HomeMy WebLinkAbout09-03-2008 City Council Packet-Final (2)
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
SEPTEMBER 3, 2008
SPECIAL MEETING – 5:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM
– 13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 5:00 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
August 29, 2008.)
CLOSED SESSION – 5:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Existing
litigation pursuant to Government Code Section 54956.9(a) Suto v. City of Saratoga.
ADJOURNED TO CLOSED SESSION
OPEN SESSION – 6:00P.M.
ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE
CALL MEETING TO ORDER
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.
CALL MEETING TO ORDER – 6:00P.M.
1. Joint Meeting with the Heritage Preservation Commission (HPC).
Recommended Action:
Review of HPC and responsibilities.
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ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the Village Economic Development Committee by City staff in connection with this
agenda are available at the office of the Community Development Department Director at 13777
Fruitvale Avenue, Saratoga, CA 95070. Any materials distributed by staff after the posting of
the agenda are made available for public review at the office of the Director at the time they are
distributed to the Community Development Department.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate
in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to
this meeting (28 CFR 35.102-35.104 ADA Title II).
Certificate of Posing 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 August 29, 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 29th day of August 2008 at Saratoga, California.
Ann Sullivan, CMC,
Acting City Clerk
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, September 3, 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
August 29, 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. Santa Clara County Fire Department - 60th Anniversary Presentation
Recommended action:
Accept presentation.
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CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
2. City Council Minutes - August 6, 2008
Recommended action:
Approve minutes.
3. Study Session Minutes - August 25, 2008
Recommended action:
Approve minutes.
4. Treasurer's Report for the Month Ended by May 31, 2008
Recommended action:
The City Council review and accept the Treasurer's Report for the month ended May
31, 2008.
5. Review of Accounts Payable Check Registers.
Recommended action:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
July 31, 2008
August 07, 2008
August 14, 2008
August 21, 2008
6. Revised Fiscal Year 2008/09 Gann Appropriation Limit
Recommended action:
Adopt resolution approving the revised Gann Appropriation Limit for FY 2008/09
7. Approve a one-year Contract Extension for Tree Maintenance Services with Valley
Crest Tree Care Services
Recommended action:
Approve a one-year Contract Extension with Valley Crest Tree Care Services and
authorize the City Manager to execute the same.
8. Approve a one-year Contract Extension for Landscape Maintenance Services with
Gachina Landscape Management
Recommended action:
Approve a one-year Contract Extension with Gachina Lanscape Management and
authorize the City Manager to execute the same.
9. Award Construction Contract for Kevin Moran Park Improvement Project to B&B
Landscape Contractors, Inc. and Approve Contract Amendment with MPA Design
Recommended action:
1. Approve attached budget resolution.
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2. Move to declare B & B Landscape Contractors, Inc. to be the lowest responsible
bidder on the project.
3. Move to award a construction contract for Kevin Moran Park Improvement
Project to B & B Landscape Contractors, Inc. in the amount of $1,312,006.90 and
authorize the City Manager to execute the same. Authorize staff to execute change
orders to the construction contract in the amount of $11,717.82.
4. Amend contract with MPA Design for bid support and construction observations
in the amount of $25,000.
10. KSAR Contract Amendment
Recommended action:
Accept report and approve KSAR contract amendment.
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
11. Resolution Declaring Hazardous Vegetation on Specified Properties to be a Public
Nuisance
Recommended action:
Open public hearing; listen to public testimony; and close public hearing. Adopt
resolution declaring hazardous vegetation on specified properties to be a public
nuisance.
12. City Initiated Zoning Map Amendment for 20500 Lomita Avenue, 20568 Lomita
Avenue, and 20550 Lomita Avenue.
Recommended action:
Open and conduct the public hearing, introduce the ordinance amending the zoning
designation for three (3) parcels, waive the first reading, and schedule the item for a
second reading and adoption on consent calendar.
13. Ordinance Establishing Various Standards for State Video Franchisees Operating in
Saratoga Including a fee to Support Public, Educational and Governmental
Programming in Saratoga
Recommended action:
Conduct public hearing regarding standards and fees for State Video Franchisees
operating in Saratoga and introduce and waive first reading of ordinance regarding
and direct staff to place ordinance on consent calendar for final adoption.
14. APCC08-0003 – Appeal of a Decision by the Planning Commission Granting
Approval of a Mitigated Negative Declaration, a Design Review Application, and a
Modification to a Conditional Use Permit with a Variation from Standards for the
Proposed Construction of a New 3,994 Square Foot Church Building on the
Approximately 3.1 Acre Project Site Located at 18870 Allendale Avenue.
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Recommended action:
Staff recommends the City Council open the public hearing on this item, accept
public comments, close the public hearing, and continue the item to the meeting of
September 17, 2008.
OLD BUSINESS
NEW BUSINESS
15. Saratoga Sport User Groups – Use of Reusable Water Bottles
Recommended action:
Accept report and provide direction to staff
16. Consolidating Allocation of Community Grants Program
Recommended action:
Accept report and determine if FY 2007/08 carry forward funding for community
grants should be consolidated for allocation in March.
