNCIL STUDY SESSION – CODE OF ETHICS
JUNE 24, 2008
Mayor Waltonsmith called the meeting to order at 6:00P.M.
Councilmembers adjourned to Closed Session.
The City Council held a Code of Ethics Study Session at 6:45 p.m. in the Administrative Conference Room.
Mayor Waltonsmith called the Study Session to order at 6:45P.M.
Mayor Waltonsmith announced no reportable items from Closed Session.
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
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 19, 2008.
Mayor Waltonsmith stated the Study Session was scheduled at the request of Council to discuss Code of Ethics.
City Manager Dave Anderson noted Council had listened to a Code of Ethics presentation at the April 2, 2008
Council meeting and at that meeting Council directed staff to schedule a Study Session for further discussion on
this subject.
Council members viewed various hand out materials including:
o The Why’s and How’s of Campaign Ethics
o Campaigning Effectively for Local Office
o City of Santa Clara’s Code of Ethics
o The Pledge of Fair Campaign Practices
o American Association of Political Consultants Code of Professional Ethics
o California Code of Fair Campaign Practices
COUNCIL DISCUSSION ON CODE OF ETHICS FOR CITY OFFICIALS -
Council discussed a number of matters pertaining to ethical norms and behaviors in City government and felt
that the public does expect their elected officials to abide by ethical behavior and rules at all times.
23
City Attorney Richard Taylor noted that a League of California Cities studies show that the public doesn’t have
confidence in public officials. He stated that by having an adopted code of ethics for public officials is a way to
let the public know you are interested in the ethics policy.
Council engaged in lengthy discussion about ethics and values, reviewed the hand outs and felt that the
Code of Ethics adopted by the City of Santa Clara contained many of the ethics and values needed to promote
and maintain the highest standards of personal and professional conduct in the City’s government. In addition,
Council stated an adopted Code of Ethics for the City of Saratoga included all elected and appointed officials,
City employees, volunteers, and others who participate in the City’s government are required to subscribe to
this Code, understand how it applies to their specific responsibilities, and practice its core values in their work.
DISCUSSION ON COUNCIL POLICIES -
City Manager Dave Anderson stated currently the Saratoga City Council Policies does not have a section on
decorum for its elected officials; however, there is decorum for the audience.
Council suggested the following council decorum rules should be implemented in the Council Policies:
o Be respectful to fellow council members when in public (gestures, facial expressions, eye rolling).
o Try not to use acronyms; without explanation to the public.
o Insure council members or alternates attend council assignments.
o Councilmembers should not engage in debating with members of the public during public meetings.
o Be succinct and direct.
o Do not interrupt someone who is speaking.
DISCUSSION ON COUNCIL CANDIDACY ELECTION ETHICS -
The study session discussion also considered matters pertaining to ethics and City elections and agreed that the
2008 Council election candidate binders should contain a voluntary pledge of fair campaign practices. Because
council candidacy papers for the November, 2008 election will be available on July 14, 2008, Council desired
an expedited adopted resolution establishing a voluntary pledge of fair campaign practices and to make Council
adopted election materials available to potential candidates by July 14, 2008.
Council considered three matters pertaining to ethics and standards for City elections:
Pledge of Fair Campaign Practices –
State law requires the City Clerk to provide each candidate with a blank form “Code of Fair Campaign
Practices”. Completion of the form is voluntary. The League of California Cities has prepared an alternative
version of the code titled a “Pledge of Fair Campaign Practices” and recommends that cities consider invite
candidates to complete this form as well; again, this would be on a voluntary basis. Council also discussed the
contents of the Code of Professional Ethics for the American Association of Political Consultants.
Additional Candidate Forum –
Council discussed a program recently instituted by the City of Santa Clara. The City of Santa Clara sponsors
two candidate forums during the election season. The last forum – known as the “Final Word Forum” – is held
on the evening before Election Day. Council stated they would like that program implemented in the City of
Saratoga as well and that staff should contact the League of Women Voters to see if they could 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.
Fair Campaigning Resource –
Council discussed the contents of “The Institute of Local Government” 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”. Council noted the City Clerk could provide the table of contents to
24
potential Council candidates and post a link to the guide on the City website or print out the entire guide and the
City Clerk could include it in the council candidate binder.
COUNCIL DIRECTION TO STAFF:
o Prepare a staff report with a proposed code of ethics and standards for City elections for the next
Council meeting; which is July 2, 2008.
o Return with a proposed code of ethics for city officials, city employees and city volunteers at the July
18, 2008 Council meeting.
o Contact the League of Women Voters regarding an additional candidate forum to be held the evening
preceding the election.
o Add the Code of Ethics to the city website category “About Saratoga” once the City of Saratoga Code of
Ethics is adopted.
o Consider including a link on the City website to The Institute for Local Government publication titled
“Campaigning Effectively for Local office: Good People Can Finish First.”
Meeting adjourned at 8:55P.M.
Respectfully submitted:
Ann Sullivan
Acting City Clerk
25
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 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 – July 2, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – July 2, 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 July 2, 2008
26
MINUTES
SARATOGA CITY COUNCIL MEETING
JULY 2, 2008
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room, 13777 Fruitvale Avenue at 5:15 p.m.
Mayor Waltonsmith called the meeting to order.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Initiation
of litigation pursuant to Government Code Section 54956.9(c): (1 potential case)
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Existing
litigation pursuant to Government Code Section 54956.9(a) Singer v. State of California,
et al. (Santa Clara County Superior Court Case No. 108CV113570.)
ADJOURNED TO CLOSED SESSION
The City Council held a Joint Meeting at 6:00 p.m. with the Historical Foundation and
Heritage Preservation Commission (HPC) in the Administrative Conference Room.
Mayor Waltonsmith called the Regular City Council meeting to order at 7:00PM and led
the Pledge of Allegiance.
MAYORS REPORT ON CLOSED SESSION
Mayor Waltonsmith stated there was no reportable information.
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
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for this meeting was properly posted on June 26, 2008.
ORAL COMMUNICATIONS
The following people requested to speak at tonight’s meeting:
Citizen Ray – spoke about the 1.7 million Grant for the Highway 9 project and expressed
his concerns regarding accounting issues of this grant and the funding for completion of 27
2
Phase II and III of the project. In addition, he commended Director Cherbone for his
work on the redesign of the intersection at Highway 9 and Austin Way.
Cary Matsuoka – Superintendent of Saratoga Los Gatos Union School District addressed
the Council on the issue of funding consideration for the School Resource Officer
position.
The following people spoke in support of the School Resource Officer funding:
Emily Lo
Hong Tai
Katherine Tseng
Charlotte Sparacino
Donna Paisley
COUNCIL DIRECTION TO STAFF
Councilmember King – requested staff agendize the School Resource Officer position for
discussion at the next Council meeting.
Vice Mayor Page – seconded this request and suggested staff provide the history on the
School Resource Officer position and the Neighborhood Resource Officer and the
specific job functions.
Councilmember Hunter – asked that staff work with the school districts regarding their
commitment to the funding of a School Resource Officer position.
Mayor Waltonsmith – concurred that staff speak with the school districts regarding
coordination of funding for the requested position of a School Resource Officer. In
addition, the Mayor asked Public Works Director John Cherbone if he had any reportable
information regarding the accounting issues Citizen Ray brought up.
Director Cherbone stated the Highway 9 project is moving forward and they are waiting
for an accounting of the funds and the reallocation of funds back to Phase II of the
project.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Peter Mara, Vice Chair of Heritage Preservation Commission (HPC), stated they had a
joint meeting with Council prior to the Council meeting and that they reviewed the
HPC’s vision and goals for the next year regarding the historical aspects of the City of
Saratoga. The Commission is looking forward to their next meeting with the Council
where they plan to talk more in depth about the functions of the HPC.
Jack Mallory, Historical Foundation representative, addressed the Council on the increase
in membership of the Foundation. He stated currently there are 233 members – a 45%
increase in membership in the last year. He stated the Foundation is a non-profit and
raises money through grants, donations and memberships as well as some funding from
the City. He stated they are very active in community events, such as participation in the
Annual Mustard Faire. Other successful programs included – Remembering the Old
28
3
Saratoga, and Lives of the Ohlone Indians in the Community. He noted the importance of
continued donations to help fund the Historical Museum in the Village.
ANNOUNCEMENTS
Vice Mayor Page: Fourth of July Celebration from 10:00 to 11:30 at Azule Park on July
4, 2008.
Councilmember Hunter: Two upcoming dances in the Bank of America parking lot in the
Village on July 19 and August 2nd at 5:30p.m.
Mayor Waltonsmith: Silicon Valley Association of Realtors fund raiser event – San Jose
Giants versus Modesto Nuts baseball game on August 3rd at 5:00p.m. The Mayor also
announced she was dedicating this council meeting to celebrating our country’s birthday
on the 4th of July and asked that citizens dedicate themselves to promoting an act of
democracy, citizenship and volunteerism to help build our communities.
CEREMONIAL ITEMS
1. PROCLAMATION RECOGNIZING JULY AS PARKS AND RECREATION
MONTH IN THE CITY OF SARATOGA
STAFF RECOMMENDATION:
Acknowledge proclamation.
Mayor Waltonsmith read the proclamation and presented it to Tom Soukup, Chair of
the Parks and Recreation Commission.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2. CITY COUNCIL MINUTES – JANUARY 18, 2006
STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor Page and Councilmember Hunter requested that this item be removed
from the Consent Calendar.
Vice Mayor Page and Councilmember Hunter stated that they submitted corrections
to the City Clerk prior to the meeting.
PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF
JANUARY 18, 2006 AS AMENDED. MOTION PASSED 5 – 0.
3. CITY COUNCIL MINUTES – APRIL 4, 2007
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STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor Page requested that this item be removed from the Consent Calendar.
Vice Mayor Page stated that he submitted corrections to the City Clerk prior to the
meeting.
PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL
4, 2007 AS AMENDED. MOTION PASSED 5 – 0.
4. CITY COUNCIL MINUTES – JUNE 18, 2008
STAFF RECOMMENDATION:
Approve minutes.
PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JUNE
18, 2008 AS AMENDED. MOTION PASSED 5 – 0.
5. TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2008
STAFF RECOMMENDATION:
Review and accept Treasurer's Report for the month ended January 31, 2008
PAGE/KING MOVED TO ACCEPT TREASURER’S REPORT FOR THE
MONTH ENDED JANUARY 31, 2008. MOTION PASSED 5 – 0.
6. TREASURER’S REPORT FOR THE MONTH ENDED FERUARY 29, 2008
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer’s Report for the month ended
February 29, 2008.
PAGE/KING MOVED TO ACCEPT TREASURER’S REPORT FOR THE
MONTH ENDED FEBRUARY 29, 2008. MOTION PASSED 5 – 0.
7. TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2008
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer’s Report for the month ended
March 31, 2008.
PAGE/KING MOVED TO ACCEPT TREASURER’S REPORT FOR THE
MONTH ENDED MARCH 31, 2008. MOTION PASSED 5 – 0.
8. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
June 12, 2008
30
5
June 19, 2008
PAGE/KING MOVED TO ACCEPT CHECK REGISTERS FOR ACCOUNTS
PAYABLE CYCLES JUNE 12, 2008 AND JUNE 19, 2008.
MOTION PASSED 5 – 0.
9. AWARD OF CONTRACT
STAFF RECOMMENDATION:
Accept report and award contract to CPO for the City’s copy machines.
PAGE/KING MOVED TO ACCEPT REPORT AND AWARD CONTRACT TO
CPO FOR THE CITY’S COPY MACHINES. MOTION PASSED 5 – 0.
10. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC
COMMITTEE LIAISON ASSIGNMENTS
STAFF RECOMMENDATION:
Adopt a resolution amending Resolution 07-076 appointing Council representatives
to Committees, Agencies and Ad hoc Committees.