17. Feasibility of After School “Drop-In Recreation” Programming
Recommended action:
Accept report and provide direction to staff.
18. Approval to Apply for Citizen Engagement Grant
Recommended action:
Accept report and direct staff to apply for a “Citizen Engagement Grant” through
Common Sense California to undertake a visioning process for the Downtown
Village, through the Village Economic Development City Council-Planning
Commission Advisory Committee.
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
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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
Airport Land Use Committee
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the Village Economic Development Committee by City staff in connection with this
agenda are available at the office of the Community Development Department Director at 13777
Fruitvale Avenue, Saratoga, CA 95070. Any materials distributed by staff after the posting of
the agenda are made available for public review at the office of the Director at the time they are
distributed to the Community Development Department.
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 August
29, 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 29th day of August 2008 at Saratoga, California.
Ann Sullivan, CMC
Acting City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2008
9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School
District
10/1 Regular Meeting – Joint Meeting with West Valley Board of Trustees
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
1/07/09 Regular Meeting – Joint Meeting with Montalvo Arts
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 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 Santa Clara County Fire Department’s 60th Anniversary
RECOMMENDED ACTION:
Informational only.
REPORT SUMMARY:
Santa Clara County Fire Department (SCCFD) Chief Ken Waldvogel will present the Council
with a 60th Anniversary Book depicting the rich history of regional fire protection in the Western
portions of Santa Clara County. SCCFD serves more than 226,000 residents and 100 square
miles of territory within the communities of Campbell, Cupertino, Los Altos, Los Altos Hills,
Los Gatos, Monte Sereno, Morgan Hill, Saratoga, and adjacent unincorporated areas.
The SCCFD staff views the City of Saratoga and all of the communities they serve as partners
with them and wish to present a personalized copy of the 60th Anniversary book to the City.
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.
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ATTACHMENTS:
None
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 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 – August 6, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – August 6, 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 August 6, 2008
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MINUTES
SARATOGA CITY COUNCIL
AUGUST 6, 2008
OPEN SESSION – 6:00 P.M.
ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE.
The City Council held a Joint Meeting with the Hakone Foundation at 6:00 P.M.
Mayor Waltonsmith called the Regular City Council meeting to order at 7:00P.M. and led
the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Aileen Kao, Vice Mayor Chuck Page,
Mayor Ann Waltonsmith
ABSENT: Councilmembers Jill Hunter and Kathleen King
ALSO Barbara Powell, Acting 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
Michael Taylor: Recreation Director
Crystal Morrow, Administrative Analyst II
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 the meeting of August 6, 2008 was properly posted on August 1,
2008.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Kathy Forte addressed the Council regarding the Redwood Trees at the Gatehouse. She
noted trees were being removed at the Gatehouse without a tree removal permit. She
stated she brought this concern to the attention of City Arborist Kate Bear and the
Gatehouse Homeowners Association as well. She is concerned about the welfare of the
trees and would like assistance from the City.
Don Bowden addressed the Council regarding the construction project on Ronnie Way.
He stated the concern of the neighborhood is that a carport is being constructed and that
he and his neighbors would like this issue agendized for discussion on the next Council
agenda as carports should not be permitted on Ronnie Way.
Bob Wallace spoke about the retaining wall on Comer Avenue and stated the City should
not be spending $200,000 on repairing this wall and that it can be done for about
$200.00.
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Mimi Mather noted her concerns regarding the Ronnie Way carport construction and
stated the neighbors are in the process of circulating a petition and collecting signatures
supporting their concern and objection to carports on Ronnie Way. In addition, she also
asked that this item be agendized for discussion so the residents can be heard properly.
Paul Hernandez addressed the Council regarding his permit application to put a sign up
on Saratoga Lodge. He stated he was shocked at the cost of the fee, which was $2100
and that he would have to hire an architect to assist with the style of the sign, etc. He
noted that there has been a change in staff in the planning department since his initial
contact with the City and the new staff is now telling him there will be another fee of
$2500 plus a $2700 variance fee. He has asked for a refund of his application fee and
was told he could not get a refund and is now asking Council to look into this.
Linda Mighdoll addressed the Council regarding the carport concern on Ronnie Way and
asked Council to agendize this for discussion in an open forum.
Council Direction to Staff
Council directed staff to:
o Follow up with City Arborist Kate Bear regarding the tree removal concern at the
Gatehouse;
o Council directed Public Works Director John Cherbone to contact Bob Wallace
regarding repair work on the Comer Avenue retaining wall;
o Vice Mayor Page asked staff to provide background information on the carport
issue; and
o Council asked staff to provide them information regarding sign fee application
refunds.
Communications from Boards and Commissions
AT & T representative Leon Beauchman presented Council with a Light Speed
Medallion to show their appreciation to the Council and staff for their assistance in
allowing AT & T to upgrade the cable/Internet service in Saratoga.
Hakone Executive Director Lon Saavedra addressed the Council regarding the Joint
Meeting held at 6:00PM in the Administrative Conference Room. Mr. Saavedra thanked
the Council for the successful year they have had – especially regarding the infrastructure
concerns. He then introduced Dr. Masato Matsua, the new Board Chair. Dr. Matsua
thanked the Council for their continued support of Hakone Gardens.
Director Saavedra concluded his report by announcing the 85th Anniversary of Puccini’s
“Madame Butterfly” performance on September 5th; and on October 8th Hakone will be
hosting an Italian Festival and welcomed everyone to attend the festivities.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
None
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SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. City Council Minutes - August 4, 2004
STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor Page requested this item be removed from the Consent Calendar. Vice
Mayor Page stated he had submitted a correction to the City Clerk prior to the
meeting.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF AUGUST
4, 2004 AS AMENDED. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS
KING AND HUNTER ABSENT.
2. City Council Minutes - November 17, 2004
STAFF RECOMMENDATION:
Approve minutes.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF
NOVEMBER 17, 2004. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS
KING AND HUNTER ABSENT.
3. City Council Minutes - May 2, 2007
STAFF RECOMMENDATION:
Approve minutes.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 2,
2007. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND
HUNTER ABSENT.
4. City Council Minutes - August 1, 2007
STAFF RECOMMENDATION:
Approve minutes.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF AUGUST
1, 2007. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND
HUNTER ABSENT.
5. City Council Minutes - October 17, 2007
STAFF RECOMMENDATION:
Approve minutes.
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PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF
OCTOBER 17, 2007. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS
KING AND HUNTER ABSENT.
6. City Council Minutes - July 16, 2008
STAFF RECOMMENDATION:
Approve minutes.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 16,
2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND
HUNTER ABSENT.
7. CIP Study Session Minutes – July 19, 2008
STAFF RECOMMENDATION:
Approve minutes.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 19,
2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND
HUNTER ABSENT.
8. Treasurer’s Report for the Month Ended April 30, 2008
STAFF RECOMMENDATION:
Review and accept Treasurer’s Report for the Month Ended April 30, 2008.
PAGE/KAO MOVED TO ACCEPT TREASURER’S REPORT FOR THE
MONTH ENDED APRIL 30, 2008. MOTION PASSED 3-0-2 WITH
COUNCILMEMBERS KING AND HUNTER ABSENT.
9. Review of Accounts Payable Check Registers
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
July 10, 2008
July 17, 2008
July 24, 2008
PAGE/KAO MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES JULY 10, 2008, JULY 17, 2008 AND JULY
24, 2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND
HUNTER ABSENT.
10. Acceptance of $3,400 Grant from Saratoga Rotary for North Campus Improvements
STAFF RECOMMENDATION:
Adopt a resolution and approve a budget amendment to accept a $3,400 grant from
the Saratoga Rotary Club for North Campus improvements.
RESOLUTION NO. 08-052
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PAGE/KAO MOVED TO ADOPT A RESOLUTION AND APPROVE A
BUDGET AMENDMENT TO ACCEPT A $3,400 GRANT FROM THE
SARATOGA ROTARY CLUB FOR NORTH CAMPUS IMPROVEMENTS.
MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER
ABSENT.
11. Subdivision Improvement Agreement Extension
STAFF RECOMMENDATION:
1. Approve Amendment to the Subdivision Improvement Agreement between
Warren A. Sturla and the City of Saratoga.
2. Authorize the City Manager to execute the Subdivision Improvement Agreement
Amendment.
PAGE/KAO MOVED TO 1.) APPROVE AMENDMENT TO THE
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN WARREN A.
STURLA AND THE CITY OF SARATOGA. 2) AUTHORIZE THE CITY
MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT
AGREEMENT AMENDMENT. MOTION PASSED 3-0-2 WITH
COUNCILMEMBERS KING AND HUNTER ABSENT.
12. Award of Design Contract for the Village Pedestrian Enhancement Project
STAFF RECOMMENDATION:
Move to award a professional services contract with Gates and Associates for Design
Services in the amount of $99,612 connected to the Village Pedestrian Enhancement
Project and authorize the City Manager to execute the same.
PAGE/KAO MOVED TO AWARD A PROFESSIONAL SERVICES
CONTRACT WITH GATES AND ASSOCIATES FOR DESIGN SERVICES
IN THE AMOUNT OF $99, 612 CONNECTED TO THE VILLAGE
PEDESTRIAN ENHANCEMENT PROJECT AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE SAME. MOTION PASSED 3-0-2 WITH
COUNCILMEMBERS KING AND HUNTER ABSENT.
13. Amendment to Valet Parking Ordinance to Eliminate Annual Review Requirement
STAFF RECOMMENDATION:
Waive the Second Reading and adopt the Proposed Ordinance Amendment
ORDINANCE NO. 260
PAGE/KAO MOVED TO WAIVE THE SECOND READING AND ADOPT
THE PROPOSED ORDINANCE AMENDMENT. MOTION PASSED 3-0-2
WITH COUNCILMEMBERS KING AND HUNTER ABSENT.
14. Motor Vehicle (MV) Resolution authorizing No Parking or Stopping
STAFF RECOMMENDATION:
Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping”
on Marshall Lane
MV RESOLUTION NO. 279
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PAGE/KAO MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING “NO PARKING OR STOPPING” ON MARSHALL LANE.
MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER
ABSENT.