Mayon Waltonsmith requested that this item be removed from the Consent Calendar
for Council to appoint a new alternate to the West Valley Solid Waste Joint Powers
Association for the remaining meetings of 2008; which are August 7th and November
6th, 2008. Councilmember Kao was nominated and accepted the position as alternate
to the West Valley Solid Waste Joint Powers Association.
RESOLUTION: 08-044
WALTONSMITH/KING MOVED TO ADOPT A RESOLUTION AMENDING
RESOLUTION 07-076 APPOINTING COUNCIL REPRESENTATIVES TO
COMMITTEES, AGENCIES AND ADHOC COMMITTEES. MOTION
PASSED 5 – 0.
11. AUTHORIZATION FOR LOCAL AGENCY INVESTMENT FUND (LAIF) TO
LINK THE CITY’S INVESTMENT FUND TO THE CITY’S PAYROLL
BANK ACCOUNT
STAFF RECOMMENDATION:
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.
RESOLUTION: 08-048
PAGE/KING MOVED TO 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. MOTION
PASSED 5 – 0.
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6
12. VACATION OF UPPER OLD OAK WAY STREET
STAFF RECOMMENDATION:
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).
RESOLUTION: 08-045
PAGE/KING MOVED TO ADOPT RESOLUTION VACATING A PORTION
OF OLD OAK WAY STREET. MOTION PASSED 5 – 0.
RESOLUTION: 08-046
PAGE/KING MOVED TO ADOPT RESOLUTION ACCEPTING OFFER OF
DEDICATION FOR PEDESTRIAN/EQUESTRIAN TRAIL PURPOSES.
MOTION PASSED 5 – 0.
PUBLIC HEARINGS
13. AMENDMENT TO CITY CODE PROCEDURES FOR SETTING APPEAL
HEARINGS
STAFF RECOMMENDATION:
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.
City Attorney Richard Taylor presented the staff report. He noted the proposed
changes to the existing Ordinance regarding public hearings:
o Upon the filing of a notice of appeal and payment of the appeal fee, the City
Clerk shall schedule the matter for a proposed hearing date within two
business days and notify the applicant and appellant of the scheduled hearing
date;
o The City Clerk must schedule the public hearing date within 30 days of the
filed appeal and if it is impossible to schedule the hearing within 30 days due
to the council meeting schedule or legal noticing requirements, the City Clerk
will then schedule the hearing for the next scheduled Council meeting;
o Staff can no longer grant an appeal continuance a week or hours before a
scheduled public hearing;
o Staff can grant a continuance only if the continuance request is submitted a
minimum of 14 days before a scheduled public hearing;
o Council would still have the ability to grant a continuance if someone
requested a continuance during the public hearing.
Vice Mayor Page asked for clarification on business day scheduling for staff and
calendar day scheduling for appellant and/or applicant.
32
7
City Attorney Taylor stated the business day pertains to everything the City Clerk is
required to do and everything else would be under the calendar day requirements.
Mayor Waltonsmith opened the public hearing.
No one was present to speak on this item.
Mayor Waltonsmith closed the public hearing.
KING/PAGE MOVED TO APPROVE THE PROPOSED 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. MOTION PASSED 5 – 0.
OLD BUSINESS
14. JOAN PISANI COMMUNITY CENTER SIGN DESIGN AND PLACEMENT
STAFF RECOMMENDATION:
Approve design and placement of sign for Joan Pisani Community Center.
Recreation Department Director Michael Taylor presented the staff report.
Director Taylor noted if Council approves the proposed sign design the new sign
would be placed in the exact location of the old sign.
PAGE/KAO MOVED TO APPROVE THE DESIGN AND PLACEMENT OF
SIGN FOR JOAN PISANI COMMUNITY CENTER. MOTION PASSED 5 – 0.
NEW BUSINESS
15. SARATOGA COMMUNITY BAND FEE WAIVER REQUEST
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Recreation Department Director Michael Taylor presented the staff report.
Mayor Waltonsmith invited public comment; seeing none the Mayor closed the
public comment.
Staff Direction:
Pay the fee for the Community Band to perform at Wildwood Park from the
Community Building Fund for up to a total of three performances and encourage the
Parks and Recreation Commission to research this as an on-going community event
that involves other bands if they are interested.
33
8
PAGE/KAO MOVED TO APPROVE PAYMENT OF THE COMMUNITY
BAND FEE FROM THE COMMUNITY BUILDING FUND. MOTION
PASSED 5 – 0.
16. CITY COUNCIL ELECTION ETHICS AND STANDARDS
STAFF RECOMMENDATION:
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."
City Attorney Richard Taylor presented the staff report and explained to Council that
they were being asked to review, modify or deny the proposed ethics and standards
for City elections.
Mayor invited public comment; seeing none the Mayor closed the public comment.
Council discussed and gave direction regarding the three staff recommendations
above:
Item 1 – No modifications
Item 2 – If the League of Women Voters is in agreement to hold a second candidate
forum call it “The Final Word Forum” and if other agencies such as the school
district would like to participate, the Council Candidate discussion would be first on
the agenda; and if a second forum is not available through the League of Women
Voters, the item would be brought back to Council with alternatives.
Item 3 – Include a printed copy of publication in the Council Candidacy Election
Binders and in the same section include link to State Ethics Training AB 1234.
RESOLUTION: 08-047
KAO/PAGE MOVED TO APPROVE RESOLUTION ADOPTING A
PROPOSED PLEDGE OF FAIR CAMPAIGN PRACTICES. MOTION
PASSED 5 – 0.
KING/PAGE MOVED TO DIRECT 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. MOTION PASSED 5 – 0.
PAGE/KAO MOVED TO DIRECT 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”. MOTION
PASSED 5 – 0.
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17. COMER DRIVE RETAINING WALL REPLACEMENT
STAFF RECOMMENDATION:
Adopt Resolution Amending the FY 2008-09 Budget for Retaining Wall Repair Work
on Comer Drive.
Mayor Waltonsmith invited public comment; seeing none, she closed the public
comment.
After Council discussion regarding funding options for replacement of the retaining
wall on Comer Drive, Council agreed to:
o Transfer $200,000 from the Economic Uncertainty/Hillside Repair Fund
o Maintain 1.5 million dollars in Economic Hillside Fund
o Create a 2-year pay back policy
o Implement a Budget Policy to use surplus from Undesignated Fund Balance at
the end of the fiscal year to fund the Economic Uncertainty Hillside Fund
RESOLUTION: 08-049
PAGE/KAO MOVED TO ADOPT RESOLUTION AMENDING THE FY 2008-
09 BUDGET FOR RETAINING WALL REPAIR WORK ON COMER DRIVE.
MOTION PASSED 5 – 0.
18. LCC ANNUAL CONFERENCE
STAFF RECOMMENDATION:
Designate a voting delegate and alternate for the League’s Annual Conference.
Vice Mayor Chuck Page and City Manager Dave Anderson stated they will be
attending the annual LCC Annual Conference September 24 – 27, 2008. Council
designated Vice Mayor Page to be the LCC Voting Delegate and City Manager Dave
Anderson to be the alternate.
KING/PAGE MOVED TO DESIGNATE VICE MAYOR PAGE AS THE
VOTING DELEGATE AT THE LEAGUE OF CALIFORNIA’S ANNUAL
CONFERENCE SEPTEMBER 24-27 AND DESIGNATED CITY MANAGER
DAVE ANDERSON THE ALTERNATE VOTING DELEGATE. MOTION
PASSED 5 – 0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith – reported:
SASCC – held a potluck lunch on July 2, 2008.
Sister City Liaison – The daughter of Muko Shi’s Mayor will be one of the Sister City
exchange students visiting in August 2008.
Saratoga Amateur Radio Association (SARA) – stated she attended SARA’s field day last
weekend and that last year they came in second in the United States in the number of
radio contacts made. They were trying to take first place this year and go for the gold;
the results won’t be known until later.
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Councilmember Jill Hunter - reported:
Village AdHoc – met with two landscape architects for the Village beautification project
and it was a very enlightening meeting. She stated they have a 1.2 million grant and
sidewalk funds to work with.
Vice Mayor Chuck Page – reported:
West Valley Sanitation District – will meet next week.
Village AdHoc – noted the 1.2 million dollars referred to by Councilmember Hunter is
slated for sidewalk improvement and safety; which in turn can result in Village
beautification.
Valley Transportation Authority PAC – noted he was unable to attend the last meeting
and that Councilmember King attended the meeting.
Councilmember Kathleen King – reported:
Peninsula Division, League of California Cities – the annual Peninsula Division dinner
meeting is scheduled for July 31st and encouraged Council members to attend.
Santa Clara County Cities Association – currently working on banning use of plastic
bags; Santa Clara County adopted a new city code where restaurants that have more than
14 locations throughout California must note the caloric count on menu items. Supervisor
Liz Kniss encourages all 15 cities to consider adopting this same code in our cities, once
we see what happens with the City of San Francisco.
City School AdHoc – Campbell High School District has approved an addendum to the
contract extending the length and useage of the contract and leaving it up to school
district staff to work out the details. (Public Works Director John Cherbone confirmed
this and noted it may be brought back to Council at the next meeting for discussion.)
Councilmember Aileen Kao – reported:
County HCD Policy Committee – attended Airport Land Use meeting last week, which
was a workshop meeting. She stated every other month is a workshop meeting where the
discussion is about policies.
CITY COUNCIL ITEMS
Mayor Waltonsmith – agendize for discussion the operation of the Historical Orchard
from Heritage Preservation Commission to Parks and Recreation Commission; and
discussion of funding for possible SRO position.
Councilmember King – stated Supervisor Liz Kniss asked if she could be agendized on
the next council meeting to give a presentation on the new hospital bond that is on the
November election ballot.
Councilmember King also stated she had previously asked to agendize the 2005 Budget
Cuts for discussion and was now willing to move that item to future items; after the State
Budget cuts become known.
In addition, she asked for an update on the fence ordinance and Director Livingstone
stated he will provide an update in the weekly Council Newsletter.
CITY MANAGER’S REPORT
None
36
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ADJOURNMENT
There being no further business PAGE/KAO MOVED TO ADJOURN THE
MEETING AT 9:30P.M. MOTION PASSED 5 – 0.
Respectfully submitted,
Ann Sullivan, CMC
Acting City Clerk
37
Dave Anderson
Melanie Whittaker
RECOMMENDED ACTION:
That the City Council accepts the Check Registers for the following Accounts Payable payment cycles:
June 26, 2008
July 03, 2008
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending Check
No.