15. West Valley College Playfield Vertical Bypass Drainage Project (Sand Channel
Improvements) - Notice of Completion
STAFF RECOMMENDATION:
Move to accept the West Valley College Playfield Vertical Bypass Drainage Project
as complete and authorize staff to record the Notice of Completion for the
construction contract.
PAGE/KAO MOVED TO ACCEPT THE WEST VALLEY COLLEGE
PLAYFIELD VERTICAL BYPASS DRAINAGE PROJECT AS COMPLETE
AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION
FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 3-0-2 WITH
COUNCILMEMBERS KING AND HUNTER ABSENT.
PUBLIC HEARINGS
None
OLD BUSINESS
16. 2008 Fall Issue of The Saratogan
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Administrative Analyst Crystal Morrow presented the staff report and asked if
Council had any recommendations.
Mayor Waltonsmith invited public comment.
No one was present to comment on this item.
Council direction to staff regarding articles for the Fall issue of the Saratogan:
o Community Block Grants process, i.e., who can apply, how to apply and when
o Annual Block Party Events
o Community Garage Sale
o West Valley Recycling Annual Clean Up
o Hakone Gardens – Fall Foliage
o Naming of Recreation Building
NEW BUSINESS
None
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ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith – reported:
Hakone Foundation Executive Committee – noted they had just met in a Joint Meeting
earlier.
Sister City Liaison – noted the Sister City Exchange Students would be arriving the
following week and would be formally greeted at City Hall by Councilmember Kao.
KSAR – noted that Councilmember Hunter had informed her that a recently hired part
time Director for KSAR had suddenly passed away and the Council expressed their
sympathy to the family members.
Vice Mayor Chuck Page – announced:
West Valley Sanitation District – has done some research regarding the sewer clean out
system on a specific property in Saratoga that was not completed when the District
initially installed these systems. The District is working with the property owner to
complete the installation.
Councilmember Kathleen King – absent
Councilmember Jill Hunter – absent
Councilmember Aileen Kao – announced:
She was planning to attend the West Valley Solid Waste Joint Powers Association
meeting on Thursday, August 7th in place of Councilmember Hunter; however, the
meeting has been postponed until Thursday of the following week. (Assistant City
Manager Barbara Powell will notify Councilmember Hunter of this change).
CITY COUNCIL ITEMS
Vice Mayor Page commented about “sustainability” and noted that he and
Councilmember King approached several sports user groups to see if they would be
amenable to distributing reusable water bottles to their team members as well as the
competing team. Many of the user groups welcomed this suggestion and are considering
putting this suggestion in the Sports User Agreement.
Mayor Waltonsmith supported this idea and suggested Vice Mayor Page notify
Administrative Analyst Morrow if this does occur and Morrow could do a Press Release.
The Mayor also noted she would then let the Green Leaf Committee know about this
wonderful idea.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no further business, Mayor Waltonsmith adjourned the meeting at 7:40PM.
PAGE/KAO MOVED TO ADJOURN THE REGULAR MEETING AT 7:40PM ON
AUGUST 6, 2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING
AND HUNTER ABSENT.
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Respectfully submitted,
Ann Sullivan, CMC
Acting City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 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 Study Session Minutes – August 25, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following:
City Council Study Session – August 25, 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 August 25, 2008
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MINUTES
CITY COUNCIL/PLANNING COMMISSION
JOINT STUDY SESSION
AUGUST 25, 2008
Mayor Waltonsmith called the Joint Study Session meeting to order at 6:30PM.
ROLL CALL
PRESENT: Councilmembers:
Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck
Page, Mayor Ann Waltonsmith
ABSENT: None
ALSO
PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Ann Sullivan, Acting City Clerk
John Livingstone, Community Development Director
Shweta Bhatt, Associate Planner
Kate Bear, City Arborist
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 25, 2008
Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for the meeting of August 25, 2008, was properly posted on August
20, 2008.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
The following people requested to speak at tonight’s meeting:
Priscilla Ho – addressed the Council regarding city meetings pertaining to the Hillside
District Fence Ordinance and whether or not the public had received adequate
notification pertaining to this issue.
ORAL COMMUNICATION and COUNCIL DIRECTION TO STAFF
Council presented questions to staff regarding appropriate notification to the public
regarding notification of the Fence Ordinance issue.
Community Development Director John Livingstone noted staff did provide proper
notification to the community by placing numerous meeting and hearing notices in the
Saratoga news papers regarding the Hillside District fence meetings, including messages
on the City of Saratoga Website. In addition, the Planning Commission has held 8 public
meetings on this topic. The Saratoga news and Mercury News has also covered the topic.
19
2
JOINT MEETING AGENDA ITEM:
1. 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.
Associate Planner Shweta Bhatt presented the staff report noting the City Council heard
this item at their Regular meeting on July 16, 2008 and voted to continue the public
hearing to allow the applicant, appellants, and staff the opportunity to meet and reach a
compromise in order to approve and adopt the Resolution of the City Council of the City
of Saratoga affirming the Planning Commission’s approval of Design Review
Application PDR07-0016.
Associate Planner Shweta Bhatt noted that on July 30, 2008, all three parties met and the
appellants provided a list of preferred changes and discussed exterior modifications, such
as siding, windows, and shingles. During a second meeting on August 1, 2008, the
applicant provided attendees with sketches showing some of the recommended changes
from the previous meeting. Further modifications were also discussed and agreed to by
all parties; which was confirmed by Appellant Paul Ginouves. Modifications included:
• Lowering the foundation pad and finished floor of the home by 1-foot
• Lowering the plate height in the living room from 13-feet to 11-feet
• Changing the roof plan of the structure to reduce mass
• Changing the exterior material from stucco to siding
• Adding thicker trim to the top and sides of windows with simulated divided lites
• Reducing the height of the highest roof peak
The applicant redrew the plans, including a landscaping plan showing the location of
proposed screening. The City Arborist re-visited the site and recommended bushes for
landscape screening. In addition, the applicant provided a letter describing the changes to
the project since the previous hearing. City staff concluded the project was consistent
with the design review findings.
Mayor Waltonsmith invited public comments.
Seeing none, Mayor Waltonsmith closed the public comment.
Council discussion began and after some dialog regarding landscaping issues,
Councilmember Jill Hunter raised the topic of a letter staff had received on August 19,
2008, pertaining to the St. Charles Street Project, where the author of the unsigned letter
requested that the letter be placed in the City Council Agenda packet for this Study
Session; the letter was included in the agenda packet. The letter referenced the historical
significance of the original existing house on the property of discussion and if this home
had gone through the standard Historical Report procedures.
Community Development Director John Livingstone stated this particular home did go to
the Heritage Preservation Commission for review and it was the Commission’s consensus
that this specific property did not meet historic preservation status.
Councilmember Hunter requested that the Historical Home Preservation process be
agendized on a future Council meeting for further discussion.
20
3
Mayor Waltonsmith noted the Council was scheduled to meet with the Heritage
Preservation Commission in a Joint Meeting on Wednesday, September 3, 2008, and this
would be a topic of discussion.
Mayor Waltonsmith opened the public hearing.
Appellant Linda Ringsrud addressed the Council and thanked Councilmember Hunter for
bringing up the topic of “historical home preservation”. Mrs. Ringsrud noted her
concerns regarding the decision to demolish the original home. In addition, she thanked
the Council for the opportunity to meet with the Applicant in scheduled Study Sessions to
discuss the project and reach an agreement that was acceptable to both parties.
Appellant Paul Ginouves also thanked the Council for the opportunity to meet in
scheduled meetings in order to reach an acceptable agreement regarding the proposed
home design; however, he stated he felt there were unresolved issues regarding
vegetation landscape screening near the retaining wall.
Applicant Mohammad Estahbanaty thanked the Council and the neighbors for the
opportunity to meet in scheduled meetings to discuss the proposed home design in order
to reach an agreement acceptable by all parties. In addition, he voiced concerns
regarding drainage issues near the retaining wall if he was required to plant trees versus
shrubs/bushes. He stated he had done everything the neighbors had asked him to do
regarding the proposed two-story design and felt an agreement could be made regarding
the landscape screening concerns.
Mayor Waltonsmith invited public comment.
Bill Brown addressed the Council by thanking the Council, Community Development
Director Livingstone and Associate Planner Bhatt for their efforts in helping the applicant
and the neighbors to work together to reach an acceptable design review agreement. In
addition, he felt wood siding on the exterior would blend into the neighborhood better
than stucco.
Mayor Waltonsmith closed the public hearing.
Council, applicant and appellants discussed various landscape screening options and
asked City Arborist Kate Bear what her recommendations were regarding landscape
screening near the retaining wall.
City Arborist Kate Bear recommended planting screening shrubs instead of trees because
of tree root concerns near a retaining wall and the potential damage to the retaining wall
caused by tree roots. City Arborist Bear recommended the applicant plant Photinia
fraseri and Buddlera davidii shrubs.
Discussion continued regarding the type of shrubs that would be acceptable to both
Applicant and Appellants and both parties agreed that they would accept the
recommendations provided by City Arborist Kate Bear to plant the recommended shrubs.
Council unanimously agreed to accept the landscape recommendations by City Arborist
Kate Bear with modifications to Item 18 on the Resolution of Approval of Design
21
4
Review Application PDR07-0016 to plant Photinia fraseri and Buddlera davidii as
screening shrubs along the property lines near the retaining wall in lieu of planting trees.
RESOLUTION NO. 08-053
PAGE/KAO MOVED TO DENY THE APPEAL, THUS APPROVING THE
PROPOSED NEW TWO-STORY RESIDENCE WITH THE PROPOSED
EXTERIOR MODIFICATIONS AGREED UPON BY ALL PARTIES AND WITH
MODIFICATIONS TO CONDITION NO. 18 ON THE RESOLUTION THAT ALL
RECOMMENDATIONS CONTAINED IN THE CITY ARBORIST’S REPORTS
DATED FEBRUARY 21, 2008 AND AUGUST 19, 2008 SHALL BE FOLLOWED,
PROVIDED THAT THE SHRUBS USED SHALL BE THOSE RECOMMENDED
BY THE ARBORIST AND APPROVED BY CITY COUNCIL AT THE PUBLIC
HEARING ON AUGUST 25, 2008. THESE SHRUBS ARE PHOTINIA FRASERI
AND BUDDLERA DAVIDII. MOTION PASSED 5-0-0.