06/26/08 108157 108208 52 $395,643.47 06/26/08 06/19/08 108156
07/03/08 108210 108283 74 $133,235.79 07/03/08 06/26/08 108208
07/03/08 110001 110011 11 $17,520.00 07/03/08
Total $546,399.26
AP Date Check No. Issued to Dept.Amount
07/03/08 108230 Various $17,126.01
07/03/08 108236 CIP $10,349.36
The following is a list of Accounts Payable checks that were voided or manually issued:
AP Date Check No. Issued to Amount
6/24/2008 108070 Hsiao, Monica (240.00)
6/24/2008 108151 (2,090.63)
7/1/2008 108209 Datapath Card Services Deposit - Emp Flex Spending 3,000.00
SARATOGA CITY COUNCIL
MEETING DATE:July 16, 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
Accounts Payable
New Financial System
Gachina Landscape Various Landscape Maintenance
HydroTec Irrigation Alternative Soccer Field Sprinkler Install WV College
Description
Valley Crest Tree Care Void - Reissue
Void - Reissue
38
The following is a list of cash reduction by fund:
Fund #AP 6/26 AP 7/03 Total
001 General 347,940.46 92,686.37 440,626.83
201 Manor Drive Landscape 160.00 160.00
202 Ferdericksburg Landscape 64.41 132.00 196.41
203 Greenbriar Landscape 399.00 399.00
204 Quito Lighting -
205 Azule Lighting -
206 Sarahills Lighting -
207 Village Lighting 890.94 890.94
209 McCartysville Landscape 215.00 215.00
210 Tricia Woods Landscape 75.00 75.00
211 Arroyo de Saratoga Landscape 85.00 85.00
212 Leutar Court Landscape 85.00 85.00
215 Bonnet Way Landscape 127.00 127.00
216 Beauchamps Landscape 85.00 85.00
217 Sunland Park Landscape 340.00 340.00
222 Prides Crossing Landscape 690.00 690.00
224 Village Commercial Landscape -
225 Saratoga Legends Landscape 926.13 926.13
226 Bellgrove Landscape 474.43 1,985.00 2,459.43
227 Cunningham/Glasgow Landscp 145.00 145.00
228 Kerwin Ranch Landscape 340.00 340.00
229 Tollgate LLD 90.00 90.00
231 Horseshoe Landscape/Lighting 320.00 320.00
232 Gateway Landscape 245.00 245.00
233 Carnelian Glen 135.00 135.00
270 CDBG Administration -
271 Saratoga Housing & Rehab.Prg.-
290 Recreation Spec Rev Fund 600.00 600.00
320 Library Expansion Cap Prg.-
400 Library Bond Debt Service -
501 Equipment Replacement ISF 21,900.00 21,900.00
502 Information Technology 1,374.80 1,374.80
503 Facility Improvement 2,380.73 608.21 2,988.94
504 Facilities 393.86 5,250.16 5,644.02
505 Information Technology 98.95 644.90 743.85
506 Office Stores Fund 528.84 528.84
510 Liability/Risk Mgt 450.00 450.00
511 Workers' Comp -
701 Traffic Safety -
702 Highway 9 Safety -
704 -
706 Sidewalk Annual Project -
708 -
Fund Description
Annual Street Resurfacing
Saratoga Sunnyvale PH 2
39
The following is a list of cash reduction by fund: (cont.)
Fund #AP 6/26 AP 7/03 Total
716 Highway 9/Oak Pedestrain -
720 KSAR/CATV Agency Fund -
724 Village Newsrack Enclosures 2,219.84 2,219.84
726 2 Solar Radar Feedbacks -
727 El Quito Area Curb Replacement -
731 Storm Drain Upgrades -
732 Median Landscape/Irrigation 2,630.00 2,630.00
734 Civic Center Landscape -
735 Village Lights (Zone 7A)-
736 Village Trees Lighting -
738 Cox Ave Railroad Crossing -
739 2,137.30 2,137.30
744 Village Sidewalk, Curb/Gutter -
746 Saratoga-Sunnyvale Gateway -
747 -
748 El Ca Grante/Monta Vista -
749 Sara-Sun Gateway Sidewalk -
751 Financial System Upgrade -
752 -
755 Warner Hutton House Improv.-
760 Facility Projects 3,945.54 3,945.54
761 -
762 North Campus/19848 Prospect 3,950.00 5,062.66 9,012.66
766 Historical Park Fire Alarm 672.00 672.00
778 -
780 -
783 -
785 590.00 590.00
786 -
788 -
789 -
790 9,990.00 6,532.01 16,522.01
791 245.15 1,550.00 1,795.15
792 16,599.37 16,599.37
793 -
794 10,229.20 10,229.20
795 -
796 -
797 San Marcos OP Space Trail -
395,463.47 153,755.79 549,219.26
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
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
40
ATTACHMENTS:
Check Registers in the A/P Checks By Period and Year report format
41
42
43
44
45
46
47
48
49
50
51
52
53
54
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM: ___
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: DEPT HEAD:
John Cherbone John Cherbone
SUBJECT: Authorization to sell surplus property to the Hakone Foundation.
RECOMMENDED ACTIONS:
Move to authorize the sale of 1995 Chevrolet S-10 Pick-up previously declared surplus by the
City.
REPORT SUMMARY:
When the City purchases new vehicles normally the vehicles being replaced are declared surplus
and either are sent to auction or used as trade in value.
The Hakone Foundation is in need of a maintenance vehicle (small truck) and it happens that the
City has a pick-up truck (Vehicle #83) that will meet Hakone’s needs, which was previously
declared surplus by the City Council. The pick-up truck was slated for auction, but the City has
the option of selling the vehicle for fair market value.
The fair market value of the vehicle is $1,505 (Attachment 1), which Hakone has agreed to pay.
FISCAL IMPACTS:
The revenue from the purchase will be placed into the City’s vehicle replacement fund
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The sale of the pick-up truck would not be authorized and staff will send the vehicle to auction.
Staff does not anticipate a higher selling price at auction.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
55
2 of 2
The pick-up truck will be sold to Hakone and ownership transferred to the Hakone Foundation.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None additional.
ATTACHMENTS:
1. Kelly Bluebook Value.
56
57
58
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John F. Livingstone, AICP
________________________________________________________________________
SUBJECT: Adopt the Amendment to City Code Procedures for Setting Appeal Hearings
________________________________________________________________________
RECOMMENDED ACTION:
Waive the Second Reading and adopt the Proposed Ordinance Amendment.
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.
BACKGROUND: On July 2, 2007, the City Council conducted a public hearing, introduced the
ordinance, and voted to place the ordinance on consent for adoption.
ALTERNATIVE ACTION:
1. Deny the proposed ordinance amendment;
2. Modify the proposed ordinance amendment.
FOLLOW UP ACTION: 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.
ATTACHMENTS:
Proposed Ordinance
1
59
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
2
60
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.
3
61
(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:
4
62
5
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
63
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
SUBJECT: Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project (Federal
Project STPL-5332-010) -Notice of Completion
RECOMMENDED ACTION:
Move to accept the Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project as complete and
authorize staff to record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work for the Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project has been completed
by the City’s contractor, Bortolotto, and has been inspected by Public Work’s staff. The scope of work
this work included furnishing all materials, equipment, and labor to install asphalt overlay and re-stripe
segments of public roadway along Saratoga-Sunnyvale Road between the Blauer Drive and Herriman
Ave.
The original contract award amount was $555,480, with change order authority of $44,520. Additionally,
change order authority for extra work was approved in the amount of $150,000 to complete work not
completed by El Camino Paving. The final contract amount of $729,397.94 is within the Council
approved budget.
Project Summary:
Approved Project Budget: $750,000.00
Contract Award Amount: $555,480.00
Contingency & Change Order Amount: $194,520.00
Final Contract Amount: $729,397.94
In order to close out the construction contract and begin the one-year maintenance/warranty period, it is
recommended that the Council accept the project as complete. Further, it is recommended that the
Council authorize staff to record the attached Notice of Completion for the construction contract so that
the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may
commence.
Page 1 of 2
64
Page 2 of 2
FISCAL IMPACTS:
This project has been paid for through the adopted Pavement Management Program CIP funding. The
final contract amount of $729,397.94 will be reimbursed through the Federal STP grant at an amount of
$367,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project would not be accepted as complete and staff would notify the contractor of any additional
work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
Staff will record the Notice of Completion for the construction contracts and release the contract sureties
and retentions thirty days thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional
ATTACHMENTS:
1. Notice of Completion for the Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project.
65
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 11th
day of June, 2008.
Contract Number: N/A
Contract Date: November 8th, 2007
Contractor’s Name: Bortolotto & Co., INC.
Contractor’s Address: 582 Bragato Rd, San Carlos, CA 94070-6227
Description of Work: Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project
(Federal Project STPL-5332-010)
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the
same is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on___________________, 2008.
CITY OF SARATOGA
BY:____________________________ ATTEST:____________________________
Dave Anderson Ann Sullivan, Acting City Clerk
City Manager Gov. Code 40814
66
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: DEPT HEAD:
John Cherbone, PW Director John Cherbone, PW Director
SUBJECT: Saratoga Village Parking and Valet Service Report – Approval of Motor Vehicle
Resolutions
RECOMMENDED ACTION(S):
1. Accept report and provide direction to staff.
2. Approve Motor Vehicle Resolution replacing “15 Minute Parking 9:00 AM – 10:00 PM” in
front of 14577 Big Basin Way (APN: 503-25-007) with “15 Minute Parking” 9:00 AM – 6:30
PM”.
3. Approve Motor Vehicle Resolution replacing Commercial Loading Zone in front of 14527 Big
Basin Way, APN: 503-24-029 with “Two Hour Parking”.
4. Approve Motor Vehicle Resolution replacing “15 Minute Parking” in front of 14441 Big Basin
Way (APN: 503-24-008) with “Two Hour Parking”.
REPORT SUMMARY:
This report is follow-up to the Village Parking Survey and Valet Service Evaluation report
discussed at the June 18th City Council Meeting.
Village Parking Follow-Up
Council directed staff to discuss the proposed on-street parking restriction changes with additional
Village merchants who may be impacted by the changes.
Staff was successful in contacting these merchants to discuss the changes, which resulted in the
following modifications to the proposed on street parking restrictions discussed at the June 18th
City Council Meeting:
67
• “15 Minute Parking 9:00 AM – 10:00 PM” in front of the French Tailor
The owner of the business indicated that patrons, on occasion, solicit their business after
their posted 6:00 P.M. closing time and would like the ending time of the restriction to be
6:30 PM.
• Reduction in length of Commercial Loading Zone in front of the Plumed Horse
The owner of the business was not in favor of any modifications to the loading zone.
All other on-street parking restriction proposals were accepted by the merchants without
modifications. The attached Motor Vehicle Resolutions (Attachments 2-4) reflect the feedback
given by the merchants.
Village Valet Service Follow-Up
City Council directed that the annual review stipulation in the City Code regulating Valet Service
be removed from the ordinance. The City Attorney has prepared a report regarding the ordinance
change via a separate agenda item.
In addition, the City Council directed that the City Traffic Engineer performed an analysis of U-
turns in the Village at specific intersections (Attachment 4).
FISCAL IMPACTS:
Staff time and material costs for new signs and paint.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Depends on City Council direction.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will follow-up on Village parking issues based on City Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Specific merchants in the Village were contacted per City Council direction.
68
ATTACHMENTS:
1. Motor Vehicle Resolution replacing “15 Minute Parking 9:00 AM – 10:00 PM” in front of
14577 Big Basin Way (APN: 503-25-007) with “15 Minute Parking” 9:00 AM – 6:30 PM”.
2. Motor Vehicle Resolution replacing Commercial Loading Zone in front of 14527 Big Basin
Way, APN: 503-24-029 with “Two Hour Parking”.
3. Motor Vehicle Resolution replacing “15 Minute Parking” in front of 14441 Big Basin Way
(APN: 503-24-008) with “Two Hour Parking”.
4. City Traffic Engineer Memo regarding U-turns in the Village.
69
RESOLUTION NO. MV______
RESOLUTION CHANGING PARKING RESTRICTION ON BIG BASIN WAY
The Cit y Council of the Cit y o f Saratoga hereby resolves as fo llows:
I. Based upon an engineering and traffic study, the following parking
restrictions shall be designated on Big Basin Way in the location specified
below:
NAME OF
STREET
LOCATION RESTRICTION
Big Basin Way 14577 Big Basin Way
(APN: 50325007)
15 Minute Parking
9:00 AM – 6:30 PM
II. All prior resolutions other enactments imposing a parking restriction at the
location specified above are hereby repealed to the extent of their inconsistency
with the restriction specified above.
III. This reso lution shall beco me effective at such time as the signs and/or
markings are installed.
The above and foregoing reso lut ion was passed and adopted by the Cit y Council of the
Cit y of Saratoga at a regular meet ing held on the 16th day of July, 2008, by the fo llowing
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Ann Waltonsmit h, Mayor
ATTEST:
____________________________
Ann Sullivan, Acting Cit y Clerk
70
14577 Big Basin Way Parking Restr iction
0 25 50 75 10012.5
Feet N
B i g B a s i n W a y
5th Stre
et
Red Curb
TextTwo 15-Minute
Parking Spaces
2-Hour
Parking
B i g B a s i n W a y
Change Existing 15-Minute Parking limit from
9:00 A.M. - 10:00 P.M. to 9:00 A.M. - 6:30 P.M.