PAGE/KAO MOVED TO ADJOURN THE STUDY SESSION MEETING AT
7:30PM. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan
Acting City Clerk
22
SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Director
SUBJECT: Treasurer’s Report for the Month Ended May 31, 2008
RECOMMENDED ACTION
The City Council review and accept the Treasurer’s Report for the month ended May 31, 2008.
REPORT SUMMARY
California government code section 41004 requires that the City Treasurer (the Municipal Code of the
City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer)
submit to the City Clerk and the legislative body a written report and accounting of all receipts,
disbursements, and fund balances.
Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City
Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall
file a copy with the legislative body.
The following attachments provide various financial data and analysis for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL IMPACT
Cash and Investments Balance by Fund
As of May 31, 2008, the City had $162,943 in cash deposit at Comerica bank, and $17,101,940 on
deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of May 31, 2008 is $17,264,883 and
exceeds the minimum limit required.
Cash Summary
Unrestricted Cash
Comerica Bank 162,943$
Deposit with LAIF 17,101,940$
Total 17,264,883$
23
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A – Cash Balances by Fund
B – Change in Total Fund Balances by Fund
C – Cash and Investments by CIP Project
D – Change in Total Fund Balances by CIP Project
E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
24
ATTACHMENT A
The following table summarizes the City’s total cash and investment balances by Fund.
Fund Types Fund Description
Cash & Investment
Balance at
May 31, 2008
General General Fund 5,370,818$
Reserved Fund Balance
Petty Cash Reserve 1,300$
Retiree Medical Reserve 62,500$
Reserved for Development Deposits 604,909$
Designated Reserves:
Designated for Economic Uncertainty 1,500,000$
Designated for Operations 2,688,037$
Designated for Claims 38,695$
Designated for Development Services 750,171$
Designated for Environmental Services 710,667$
Special Revenue Landscape and Lighting Districts 225,214$
SHARP Program 106,383$
Capital Project Street Projects 1,586,094$
Park and Trail Projects 1,578,533$
Facility Improvement Projects 338,444$
Adminstrative Projects 103,405$
Debt Service Library Bond 356,096$
Internal Service Equipment Replacement 95,210$
IT Replacement 305,048$
Facility Maintenance (325)$
Equipment Maintenance (24,162)$
Information Technology Services 72,535$
Office Stores Fund 19,350$
Liability/Risk Management 60,949$
Workers Compensation (19,238)$
Trust/Agency Library Fund 695,886$
KSAR - Community Access TV 38,365$
Total City 17,264,883$
25
ATTACHMENT B
CHANGES IN TOTAL FUND BALANCE
The following table presents the ending Fund Balances for the City’s major fund types as at May 31,
2008. This table excludes Trust and Agency funds where the City acts merely as a third party custodian
of an outside party’s funds.
Fund Description
Fund
Balance
07/01/07
Inc/(Dec)
Jul-Apr Revenues Expenditures Transfers
Fund Balance
05/31/08
General
Undesignated Unreserved Balance 2,505,665 978,919 721,674 (381,032) 4,587,290
Reserved Fund Balance:
Petty Cash Reserve 1,300 - - - 1,300
Retiree Medical Reserve 62,500 - - - 62,500
Development Deposit Reserves 604,909 604,909
Designated Fund Balances:-
Designated Economic Uncertainty 1,500,000 - - - 1,500,000
Designated for Operations 2,688,036 - - - 2,688,036
Designated for Claims 38,695 38,695
Designated for Development 750,171 - - - 750,171
Designated for Environmental 710,668 - - - 710,668
Special Revenue
Landscape/Lighting 316,077 118,163 1,235 210,241 225,233
SHARP Loan 89,588 15,684 1,111 - 106,383
Capital Project
Street Projects 2,141,646 (1,066,907) 701,574 15,564 - 1,760,746
Park and Trails 1,507,815 136,302 - 65,585 - 1,578,533
Facility Improvements 441,991 (32,817) - 70,732 - 338,444
Adminstrative Projects - 162,695 - 59,290 - 103,405
Debt Service
Library Bond 746,556 (399,356) 8,895 - 356,096
Internal Service Fund
Equipment Replacement 8,572 123,786 - 37,149 95,209
Technology Replacement 352,280 (39,428) - 7,805 305,048
Building Maintenance (15,617) 38,722 - 54,317 (31,212)
Equipment Maintenance - (715) - 23,447 (24,162)
Information Technology Services - 35,258 - (37,767) 73,025
Stores Fund - 21,335 - 1,985 19,350
Liability/Risk Management - 61,457 1,999 2,507 60,949
Workers Compensation - (18,643) - 596 (19,238)
Total City 14,450,852 134,457 1,436,487 130,418 - 15,891,379
26
ATTACHMENT C
CASH AND INVESTMENTS BALANCES BY CIP PROJECT
The following table details the cash balances for each project in the Streets, Parks & Trails, Facility
Improvements, and Administrative Project Program Funds.
CIP Funds/Projects
Cash & Investment
Balance at
May 31, 2008
Street Projects
Traffic Safety 11,757
Highway 9 Safety Project 58,960
Annual Street Resurfacing Project 405,519
Sidewalks Yearly Project 98,980
Saratoga Sunnyale Road Resurfacing (156,061)
Fourth Street Bridge 100,000
Highway 9 and Oak Place Pedestrian Sign (164,891)
Quito Road Bridge Replacement 9,730
Quito Road Bridge Construction 115,726
Village Newsrack Enclosur (2,464)
Village Façade Program (570)
Solar Power Radar Feedback Signs 24,158
El Quito Area Curb Replacement 18,195
Sobey Road Culvert Repair 150,000
Median Repairs(Landscape/Irrig.)2,638
Village Improvements 50,000
Village Trees & Lights at Sidestreets 31,965
Cox Ave Railroad Crossing Upgrade (6,599)
Prospect Road Median 19,508
City Entrance Sign/Monument 13,467
Village-Streetscape Impv (Sidewalk, Curbs)666,055
Saratoga-Sunnyvale/Gateway -
Saratoga-Sunnyvale ADA Curb Ramps (2,525)
Storm Drain @ El Camino / Mt Vista 85,321
Saratoga-Sunnyvale/Gateway Sidewalk 57,224
Total Street Projects 1,586,094$
Parks & Trails
Park Development 28,507
EL Quito Park Improvement (3,684)
Beauchamp Park Fund 13,362
Wildwood Park - Water Feature/Seating 7,199
Historical Park Landscape 37,200
Citywide Tree Replanting 140,259
Hakone Garden D/W 162,829
Wildwood Park Improvement (4,543)
Carnelian Glen Footbridge (2,903)
DeAnza Trail (52,057)
Kevin Moran Improvements 1,042,266
West Valley Soccer Field 93,301
Park/Trail Repairs 21,130
Heritage Orchard Path 24,971
Trail Segment #3 Repair 7,912
Teerlink Ranch Trail 22,242
San Marcos OP Space Trail 981
CIP Allocation Fund 39,563
Total Parks & Trails 1,578,533$
Facility Improvements
Civic Center Landscape 21,056
Warner Hutton House Improvements 5,868
Facility Projects (27,766)
Fire Alarm at McWilliams & Museum 18,088
North Campus Improvements 322,896
Historical Park Fire Alarm System (1,699)
Total Facility Improvements 338,444$
Administrative Projects
Financial System Upgrade 10,674
Document Imaging Project 92,731
Total Administrative Projects 103,405$
Total CIP Funds 3,606,476$
27
ATTACHMENT D
FUND BALANCES BY CIP PROJECT
The following table details the fund balances for each project in the Streets, Parks & Trails, Facility
Improvements, and Administrative Project Program Funds.
CIP Funds/Projects
Fund
Balance
07/01/07
Inc/(Dec)
Jul-Apr Revenues Expenditures Transfers
Fund
Balance
05/31/08
Street Projects
Traffic Safety 41,355 (15,404) - 14,194 11,757
Highway 9 Safety Project 58,960 - - - 58,960
Annual Street Resurfacing Project 438,338 (540,383) 505,064 - 403,019
Sidewalks Yearly Project 108,605 (9,625) - - 98,980
Saratoga Sunnyale Road Resurfacing - (156,061) 24,573 - (131,488)
Fourth Street Bridge 100,000 - - - 100,000
Highway 9 and Oak Place Pedestrian Sign (164,891) - 152,580 - (12,311)
Quito Road Bridge Replacement 9,730 - - - 9,730
Quito Road Bridge Construction 113,859 1,867 - - 115,726
Village Newsrack Enclosur - (1,849) - 615 (2,464)
Village Façade Program - (570) - - (570)
Solar Power Radar Feedback Signs 15,000 (5,036) - (14,194) 24,158
El Quito Area Curb Replacement 213,179 (194,983) - - 18,196
Sobey Road Culvert Repair 150,000 - - - 150,000
Storm Drain Upgrades 11,314 (11,314) - - -
Median Repairs(Landscape/Irrig.)4,021 (1,383) - - 2,638
Village Improvements 50,000 - - - 50,000
Village Trees & Lights at Sidestreets 7,000 24,965 - - 31,965
Cox Ave Railroad Crossing Upgrade 24,392 (50,348) 19,357 - (6,599)
Prospect Road Median 50,000 (25,121) - 5,370 19,508
City Entrance Sign/Monument 13,467 - - - 13,467
Village-Streetscape Impv (Sidewalk, Curbs) 737,846 (62,213) - 9,578 666,055
Saratoga-Sunnyvale/Gateway 74,148 (74,148) - - -
Saratoga-Sunnyvale ADA Curb Ramps - (2,525) - - (2,525)
Storm Drain @ El Camino / Mt Vista 85,321 - - - 85,321
Saratoga-Sunnyvale/Gateway Sidewalk - 57,224 - - 57,224
Total Street Projects 2,141,646 (1,066,907) 701,574 15,564 - 1,760,748
Parks & Trails
Park Development 209,087 (180,580) - - 28,507
EL Quito Park Improvement - (3,684) - - (3,684)