71
RESOLUTION NO. MV______
RESOLUTION CHANGING PARKING RESTRICTION ON BIG BASIN WAY
The Cit y Council of the Cit y o f Saratoga hereby resolves as fo llows:
I. Based upon an engineering and traffic study, the following parking
restrictions shall be designated on Big Basin Way in the location specified
below:
NAME OF
STREET
LOCATION RESTRICTION
Big Basin Way 14527 Big Basin Way (APN:
50324029), starting 50 feet
north from the northwest
corner of Big Basin Way and
4 th Street and continuing
north for 43 feet.
Two Hour Parking
II. All prior resolutions other enactments imposing a parking restriction at the
location specified above are hereby repealed to the extent of their inconsistency
with the restriction specified above.
III. This reso lution shall beco me effective at such time as the signs and/or
markings are installed.
The above and foregoing reso lut ion was passed and adopted by the Cit y Council of the
Cit y of Saratoga at a regular meet ing held on the 16th day of July, 2008, by the fo llowing
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Ann Waltonsmit h, Mayor
ATTEST:
____________________________
Ann Sullivan, Acting Cit y Clerk
72
73
RESOLUTION NO. MV______
RESOLUTION CHANGING PARKING RESTRICTION ON BIG BASIN WAY
The Cit y Council of the Cit y o f Saratoga hereby resolves as fo llows:
I. Based upon an engineering and traffic study, the following parking
restrictions shall be designated on Big Basin Way in the location specified
below:
NAME OF
STREET
LOCATION RESTRICTION
Big Basin Way 14441 Big Basin Way
(APN: 50324008)
Two hour parking
II. All prior resolutions other enactments imposing a parking restriction at the
location specified above are hereby repealed to the extent of their inconsistency
with the restriction specified above.
III. This reso lution shall beco me effective at such time as the signs and/or
markings are installed.
The above and foregoing reso lut ion was passed and adopted by the Cit y Council of the
Cit y of Saratoga at a regular meet ing held on the 16th day of July, 2008, by the fo llowing
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Ann Waltonsmit h, Mayor
ATTEST:
____________________________
Ann Sullivan, Acting Cit y Clerk
74
75
!!!"# $ %& "' (
MEMORANDUM
Date: July 9, 2008
To: John Cherbone, City of Saratoga, Public Works Director
From: Franziska Holtzman/Sohrab Rashid
Subject: Evaluation of U-Turns on Big Basin Way in the Village Area of Saratoga, CA
1025-446-1
Fehr & Peers completed an evaluation of U-turns on Big Basin W ay at 3rd Street, 4th Street, and
5th Street. This memorandum summarizes our findings and recommendations.
Along this segment Big Basin W ay is approximately 45 to 46 feet wide (including on-street
parking). Big Basin is a two-lane street and vehicles are likely to block traffic while waiting for an
adequate gap to make the U-turn.
We did several U-turns at the three intersections using a small passenger car and a large SUV. It
is possible to make U-turns at all three locations with one movement, though 3rd Street and 4th
Street were a little tight. 5th Street provided the most room and visibility for U-turns. It is important
to note that both vehicles essentially required using the entire intersection at all locations to
complete the maneuver because of the narrow width. Due to the higher traffic volumes
in the lower portion of the Village (closer to Saratoga -Sunnyvale Road), making U-turns at 3rd
Street and 4th Street is more disruptive to traffic flow than at 5th Street. However, most other
drivers did not expect U-turns on this two-lane street (i.e., they anticipated that our vehicles were
turning left).
Per the California Vehicle Code and confirmation from Lieutenant Neusel, U-turns are legal at 3rd
Street, 4th Street, and 5th Street. However, Fehr & Peers does not recommend any modification to
traffic flow in the Village that would increase or encourage U-turns on Big Basin Way. Therefore,
we recommend that the valet parking area for the La Fondue restaurant (currently located at the
south west corner of Big Basin W ay and 4th Street) not be relocated from 4th Street to south side
of Big Basin W ay. The relocation of the valet parking area would likely increase U-turns at 5th
Street from visitors trying to access the valet service area in front of the restaurant.
76
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: DEPT HEAD:
John Cherbone John Cherbone
SUBJECT: Agreement Concerning Joint Use of Campbell Union High School District
Property (Prospect High School)
RECOMMENDED ACTION(S):
Approve Joint Use Agreement with Campbell Union High School District for use of District
Property and authorize the City Manger to execute the same.
REPORT SUMMARY:
In December of 2006, the City and the Campbell Union High School District entered into a Joint
Use Agreement for use of their new turf field. The term of the agreement was 2 years with a
stipulation allowing five one year extensions.
With the agreement’s initial term ending this December and key parties at the District retiring, it
was decided that an early renewal of the agreement was in the best interest of both parties.
The Joint Use Agreement (Attachment 1) benefits both the City and Campbell Union High
School District. The following list provides a summary of the major agreement points that are
contained in the Joint Use Agreement:
1. Provides City access field facilities at Prospect High School for use on Saturdays and
Sundays (the original agreement only allowed Sunday use). In addition to the access to
their turf field, the new agreement allows access to their rear play field and
softball/baseball fields.
2. Provides periodic after school monitoring of Prospect High School by the County
Sheriffs
and City Code Enforcement.
3. Provides revenue to District in the amount of $35 per hour for use of each of their
facilities.
4. 5 year agreement with a 5 year automatic renewal stipulation.
77
5. Allows scheduled practices (other than Sundays or Saturdays) on play fields at a rate $35
per hour.
6. Provides rainy day policy and penalties for unauthorized use of playfields.
7. Provides ample parking at no additional cost.
8. City will provide portable restroom facilities (associated costs to be transferred to City
sanctioned user groups).
It is therefore recommended that City Council approve a Joint Use Agreement with Campbell
Union High School District property and authorize the City Manger to execute the same.
FISCAL IMPACTS:
The cost of hourly rental of the fields, administration costs, and portable restroom rental fees will
be passed on to user groups via separate agreement(s) with the City.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Joint Use Agreement would not be approved and access to Prospect High School field
facilities would not occur.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The agreement will be executed with the District.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Joint Use Agreement.
2. Exhibit A to Joint Use Agreement.
3. Exhibit B to Joint Use Agreement.
78
JOINT USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE
CAMPBELL UNION HIGH SCHOOL DISTRICT
THIS AGREEMENT, dated_______________________, (“Effective Date”) by and between
THE CITY OF SARATOGA, a municipal corporation (“City”), and CAMPBELL UNION HIGH
SCHOOL DISTRICT, (“District”), is made with reference to the following facts:
A. Whereas, the District is owner of an educational facility, located on Prospect Road,
known as Prospect High School (“the High School”), in which the District has constructed facilities,
including grass playfield(s), turf field(s), baseball/softball fields, and parking areas that are the subject
of this agreement and shown on Exhibit “A” (collectively “Use Area”).
B. Whereas, by entering into this Agreement, the community will benefit by having access
to the Use Area for City organized events, and the District will benefit by the City sharing in costs of
the Use Area.
C. Whereas, the City and District desire to execute this Agreement to establish their
respective rights and obligations concerning the use and maintenance of the Use Area as expressly
permitted by Education Code section 10900 et seq.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall become effective upon execution by the
parties for a term of five (5) years and may be renewed on the same conditions for an
additional five (5) year term.
2. Time and Terms of Use.
a. During the term of this Agreement the City shall have the right to use the Use Area
shown on Exhibit A on the days and times shown on Exhibit B (“Use Periods”) and
at such other days and times as may be mutually agreed upon by District and City,
as long as such City use does not interfere with use by the District of the Use Area.
b. Within 30 days of the Effective Date of this Agreement and by June 1st of each year
after, the City shall inform the District as to (a) the anticipated specific starting and
ending dates of its use of the Use Area and (b) the schedule for games and practices
during the Use Periods shown on Exhibit B. Such notice shall be furnished by the
City at least thirty (30) days prior to the commencement of the Use Period and shall
be adopted unless the City scheduled use of the Use Area interferes with the
District’s use of these facilities. If the City proposes Use Periods in addition to
those shown on Exhibit B, the City and District shall memorialize their agreement
on mutually agreeable dates in the form of a letter agreement signed by the City
Public Works Director (or the Director’s designee) on behalf of the City and the
Assistant Superintendent of Business Services or designee.
c. During Use Periods the City shall be entitled to the exclusive use of the grass
playfield(s), turf field(s), baseball/softball fields, and shared use of the parking
{SR041955.DOC}Page 1 of 6 005175.00001/105635v2
79
areas. Use of the parking area shall be subject to regular parking regulations. At all
other times, the Use Area shall remain open for use by the District. City may
authorize use of the Use Area pursuant to this Agreement by third parties (“Third
Party Users”) in a manner consistent with the Civic Center Act (Educ. Code §
38130 et seq.), operating pursuant to a City permit or agreement only if such use by
Third Party Users is scheduled by the City in Exhibit B and approved by Assistant
Superintendent of Business Services or designee. Any permit or agreement between
City and Third Party Users related to the Use Area shall incorporate the terms and
obligations of the City in this Agreement. City and District agree that use of the
Use Area by organized youth sports groups such as AYSO, CYSA, Saratoga Little
League and _______ is consistent with the Civic Center Act.
3. Responsibilities of City. City shall:
a. Monitor High School grounds via periodic patrols by County Sheriffs and City of
Saratoga Code Enforcement.
b. Ensure Third Party Users follow appropriate turf field maintenance practices
including:
i. Prohibition of all liquids on the artificial turf field and track with the
exception of drinking water.
ii. No food of any kind on the artificial turf field and track.
iii. District’s Administrative Regulation (AR) 7112 Care of Facilities
iv. District’s AR 3513.2 Parking
v. Other appropriate District and City Regulations
c. Provide portable restroom facilities (including scheduled sanitation service) for use
by City and Third Party Users. City shall lock these restroom facilities following
each use of the Use Area and unlock the restroom facilities at the commencement of
each use unless otherwise directed by the District.
d. Clean up litter and debris after each use of the Use Area and deposit of all garbage
in District trash containers located at each facility in the Use Area.
e. Field use monitoring at regular intervals during use periods.
f. Unauthorized use of the Use Area by City or Third Party Users may result in a
penalty as follows:
1st Penalty during season: No use of the Use Area for one week.
2nd Penalty during season: No use of the Use Area for one month.
3rd Penalty during season: No use of the Use Area for the
remainder of the season.
4. Responsibilities of District. District shall:
a. Remove trash from the trash containers located in the Use Area and clean up any
litter and debris on turf field preceding use of turf field by City.
{SR041955.DOC}Page 2 of 6 005175.00001/105635v2
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b. Attend a pre-season meeting with City for a preseason inspection of the Use Area at
least 30 days prior to the beginning of the Use Period.
c. Provide routine maintenance of the Use Area. Nothing in this Agreement requires
the District to provide a new or upgrades to the Use Area. The parties understand
that the Use Area is subject to normal wear and tear.
5. Service charge.
a. In consideration for the use of the facilities in the Use Area and the inkind value of
maintenance assistance by the District, the City shall pay a service charge to the
District in the amount of $35.00 per hour or portion thereof per each facility in the
Use Area that is used by City or City Third Party Users (“Use Fee”). The Use Fee
shall not apply to days cancelled due to inclement weather.
b. City shall pay an estimated Use Fee each year no later than July 1 based on the
estimated use level expected between July 1 and the following June 30. The
estimated Use Fee shall include a credit for any excess payments made for the prior
year and shall include an additional payment for the amount of any charges incurred
beyond the estimate for the prior year.
6. Legal Responsibility/Insurance.
a. a. City and District agree to indemnify, defend and hold harmless the other party
and its respective trustees or directors, agents, officers, employees, governing
boards and board members from and against any and all claims, demand, lawsuits or
other proceedings, bodily injury, property damages, personal injury and other
liabilities and damages, including attorney's fees and costs, arising out of the
indemnifying party's alleged or actual omission, act or negligence in the
performance or failure to perform its obligations under this Agreement. The
indemnity, defense and hold harmless obligations herein set forth shall survive the
termination of this Agreement for any alleged or actual omission, act or negligence
in the performance or failure to perform its obligations under this Agreement that
occurred during the term of this Agreement.
b. Each party shall maintain comprehensive general liability or self-insurance with
limits of not less than two million dollars ($2,000,000) combined single limit for
bodily injury and property damages, written on an occurrence basis which insurance
shall be primary for any acts or omissions of the insured party and/or its officers,
employees, agents, governing board and board members. District and City shall
provide each other with Certificates of Insurance, naming the other as additional
insured under their respective policies or self-insurance to the extent that the
conduct giving rise to the claim is the responsibility of the other party under the
terms of this Agreement. Each Party shall promptly notify the other of any claim or
of any occurrence which the Party reasonably believes may give rise to a claim
against either Party arising out of the administration or management of the facilities
or the programs conducted by City at the property described in Exhibit A.
{SR041955.DOC}Page 3 of 6 005175.00001/105635v2
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7. Contract Administration.
a. This Agreement shall be administered on behalf of City by the Public Works
Director.
b. This Agreement shall be administered on behalf of District by the Assistant
Superintendent, Business Services.
8. Termination. The District may terminate this agreement after 60 days’ notice if the
District determines, in its sole discretion, at any time during the term of the agreement
if the Use Area, or any part of it, is needed for District activities. District may also
terminate this agreement in the event of a material breach by City which breach has not
been cured by City within 90 days of notice from District of the breach. At the end of
the first year only, District may terminate for any reason whatsoever by giving 60 days
written notice to City prior to the end of the first year of the agreement.
9. Notices. All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified
mail, return receipt requested, or by overnight express carrier directed to the address
specified below. The notice shall be deemed to have been given and received on the
date delivered in person or the date upon which the postal authority or overnight express
carrier indicates that the mailing was delivered to the address of the receiving Party.
Notices to City shall be sent to:
John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868-1241
Fax: (408) 868-1281
With a copy to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868-1269
Fax: (408)868-8559
Notices to District shall be sent to:
Campbell Union High School District
Assistant Superintendent, Business Services
3235 Union Avenue
San Jose, CA 95070
Phone: (408) 371-0960
{SR041955.DOC}Page 4 of 6 005175.00001/105635v2
82
10. Successors and assigns. City shall not assign any of its rights or obligations under this
Agreement without the express written authorization of the District. District approval
of Third Party Users pursuant to section 2.c of this Agreement shall satisfy this
requirement for the purposes of assigning rights of use to Third Party Users. This
Agreement shall inure to the benefit of and shall be binding upon the successors and
assigns of the parties hereto.
11. Integration. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as complete and
exclusive statement of its terms and may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement, nor explained or supplemented by
evidence of consistent additional terms.
12. Amendments. This Agreement cannot be changed or supplemented orally and may be
modified or superseded only by written instrument executed by both parties.
13. Interpretation. Each of the Parties acknowledges and agrees that this Agreement is an
accord and satisfaction to be construed as a whole according to its fair meaning and not
in favor of nor against any of the Parties as draftsman or otherwise.
14. Forum. Any action or proceeding seeking any relief under or with respect to this
Agreement shall be brought solely in Superior Court of the State of California, County
of Santa Clara.
15. Choice of Law. This Agreement shall be governed by and interpreted under the laws of
California applicable to instruments, persons, transactions and subject matter which
have legal contacts and relationships exclusively within the State of California.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original of the Agreement. Facsimile signature pages transmitted to other
Parties to this Agreement shall be deemed equivalent to original signatures on
counterparts.
17. Governing Board Approval or Ratification. This Agreement will become binding
and effective only upon approval or ratification by the District’s Governing Board.
18. Authority. Each signatory hereto hereby represents and warrants that he or she is duly
authorized to enter this Agreement on behalf of the entity to be bound by this
Agreement.
{SR041955.DOC}Page 5 of 6 005175.00001/105635v2
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{SR041955.DOC}Page 6 of 6 005175.00001/105635v2
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last
signed below.
DATED: ___________________
CAMPBELL UNION HIGH SCHOOL
DISTRICT
By: _________________________________
DATED: ___________________
CITY OF SARATOGA
By: ________________________________
Dave Anderson, City Manager
DATED: ___________________
APPROVED AS TO FORM:
_____________________________________
RICHARD S. TAYLOR
Attorney for City of Saratoga
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LEGEND:
= CITY USE
= PROSPECT HIGH SCHOOL USE
NOTE: SCHEDULED USE OF PROSPECT HIGH SCHOOL FACILITIES FOR ADDITIONAL GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY.
September October NovemberMayJuneJulyAugustJanuaryFebruaryMarchApril December
PROSPECT HIGH SCHOOL USEAGE MATRIX
86
APPROVAL OF RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENING AN APPEAL; THEREBY AFFIRMING THE
PLANNING COMMISIION’S APPROVAL OF
DESIGN REVIEW APPLICATION PDR07-0016
Estahbanaty; 20731 St. Charles Street
Construction of new two-story home
WHEREAS, on May 28, 2008, the City of Saratoga Planning Commission approved
Design Review application PDR07-0016 to construct a two-story single-family residence. The
total floor area of the proposed residence will be approximately 2,542 square feet. The
maximum height of the proposed residence will be 26-feet; and
WHEREAS, on June 12, 2008, Gwen Francis, Paul Ginouves, Ron Ringsrud, and Linda
Ringsrud, filed an appeal of the Planning Commission’s approval of Design Review application
PDR07-0016; and
WHEREAS, on July 16, 2008 the City Council held a public hearing to consider the
application at which time all interested parties were given a full opportunity to be heard and to
present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the application and
all testimony and other evidence submitted in connection therewith; and
WHEREAS, the City Council upheld the determination and findings of the Planning
Commission approval of the design review application; and
WHEREAS, The proposed project including the construction of a new single-family
residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant
Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public
Resources Code (CEQA). This exemption allows for the construction or conversion of up to
three single-family residences.
WHEREAS, the applicant has met the burden of proof required to support said
application for design review approval, and the following findings specified in Municipal Code
Section 15-45.080 and the City’s Residential Design Handbook have been determined:
Conservation Element Policy 6.0 – Protect the existing rural atmosphere of Saratoga by
carefully considering the visual impact of new development. The wood front doors, and neutral
shades of the exterior will blend with the surrounding rural environment. Six ordinance-sized
trees on the property will be protected and preserved.
Land Use Element Policy 5.0 – The City shall use the design review process to assure that the
new construction and major additions thereto are compatible with the site and the adjacent
surroundings. As conditioned, the application meets the Findings required for Design Approval.
Page 1 of 6
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Design Review Findings
The proposed project is consistent with all of the following Design Review findings stated in
City Code Section 15-45.080:
(a) Avoid unreasonable interference with views and privacy. The project will not
unreasonably interfere with view and privacy in that the proposal is below the permitted
height in the zoning district. The second story of the home is modest in size and has been
articulated to have greater than required setback along the western property line.
Windows on two sides of the bay window have been removed and a window on the West
façade in the master bedroom will be frosted glass. This finding may be made in the
affirmative.
(b) Preserve Natural Landscape. The site contains six ordinance size trees that will be
retained and protected through the construction process. A tree that currently provides
screening for a neighbor against exterior lights of a nearby commercial building will be
maintained. This finding may be made in the affirmative.
(c) Preserve Native and Heritage Trees. Six trees not protected by City ordinance will be
removed for this project. Six trees that are protected by City ordinance will be fenced
during the construction process and a bond equivalent to 100% of the remaining trees will
be required prior to issuance of City permits. No heritage trees will be removed. This
finding may be made in the affirmative.
(d) Minimize perception of excessive bulk. The project meets this finding in that the home
is detailed and provides building articulation. The front façade includes architectural
elements such as shingles, a porch, and exposed rafters. The building line of the second
story is furthest from side property lines near the front of the property and jogs to provide
building articulation.
(e) Compatible bulk and height. Other two-story homes similar in height exist in the
vicinity of the project. The stucco finish of the structure is consistent with other
buildings in the neighborhood. The two-story element of the home has been set back
from the front and western side property lines to reduce bulk, particularly as viewed from
the street. In addition, the home will not exceed the maximum height allowed in the area
and zoning district. This finding may be made in the affirmative.
(f) Current grading and erosion control methods. The project is conditioned to conform to
the City’s current grading and erosion control standards. The project is also conditioned
to require detention of stormwater on site, to the maximum extent reasonably feasible.
This finding may be made in the affirmative.
(g) Design policies and techniques. The proposed project conforms to the applicable design
policies and techniques in the Residential Design Handbook as described in the findings
above.
NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as
follows:
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Section 1. After careful consideration of the testimony received, site plan, architectural
drawings, plans and other exhibits submitted in connection with this matter, the appeal is denied
and application number PDR07-0016 for Design Review Approval is hereby granted subject to
the following conditions:
PERMANENT CONDITIONS OF APPROVAL
Prior to issuance of final zoning clearance, the applicant shall record a deed restriction
containing the following permanent conditions of approval:
1. The window in the master bedroom facing west shall have obscure glass.
2. The bay window located on the rear façade may have glass only on the rear wall. The
sides of the bay window shall not have windows.
COMMUNITY DEVELOPMENT
3. The proposed home shall be constructed as shown on Exhibit “A” incorporated by
reference. The home shall have exposed rafters on all facades.
4. Proposed windows shall be wooden and windows on front and rear elevations and the
garage shall have divided lites.
5. Plans submitted to the building department shall reflect proposed top-most point
consistent with approved elevation drawings.
6. A maximum of one wood-burning fireplace shall be permitted.
7. No HVAC mechanical equipment shall be allowed between the lot line and any required
front, side or rear setback line.
8. Four sets of complete construction plans incorporating this Resolution shall be included
on the plans submitted to the Building Division for permit plan check review.
9. Exterior lighting shall be positioned so as to not shine into or on adjacent properties.
10. Solid fencing along the western and eastern property lines shall be installed as shown on
the landscaping plan.
11. Final landscape, irrigation and utility plans shall be incorporated into the construction
plan set and shall take into account the following requirements:
• Landscaping plan shall include landscaping to screen adjacent properties where
feasible and said plan is subject to review and approval by City Arborist.
• Landscape plan shall be designed with efficient irrigation to reduce runoff, promote
surface infiltration and minimize use of fertilizers and pesticides that can contribute
to water pollution.
Page 3 of 6
89
• Where feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain and infiltrate runoff. In areas
that provide detention of water, plants that are tolerant of saturated soil conditions
and prolong exposure to water shall be specified.
• Pest resistant landscaping plants shall be considered for use throughout the
landscaped area, especially along any hardscape area.
• Plant materials selected shall be appropriate to site specific characteristics such as
soil type, topography, climate, amount and timing of sunlight, prevailing winds,
rainfall, air movement, patterns of land use, ecological consistency and plant
interactions to ensure successful establishment.
• Existing native trees, shrubs, and ground cover shall be retained and incorporated
into the landscape plan to the maximum extent possible.
• A note shall be included on the site plan stating that no construction equipment or
private vehicles shall park or be stored within the dripline of any ordinance protected
trees on the site.
12. Any changes to the approved plans must be submitted in writing with a clouded set of
plans highlighting the changes. No downgrading in the exterior appearance of the
approved residence will be approved by staff. Downgrades may include but are not
limited to garage doors, architectural detailing, stonework, columns, shutters, driveway
materials, etc. Proposed changes to the approved plans are subject to the approval of the
Community Development Director and may require review by the Planning Commission.
13. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the LLS of record shall provide a written certification that all
building setbacks are per the approved plans.”
14. A storm water retention plan indicating how storm water will be retained on-site to the
maximum extent feasible, and incorporating the New Development and Construction –
Best Management Practices, shall be submitted along with the complete construction
drawings. If all storm water cannot be retained on-site due to topographic, soils or other
constraints, an explanatory note shall be provided on the plan.
15. Water and/or runoff from the project site shall not be directed toward the adjacent
properties.
16. All processing fees, in the form of deposit accounts on file with the community
development department, shall be reconciled with a minimum $500 surplus balance at all
times. In the event that the balance is less than $500, all staff work on the project shall
cease until the balance is restored to a minimum of $500.
CITY ARBORIST
17. All recommendations contained in the City Arborist Report dated February 21, 2008 shall
be followed.
Page 4 of 6
90
18. Tree protective measures, as specified by the City Arborist, shall be installed and
inspected by Staff prior to issuance of City Permits.
19. Prior to issuance of City Permits, the applicant shall submit to the City, in a form
acceptable to the Community Development Director, security equivalent to 100% of the
value of all protected trees to guarantee the maintenance and preservation of trees.
20. The City Arborist shall inspect the site to verify compliance with tree protective
measures. The bond shall be released after the planting of required replacement trees, a
favorable site inspection by the City Arborist, and payment of any outstanding Arborist
fees.
FIRE DEPARTMENT
21. The applicant shall comply with all Fire Department conditions.
CITY ATTORNEY
22. Applicant agrees to hold City harmless from all costs and expenses, including attorney’s
fees, incurred by the City or held to be the liability of City in connection with City’s
defense of its actions in any proceeding brought in any State or Federal Court,
challenging the City’s action with respect to the applicant’s project.
Section 2. Construction must commence within thirty-six (36) months or approval will expire.
Section 3. All applicable requirements of the State, County, City and other Governmental
entities must be met.
PASSED AND ADOPTED by the City of Saratoga City Council, State of California, on the 16th
day of July 2008 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page 5 of 6
91
Page 6 of 6
Ann Waltonsmith
Mayor
ATTEST:
____________________________________
Ann Sullivan
Acting City Clerk
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions
and agrees to fully conform to and comply with said terms and conditions.
__________________________________ _________________________
Property Owner or Authorized Agent Date
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Page 1 of 3
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Shweta Bhatt, Associate Planner DIRECTOR: John Livingstone, AICP
SUBJECT: Appeal APCC08-0002 – Appeal of a Design Review Approval by the Planning
Commission (Design Review Application PDR07-0016) to construct a new two-
story single-family residence at 20731 Saint Charles Street
RECOMMENDED ACTION:
Staff recommends the City Council deny the appeal, thus approving the proposed new two-story
residence.
DISCUSSION:
Project History
The Planning Commission originally reviewed this application at the March 26, 2008 hearing.
During the site visit and during the public hearing, neighbors in vicinity of the project made
several suggestions to the applicant regarding the architectural style, privacy, and bulk. Concerns
were also raised regarding the fact that the proposed home is two-story and proposed exterior
materials such as stucco. Several other two-story, stucco homes exist in the immediate vicinity of
the project. The code does not limit structures to single-story or prohibit stucco on the subject
property and the Planning Commission found that both aspects of the project are appropriate. In
response to other suggestions, the applicant modified the project and it was reviewed by the
Planning Commission at the May 28, 2008 hearing. The following changes were made in
response to comments provided at the March 26th hearing and were part of application that was
reviewed during the May 28, 2008 hearing:
Architectural Style
§ removing the columns adjacent to the window on the second floor and proposing shutters
instead;
§ proposing riverrock accent on the front instead of flagstone;
§ proposing true divided lites on wooden windows; and
§ proposing shingles on the front facade.
Privacy Impacts
§ lowering the grade of the property by an additional two feet
§ removing the glass on the sides of the bay window of the rear facade to reduce privacy
impacts to the neighbors to the West.
211
Page 2 of 3
Bulk and Mass
§ installing a window with frosted glass on the Western façade, approximately 5-feet 8-inches
above the finished floor to help break up the massing on the Western façade
§ lowering the plate height of the living room by one foot to reduce the perceived height of
that portion of the structure.
The Planning Commission approved the project by 6-1 vote at the May 28, 2008 meeting. Several
conditions discussed and added during the meeting include:
§ requiring the windows on the front and rear facades to have true divided lites;
§ requiring the applicant to install solid fencing as shown on proposed landscaping plans;
§ requiring exposed rafters on all facades.
Several permanent conditions of approval are also part of the project, including:
§ requiring the window in the master bedroom facing west to have obscure glass;
§ requiring the bay window located on the rear façade to have glass only on the rear wall.
The sides of the bay window shall not have windows.
The appellants have submitted a letter, simulation, and petition which has been included in the
packets. Relevant background documents, including the Staff Report and Planning Commission
minutes are also included in the packet materials. A resolution of approval denying the appeal and
affirming the Planning Commission approval has been prepared for Council adoption (see
Attachment 1). The plans approved by the Planning Commission at the May 28, 2008 hearing
included elevation drawings that reflected the proposed height of the structure after the applicant
agreed to reduce the grade of the property by approximately two feet. However, height
information on the cover sheet had not been revised to reflect the reduction in the proposed
building height. Therefore, a condition has been added to the attached resolution to require the
applicant to make this change on plans submitted to the Building Department.
Heritage Preservation Commission Review
The Heritage Preservation Commission (HPC) reviewed this project at their regular meeting on
January 8, 2008. The Commission approved the demolition of the existing home, with the
condition that the applicant provide a report documenting the history of the parcel and the church
that previously existed on adjacent parcels. The applicant provided this report at the June 10,
2008 HPC meeting. The home has since been demolished. The code does not prohibit property
owners from demolishing their home with or without an approved Design Review application.
ALTERNATIVES:
1. Uphold the appeal and overturn the Planning Commission’s approval of the proposed project,
thus denying Design Review Application PDR07-0016.
2. Continue the public hearing to allow the applicant an opportunity to restudy project-related
issues raised by the City Council.
FISCAL IMPACTS:
Not applicable.
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Page 3 of 3
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed notices to property owners within 500-feet, posted notice, and advertised the notice in the
Saratoga News.
ATTACHMENTS:
1. Resolution affirming Planning Commission approval of application PDR07-0016
2. Appeal application
3. Planning Commission Staff Report March 26, 2008 meeting
4. Excerpt of Minutes from the March 26, 2008 Planning Commission meeting
5. Planning Commission Staff Report May 28, 2008 meeting
6. Excerpt of Minutes from the May 28, 2008 Planning Commission meeting
7. Letter and Simulation from Appellants date-stamped July 9, 2008 (Simulation City
Council Members Only)
8. Petition from Appellants date-stamped July 9, 2008
9. Public Comment date-stamped July 9, 2008
10. Exhibit A – Plans reviewed by Planning Commission (City Council Members Only)
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SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: City Attorneys Office DIRECTOR: John Cherbone
(Andrew Schwartz &
Catherine Engberg)
____________________________
SUBJECT: Hearing to Consider Adoption of a Resolution of Necessity (Eminent Domain) for
the Acquisition of an Easement in Pacific Gas & Electric Right of Way for Joe’s
Trail at Saratoga De Anza
RECOMMENDED ACTION:
Adopt a Resolution of Necessity making the appropriate findings and authorizing the initiation of
eminent domain proceedings to acquire an easement necessary for Joe’s Trail at Saratoga De
Anza (“Project”).
SUMMARY:
The Project requires the City to acquire an easement in Pacific Gas & Electric (“PG&E”) right of
way for a pedestrian/bike trail extending approximately 1.6 miles in a generally
northwest/southeast direction from Saratoga/Sunnyvale Road to Saratoga Avenue in the City of
Saratoga (the “Easement”). On June 27, 2008, the City sent PG&E a letter by certified mail
offering to purchase the Easement from PG&E for $190,000. The City subsequently sent PG&E
a Notice of Intent to Adopt Resolution of Necessity by mail and facsimile. PG&E does not
oppose the City’s exercise of eminent domain to acquire the Easement.
BACKGROUND:
The Resolution of Necessity is needed to acquire the Easement by eminent domain for the
Project. The City is authorized to acquire the Easement under California Constitution Article 1,
section 19; California Government Code sections 37350, 37350.5, 37351, and 40404; California
Code of Civil Procedure sections 1230.010 et seq., including, but not limited to sections
1240.010 through 1240.050, 1240.110, 1240.120, 1240.140, 1240.150, 124.220, 1240.350,
1240.410, 1240.510, 1240.610, 1240.650; and other provisions of law. The Resolution of
Necessity requires four “yes” votes by the Council to pass.
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FINDINGS:
To adopt a Resolution of Necessity, the Council must find that:
1. The public interest and necessity require the Project.
2. The Project is planned and located in the manner that will be compatible with the greatest
public good and the least private injury.
3. The Easement is necessary for the Project.
4. An offer to purchase has been made to the record owners of the Property as required by
Government Code section 7267.2; and,
5. The City has fully complied with the California Environmental Quality Act, Public
Resources Code sections 21000 et seq.
The following discussion addresses each of the above-referenced findings.
1. The public interest and necessity require the Project. The Project was originally
envisioned as part of a larger regional trail extending along the Union Pacific Railroad right of
way through the cities of Campbell, Saratoga and Cupertino, and in the Town of Los Gatos. The
Santa Clara Countywide Trails Master Plan, which was adopted in 1995, designated the railroad
corridor trail as a Regional Connector Trail between the Los Gatos Creek Trail and the San Juan
Bautista de Anza National Historic Trail.
In March 2000, the Saratoga City Council passed a resolution supporting the creation of the
Union Pacific Railroad Trail Task Force, which oversaw the preparation of the Union Pacific
Rail Trail Feasibility Study (“Feasibility Study”). The Feasibility Study summarized user needs,
recommended various alternate alignments, and provided suggestions on design, trail
implementation, maintenance, management, and funding.
The Conceptual Plan for the Project was refined in 2004 and 2005 based on input from
community groups, Saratoga residents, and City staff, and was approved by the City Council for
environmental review.
The Project is designed to meet the following goals and objectives:
• Expand open space in Saratoga;
• Mitigate potential impacts of the trail on adjacent residential properties and
neighborhoods;
• Improve regional trail connectivity to Bay Area open space and trail networks;
• Create a safe, multi-use community asset;
• Honor the historic legacy of Juan Bautista de Anza and the early exploration of
California; and
• Reduce automobile use to benefit regional air quality.
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On October 3, 2007, the Saratoga City Council approved the Project.
2. The Project is planned and located in the manner that will be compatible with the
greatest public good and the least private injury. As noted above, the Feasibility Study
evaluated various alignments, but noted that the currently-proposed Project has few development
constraints. It found:
With the exception of a few minor encroachments in the PG&E right of way
immediately to the north and south of Cox Avenue, the absence of constraints in
this area allows for location of the trail on the west side of the tracks, setback a
minimum of 25 feet from track centerline. In much of this segment, the Union
Pacific right of way can be avoided completely by routing the trail in the PG&E
right of way. Available room within the corridor is sufficient for a significant
planting buffer to be placed within the trail and the tracks. Utilizing the extra
width in the PG&E right of way, the trail layout should avoid removal of
significant vegetation.
In addition, the Project will not infringe on PG&E’s use of the property for high voltage
transmission lines. The Project would be constructed on an easement acquired from PG&E and
would involve no actual land acquisition by the City.
PG&E does not oppose the Project or the City’s acquisition of the Easement. Nevertheless, the
City has decided to use its power of eminent domain to acquire the Easement because otherwise
the California Public Utilities Commission would have jurisdiction over the purchase agreement.
If the City were to enter into a voluntary purchase agreement with PG&E, the CPUC could delay
the transaction and could condition or deny the sale. On the other hand, the CPUC has no
jurisdiction if the City uses its power of eminent domain. Funding requirements for the project
require moving forward with acquisition promptly therefore a voluntary purchase is not feasible.
3. The Easement is necessary for the Project. The Project requires an easement on
PG&E right of way. As noted above, the Feasibility Study evaluated alternate alignments for the
Project, but found that the alignment along the PG&E right of way posed few development
constraints and allowed the City to avoid the Union Pacific right of way.
4. An offer to purchase has been made to the record owners of the Property as
required by Government Code section 7267.2. Pursuant to Government Code sections 7267.2
et seq., the City of Saratoga obtained a fair-market value appraisal of the Easement from Chris
Carneghi, MAI, of Carneghi-Blum & Partners, Inc. Although not required by law, the City also
obtained a review appraisal from David Tattersal & Co. The review appraisal agreed with Chris
Carneghi’s determination of the fair-market value of the Easement. The City set just
compensation as the fair market value.
On June 27, 2008, the City of Saratoga, thorough its attorneys, Shute, Mihaly & Weinberger
LLP, sent a letter to PG&E by certified mail offering to purchase the Easement for the full
amount of the appraisal. On June 30, 2008, the City of Saratoga, through its attorneys, mailed
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and faxed to PG&E Notice of Intent to Adopt a Resolution of Necessity. Copies of the City’s
offer letter and Notice of Intent are on file with the City Clerk.
5. The City has fully complied with the California Environmental Quality Act, Public
Resources Code sections 21000 et seq. The City circulated an Initial Study and proposed
Mitigated Negative Declaration for public review and comment from April 17, 2007 to May 18,
2007. On October 3, 2007, the City adopted the Mitigated Declaration and approved the Project.
In connection with the proposed Resolution of Necessity, City Staff has reviewed all
environmental documentation prepared for the Project. City staff has concluded that, since the
approval date, there have been no substantial changes in the Project or the circumstances
surrounding it, nor has the City obtained any new information requiring further environmental
review.
ADMINISTRATIVE RECORD:
In addition to other materials made a part of the administrative record, the following documents
are incorporated in this Report and are included in the administrative record:
1. The Initial Study/Mitigated Negative Declaration for the Project.
2. The Notice of Intent to Adopt a Resolution of Necessity sent to PG&E notifying it of the
time and place of the hearing on the Resolution of Necessity.
3. The offer to purchase sent to PG&E on June 27, 2008.
4. The Summary Appraisal Valuation Statement prepared by Chris Carneghi, MAI, dated
June 10, 2008.
5. The review appraisal prepared by David Tattersall, MAI, dated June 19, 2008.
6. This Agenda Report (including attachments)
ACTION BY THE CITY COUNCIL; ALTERNATE ACTION(S):
Should the City Council make the findings required in the attached Resolution of Necessity, the
City may initiate eminent domain proceedings to acquire the Easement by adopting the attached
Resolution of Necessity. The Resolution of Necessity requires a two-thirds (2/3) vote of the City
Council, which equates to four votes because the Council consists of five members. The City
Council has the discretion to: (1) Adopt the Resolution of Necessity; (2) not adopt the Resolution
of Necessity; or (3) request additional information. Staff recommends that the Council adopt the
Resolution of Necessity to initiate eminent domain proceedings.
4
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5
FISCAL IMPACT:
Funding for the acquisition of the Easement comes from a grant from the Valley Transportation
Authority, funded through the Metropolitan Transportation Commission, and an anonymous
donor.
ATTACHMENTS:
1. Resolution of Necessity
2. Survey maps
3. Offer to Purchase, attaching the Summary Appraisal Valuation Statement
4. Review appraisal
5. Notice of Intent to Adopt a Resolution of Necessity
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The planned Joe’s Trail at Saratoga De Anza (“Project”) includes the development of an
approximately 1.3mile bike and pedestrian trail extending alo ng an approximately 1.6mile
PG&E easement that is approximately 75 feet wide. The trail will extend in a generally
northwest/southeast direction fro m SaratogaSunnyvale Road to Saratoga Avenue in the Cit y o f
Saratoga, as described in Section 3 of this Reso lut ion (the “Property”).
The trail includes two useable sect ions. The first sect ion will extend fro m a parking lot
adjacent to SaratogaSunnyvale Road to parcel 38644042, which is approximately 0.57 linear
mile fro m the western terminus o f the trail. There will be a 0.27mile gap between the first
sect ion and second sect ion of the trail. The second sect ion o f the trail will extend fro m the edge
of San Jose Water Company property (east of Cox Avenue) to Saratoga Avenue. This portion o f
the trail will be approximately 0.74 linear miles.
The Project requires acquisit io n of an easement in the Property (the “Easement”).
On October 3, 2007, the Cit y o f Saratoga adopted a Mitigated Negat ive Declarat ion
(“MND”) and Mit igation Monitoring and Reporting Program pursuant to the California
Environmental Qualit y Act, and approved the Project.
The City Council of the City of Saratoga, by a vote of 4/5ths majority or more of its
members, finds, determines, declares and resolves that:
Section 1. The Cit y of Saratoga is a municipal corporation in the Count y of Santa
Clara, State of California.
Section 2. The Easement is to be taken for public use for the Pro ject and all uses
necessary, convenient, or appurtenant to the Project pursuant to the authorit y conferred upon the
Cit y of Saratoga to acquire property by eminent domain by California Const itution Article 1,
sect ion 19; California Government Code sections 37350, 37350.5, 37351, and 40404; California
Code of Civil Procedure sect ions 1230.010 et seq., including, but not limited to sections
1240.010 through 1240.050, 1240.110, 1240.120, 1240.140, 1240.150, 124.220, 1240.350,
1240.410, 1240.510, 1240.610, 1240.650; and other provisio ns o f law.
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2
Section 3. The Property is a 489,358square foot area of land located along a Pacific
Gas & Electric ut ilit y transmissio n corridor, and consist ing of portions of APNs 38653018,
38653019, 39317004, 39317005, 39317006, 39321005, 39321006, 39321007, and
39321013. The legal descriptions of the Property are attached as Exhibit “A” to this
Reso lut ion. The Property is depicted on the survey maps attached as Exhibit “B” to this
Reso lut ion. The Easement is required for the construction and maintenance of the Project.
Section 4. The Easement is required to carry out and make effect ive the principal
purpose of the Pro ject. A general descript ion o f the Project is set forth in the Agenda Report
dated July 16, 2008. The Agenda Report and the evidence, reports, and documents cited in that
Agenda Report are incorporated in the Administrative Record for this Reso lut ion.
Section 5. The Cit y Council of the Cit y o f Saratoga specifically finds and determines
that:
A. The Cit y has fully complied wit h the California Environmental Qualit y Act,
Public Resources Code sect ions 21000 et seq. wit h regard to the Project. The environmental
effects of the Pro ject were evaluated in the MND prepared by the Cit y of Saratoga (State
Clearinghouse Number 2007042079), adopted by the Saratoga Cit y Council o n October 3, 2007.
No revisio ns to the MND are required for the acquisit io n of an easement in the Property due to
new or substant ially increased significant environmental effects because of substant ial changes
in the Project, substant ial changes with respect to the circumstances under which the Project
would be undertaken, or significant new information.
B. The public interest and necessit y require the Project.
C. The Project is planned or located in the manner that will be most compatible wit h
the greatest good and the least private injury.
D. The Easement is necessary to carry out and make effect ive the principal purpose
of the Project.
E. The Cit y has complied wit h all condit ions and statutory requirements necessary to
exercise the power of eminent domain to acquire the Easement, as well as any other matter
regarding the right to take the Easement by eminent domain, including but not limited to, making
the offer required by Government Code section 7267.2(a).
Section 6. The findings and declarat ions contained in this Reso lut ion are based on
the record before the Cit y Council on July 16, 2008, when it adopted this Reso lut ion, including
the Agenda Report dated July 16, 2008, all documents referenced and incorporated in the
Agenda Report, the testimo ny at the hearing, and the records and documents prepared in
connection wit h the Project, all of which are incorporated in this Resolut ion by this reference.
Section 7. The Cit y Council of the Cit y o f Saratoga authorizes and directs the Cit y
Attorney’s o ffice and Cit y Staff to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire the Easement by eminent domain.
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Section 8. The Cit y Manager, or his designee, is hereby authorized to deposit
lawfully available funds o f the Cit y o f Saratoga for the Project with eit her the court in which the
eminent domain proceedings are commenced or the State Treasury Condemnation Fund, in the
amount required by law for the maintenance of a proceeding in eminent domain and for
immediate possession o f the Property.
The above and foregoing reso lut ion was passed and adopted at a regular meet ing of the Saratoga
Cit y Council held on the 16 th day o f July, 2008 by the fo llowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Ann Waltonsmit h, Mayor
ATTEST:
_________________________________
Ann Sullivan, Acting Cit y Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 PROJECT APP: ZOA08-001
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Cherbone
________________________________________________________________________
SUBJECT: Amendment to Valet Parking Ordinance to Eliminate Annual Review
Requirement
________________________________________________________________________
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:
At its meeting of June 18, 2008 the City Council directed staff to prepare ordinance
amendments that would repeal the requirement for annual review of the City’s valet parking
regulatory program. At that meeting the Council received a report indicating the program
had operated for 10 years with no need for revisions. Based on that determination staff has
prepared the attached ordinance amendment that removes the requirement for an annual
review.
FOLLOW UP ACTION(S):
Schedule the ordinance for a second reading.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was published in the Saratoga News on July 2, 2008.
ATTACHMENTS:
1. Proposed Ordinance
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ORDINANCE __________
An Ordinance Amending the Saratoga Municipal Code
To Eliminate Annual Review of the Valet Parking
Regulatory Program
WHERAS, the City in 1998 adopted a program to regulate the operation of valet parking services
in the City and included in that program a requirement for periodic review of the program. Since
its adoption the program has operated without need for revision. In light of these facts the
requirement for periodic review is no longer required.
THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS
FOLLOWS:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth below (text to be deleted is shown in
strikeout):
A. 4-80.150 of the Saratoga Municipal Code is amended as follows:
4-80.150 Annual review.
Commencing in June 1999, and in June of every year thereafter, the provisions of this Article
shall be reviewed and a separate report made to the City Council by the City Manager at a public
hearing, setting forth an analysis of the effectiveness of the valet parking service operations,
including whether the public convenience and necessity require the continuation of the valet
parking service operations and/or whether the provisions of this Article should be modified or
repealed.
Section 2. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 16th day of July, 2008, and was adopted by the following vote
following a second reading on the 6th day of August, 2008:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
315
SIGNED: ATTEST:
_________________________________ _____________________________
Ann Waltonsmith, Ann Sullivan,
MAYOR OF THE CITY OF SARATOGA Acting CLERK OF THE CITY OF
Saratoga, California SARATOGA
Saratoga, California
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY
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SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: Sheriff’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Terence Calderone, Captain DIRECTOR:
Santa Clara County Sheriff’s Office
West Valley Substation
SUBJECT: Recommendation to convert the Neighborhood Resource Officer (NRO) position to a
School Resource Officer (SRO) position
RECOMMENDED ACTION:
Convert the existing NRO position provided by the Santa Clara County Sheriff’s Office to an
SRO position and, if needed, revise the existing contract with the Sheriff’s Office to reflect this
change.
BACKGROUND
The City of Saratoga and Sheriff’s Office have recognized the need to address requests for
training, enforcement and emergency preparedness in Saratoga’s schools. Previously, in
response to the schools’ needs and concerns, the City Council decided to establish an SRO
position using the Citizens’ Options for Public Safety (COPS) grant to fund the position. For a
number of years, this SRO position addressed immediate needs for enforcement, communication,
presentations, and emergency preparedness training. In 2005, however, facing the need to
undertake significant budget cuts, the City made the difficult decision to eliminate the SRO
position from the Sheriff’s Office contract, together with a traffic enforcement position.
In FY 2006-07, the City Council decided to use the COPS grant to fund an NRO position. At the
time, due to grant restrictions, this position could not be designated as an SRO. Therefore, an
NRO position was created in order to conform to the restrictions of the grant, while addressing
the needs of the community. The NRO has met many community needs; however, there has
been a growing concern expressed by the schools for more assistance with training, enforcement
and emergency preparedness.
As the City’s Public Safety representative, I am obligated to assure that school staff and students
have received appropriate training to protect themselves in emergency situations. As one
example, throughout the last two years, I have felt an urgent need to provide Saratoga’s schools
with the necessary training for both staff and students in preparation for an active shooter on
campus. While these duties are usually assigned to an SRO, in the absence of that position, I
have assigned the NRO the duty of providing this training to the schools and school staff within
Saratoga.
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We have all become more aware of the growing incidence of violence on school campuses. It is
imperative that we are prepared to meet a potential threat in Saratoga, should it arise. Also, we
have witnessed the growing trend of students’ use of alcohol and narcotics. These trends can be
addressed by an SRO on campus who establishes relationships with students and staff. The SRO
sometimes takes enforcement action, but also works and communicates directly with students
and staff. Therefore, a level of trust is developed, and the SRO can communicate not only with
students, but can reach out and work with their parents and family members to provide
information and programs to address their needs.
The SRO would work closely with both staff and students to provide information about
behaviors that lead to achievement. The programs and presentations provided by the SRO will
educate students about how to change current, unproductive and/or destructive behavioral
patterns. Specifically, the SRO would perform the following duties throughout the school year:
¾ Bonding with students and staff;
¾ Providing the following trainings/programs:
• Code Red and Code Blue
• DUI Court – Traffic Safe Communities Network (consequences of drinking and
driving via an actual court process)
• Every 15 Minutes Program (usually one year preparation time)
• Stranger Danger
• Bully and Respect
• Zero Tolerance (advising about crimes that require enforcement action)
• Internet Safety/Identity Theft
• Bicycle Safety
• Red Ribbon Week- Drug Awareness
¾ Providing visibility on campus throughout the day;
¾ Providing Juvenile Traffic Diversion program (for juveniles cited for various bicycle
safety violations; and
¾ Conducting Traffic enforcement around the schools.
As can be seen from the above job duties, the SRO position would provide students and the
greater community with comprehensive services to help address a broad range of issues and
concerns. These services will benefit students, school staff, residents and the community as a
whole.
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Page 3 of 3
Representatives from Saratoga’s elementary and secondary schools came to the July 2, 2008 City
Council meeting to request reinstatement of the SRO position.
CONCLUSION
More and more jurisdictions have recognized the value that an SRO provides to schools,
students, and communities, and as a result many have established an SRO position. As your
Public Safety representative, I feel that the SRO will provide enhanced service to the community
as a whole due to the role he/she will have working to educate students, school staff and parents
in Saratoga.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The NRO position will remain as is with the same job duties as outlined above.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
319
SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Heritage Orchard Oversight
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
BACKGROUND:
At its July 2, 2008 meeting, the City Council held a joint meeting with the Heritage Preservation
Commission (HPC) and the Historic Foundation. As a part of the discussion, the Council
introduced the idea of reassigning oversight of the City’s Heritage Orchard from the HPC to the
recently reinstituted Parks and Recreation Commission (PRC).
The Heritage Orchard is maintained on contract by Matt Novakovich, Orchardist; the contract is overseen
by the City’s Public Works Department. Public Works has recently undertaken construction of a trail
around the perimeter of the orchard, which will provide for additional public access. In addition, the
Recreation Department intends to offer one or more educational classes that directly relate to the orchard
and its operations.
The orchard serves not only as a tribute to Saratoga’s agricultural past, but also as an educational and
recreational asset for the City’s residents and visitors alike. Given this broader role for the orchard, the
Council may desire to assign its oversight to the PRC.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
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Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
N/A
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SARATOGA CITY COUNCIL
MEETING DATE: July 16, 2008 AGENDA ITEM:
DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson
________________________________________________________________________
SUBJECT: City of Saratoga Code of Ethics and Values
________________________________________________________________________
RECOMMENDED ACTION:
Review and approve, modify, or deny adoption of the attached Code of Ethics and Values
for the City of Saratoga.
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 based on the City of Santa Clara’s
Code of Ethics and Values with modifications reflecting Saratoga values. (On a related
matter, the Council adopted a Saratoga Pledge of Fair Campaign Practices at its meeting of
July 2, 2008.)
DISCUSSION:
The City of Santa Clara in 2000 adopted a Code of Ethics & Values for City officials. The
Code has been widely cited as a thoughtful and well-considered model. According to Santa
Clara, the Code is designed to provide clear, positive statements of ethical behavior
reflecting the core values of the community. The Code applies to Council members,
Commissioners, City staff and volunteers and includes practical strategies for addressing
ethical questions and a useful framework for decision-making and handling the day-to-day
operations.
The Code presents a set of nine statements of values. Each statement is followed by a list of
specific practices demonstrating those values. For example, the first value is: “As a
Representative of the City of Saratoga, I will be ethical.” The Code then states:
“In practice, this value looks like:
a. I am trustworthy, acting with the utmost integrity and moral courage.
b. I am truthful, do what I say I will do, and am dependable.
c. I make impartial decisions, free of bribes, unlawful gifts, narrow political interests,
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2
and financial and other personal interests that impair my independence of judgment
or action.
d. I am fair, distributing benefits and burdens according to consistent and equitable
criteria.
e. I extend equal opportunities and due process to all parties in matters under
consideration. If I engage in unilateral meetings and discussions, I do so without
making voting decisions.
f. I show respect for persons, confidences, and information designated as
"confidential."
g. I use my title(s) only when conducting official City business, for information
purposes, or as an indication of background and expertise, carefully considering
whether I am exceeding or appearing to exceed my authority.”
The attached draft is based on the Santa Clara Code of Ethics and Values. Based on
discussion at the Council Study Session that Code has been revised to include a new section
on respectful conduct (Section 5) and to include statements regarding collaborative
teamwork, attending meetings, and acting in a constructive manner when expressing concern
regarding the statements of others.
These revisions reflect staff’s understanding of Council discussion at the June 24 study
session. Council may revise the attached draft to add or remove the statements of values
and/or the practices reflecting the values. In addition, Council may revise the statements of
values and practices.
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
held June 24, 2008.
ATTACHMENTS:
Attachment A – Proposed Resolution Adopting City of Saratoga Code of Ethics and Values
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RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF SARATOGA ESTABLISHING A
CODE OF ETHICS AND VALUES
A. The proper operation of democratic government requires that decision-makers be
independent, impartial, and accountable to the people they serve;
B. The City of Saratoga seeks to promote and maintain the highest standards of
personal and professional conduct in the City's government;
C. The City will benefit by having all elected and appointed officials, City
employees, volunteers, and others who participate in the city's government
subscribe to these values and take the time to understand how they apply to their
specific responsibilities; and
D. The City seeks public confidence in the City's services and public trust of its
decision-makers and accordingly has determined that our decisions and our work
must meet the most demanding ethical standards and demonstrate the highest
levels of achievement.
THEREFORE, BE IT RESOLVED that the City Council hereby:
1. Adopts the attached Code of Ethics and Values;
2. Directs the City Clerk to post the Code on the City website and to distribute
copies to all City Commissioners, staff, and volunteers.
PASSED AND ADOPTED by the City Council of the City of
Saratoga, State of California, this 16th day of July, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Ann Waltonsmith, Mayor
ATTEST:
___________________________
Ann Sullivan
Acting City Clerk
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City of Saratoga
Code of Ethics and Values
Preamble
The proper operation of democratic government requires that decision-makers be
independent, impartial, and accountable to the people they serve. The City of Saratoga
has adopted this Code of Ethics & Values to promote and maintain the highest standards
of personal and professional conduct in the City's government. All elected and appointed
officials, City employees, volunteers, and others who participate in the city's
government are required to subscribe to this Code, understand how it applies to their
specific responsibilities, and practice its nine core values in their work.
Because we seek public confidence in the City's services and public trust of its decision-
makers, our decisions and our work must meet the most demanding ethical standards
and demonstrate the highest levels of achievement in following this code.
1. As a Representative of the City of Saratoga, I will be ethical.
In practice, this value looks like:
a. I am trustworthy, acting with the utmost integrity and moral courage.
b. I am truthful, do what I say I will do, and am dependable.
c. I make impartial decisions, free of bribes, unlawful gifts, narrow political
interests, and financial and other personal interests that impair my independence
of judgment or action.
d. I am fair, distributing benefits and burdens according to consistent and
equitable criteria.
e. I extend equal opportunities and due process to all parties in matters under
consideration. If I engage in unilateral meetings and discussions, I do so without
making voting decisions.
f. I show respect for persons, confidences, and information designated as
"confidential."
g. I use my title(s) only when conducting official City business, for information
purposes, or as an indication of background and expertise, carefully considering
whether I am exceeding or appearing to exceed my authority.
2. As a Representative of the City of Saratoga, I will be professional.
In practice, this value looks like:
a. I apply my knowledge and expertise to my assigned activities and to the
interpersonal relationships that are part of my job in a consistent, confident,
competent, and productive manner.
b. I approach my job and work-related relationships with a positive attitude.
c. I keep my professional knowledge and skills current and growing.
3. As a Representative of the City of Saratoga, I will be service-oriented.
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In practice, this value looks like:
a. I provide friendly, receptive, courteous service to everyone.
b. I am attuned to, and care about, the needs and issues of citizens, public
officials, and city workers.
c. In my interactions with constituents, I am interested, engaged, and responsive.
4. As a Representative of the City of Saratoga, I will be fiscally responsible.
In practice, this value looks like:
a. I make decisions after prudent consideration of their financial impact, taking
into account the long-term financial needs of the City, especially its financial
stability.
b. I demonstrate concern for the proper use of City assets (e.g., personnel, time,
property, equipment, funds) and follow established procedures.
c. I make good financial decisions that seek to preserve programs and services
for City residents.
5. As a Representative of the City of Saratoga, I will be respectful.
In practice, this value looks like:
a. I will listen carefully to the views of others and refrain from interrupting
others during discussions of City business.
b. I will be succinct and direct in expressing my views.
c. I will not debate with staff or members of the public in public meetings.
d. I will avoid using acronyms and will explain their meaning when they must be
used.
6. As a Representative of the City of Saratoga, I will be organized.
In practice, this value looks like:
a. I act in an efficient manner, making decisions and recommendations based
upon research and facts, taking into consideration short and long term goals.
b. I follow through in a responsible way, keeping others informed, and
responding in a timely fashion.
c. I am respectful of established City processes and guidelines.
d. I recognize that I am part of a team and will shoulder my share of
responsibilities in representing the City.
e. I will attend all meetings of committees to which I am assigned and meetings
with colleagues in nearby jurisdictions or will work to find another to attend in
my place.
7. As a Representative of the City of Saratoga, I will be communicative.
In practice, this value looks like:
a. I convey the City's care for and commitment to its citizens.
b. I communicate in various ways that I am approachable, open-minded and
willing to participate in dialog.
c. I engage in effective two-way communication, by listening carefully, asking
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questions, and determining an appropriate response which adds value to
conversations.
8. As a Representative of the City of Saratoga, I will be collaborative.
In practice, this value looks like:
a. I act in a cooperative manner with groups and other individuals, working
together in a spirit of tolerance and understanding.
b. I work towards consensus building and gain value from diverse opinions.
c. I accomplish the goals and responsibilities of my individual position, while
respecting my role as a member of a team.
d. I consider the broader regional and State-wide implications of the City's
decisions and issues.
e. I act in a constructive manner when expressing concern about or disagreeing
with the statements of others.
9. As a Representative of the City of Saratoga, I will be progressive.
In practice, this value looks like:
a. I exhibit a proactive, innovative approach to setting goals and conducting the
City's business.
b. I display a style that maintains consistent standards, but is also sensitive to the
need for compromise, "thinking outside the box," and improving existing
paradigms when necessary.
c. I promote intelligent and thoughtful innovation in order to forward the City's
policy agenda and City services.
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