Beauchamp Park Fund - 13,362 - - 13,362
Wildwood Park - Water Feature/Seating - 7,199 - - 7,199
Historical Park Landscape - 37,200 - - 37,200
Citywide Tree Replanting - 146,176 - 5,917 140,259
Hakone Garden D/W 164,283 (1,454) - - 162,829
Wildwood Park Improvement - - - 4,543 (4,543)
Carnelian Glen Footbridge - (2,903) - - (2,903)
DeAnza Trail (184,219) 140,418 - 8,256 (52,057)
Kevin Moran Improvements 1,112,298 (64,312) - 5,720 1,042,266
West Valley Soccer Field 155,868 (23,419) - 39,149 93,301
Park/Trail Repairs 44,558 (23,429) - - 21,130
Heritage Orchard Path - 24,971 - - 24,971
Trail Segment #3 Repair - 9,912 - 2,000 7,912
Teerlink Ranch Trail - 22,242 - - 22,242
San Marcos OP Space Trail - 981 - - 981
CIP Allocation Fund 5,939 33,624 - - 39,563
Total Parks & Trails 1,507,815 136,302 - 65,585 - 1,578,533
Facility Improvements
Civic Center Landscape 63,703 (37,525) - 5,123 21,055
Warner Hutton House Improvements 25,000 (7,140) - 11,993 5,868
Facility Projects - (4,545) - 23,221 (27,766)
Fire Alarm at McWilliams & Museum 25,000 (6,912) - - 18,088
North Campus Improvements 322,025 23,304 - 22,433 322,896
Historical Park Fire Alarm System 6,262 - - 7,961 (1,699)
Total Facility Improvements 441,991 (32,817) - 70,732 - 338,444
Administrative Projects
Financial System Upgrade - 69,964 - 59,290 10,674
Document Imaging Project - 92,731 - - 92,731
Total Administrative Projects - 162,695 - 59,290 - 103,405
Total CIP Funds 4,091,452 (800,727) 701,574 211,170 - 3,781,130
28
ATTACHMENT E
29
Dave Anderson
Melanie Whittaker Mary Furey
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
July 31, 2008
August 07, 2008
REPORT SUMMARY:
Attached are the Check Registers for:
Date Check No.
07/31/08 108394 108405 12 40,413.79 07/31/08 07/24/08 108393
07/31/08 110094 110131 38 42,275.18 07/31/08 07/24/08 110091
08/07/08 108412 108428 17 144,307.64 08/07/08 07/31/08 108405
08/07/08 110132 110201 70 67,633.81 08/07/08 07/31/08 110131
Accounts Payable 08/14/08 108429 108435 7 49,261.47 08/14/08 08/07/08 108428
Accounts Payable 08/14/08 110202 110243 42 83,161.33 08/14/08 08/07/08 110201
Accounts Payable 08/21/08 108436 108440 5 20,044.19 08/21/08 08/14/08 108435
Accounts Payable 08/21/08 110244 110306 63 97,002.15 08/21/08 08/14/08 110243
Total: $544,099.56
AP Date Check No. Issued to Dept.Amount
07/31/08 108396 CDD 12,916.67
07/31/08 108401 CDD 12,964.03
08/07/08 108414 CIP 127,136.63
08/07/08 110183 Various 14,978.15
08/14/08 108430 Public Works 17,779.00
08/14/08 108435 Public Works 25,520.10
08/14/08 110211 Public Safety 31,524.00
08/21/08 108440 Public Works 14,840.00
08/21/08 110250 CDD 14,176.04
Campbell Union HS
District
Prospect Field Rental Fall
2007 & Spring 2008
City of San Jose
Animal Control - Monthly
Services (prior year)
San Jose Water Co Various Monthly Service - Water
RBF Consulting General Housing Element
CRW Industries N Campus/19848 Prospect
Fellowship Hall - N
Campus
Purpose
City of San Jose General
Animal Control - Monthly
Services (prior year)
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
August 14, 2008
DEPARTMENT:Finance & Administrative Services
PREPARED BY:DEPT. DIRECTOR:
CITY MANAGER:
SARATOGA CITY COUNCIL
MEETING DATE:September 3, 2008 AGENDA ITEM:
August 21, 2008
Matt Novakovich General
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund
City of San Jose
CA ID Program FY
2008/2009
Quarterly Orchard
Maintenance
West Valley Sanitation
District General
West Valley Clean Water
03/01-06/30/08
General
General
General
30
08/21/08 110264 Public Works 15,031.25
George Bianchi
Construction Sidewalk Repair Program
Saratoga Rd Concrete
Repair
31
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No. Issued to Amount
7/29/2008 110092 Liebert Whitmore (2,992.00)
7/29/2008 110093 2,992.00
7/31/2008 108411 (23,647.99)
7/31/2008 83775
7/31/2008 84190
7/31/2008 84374
7/31/2008 86044
7/31/2008 90969
7/31/2008 91016
7/31/2008 91054
7/31/2008 92726
7/31/2008 92874
7/31/2008 93492
7/31/2008 96232
7/31/2008 96359
7/31/2008 96411
7/31/2008 97187
7/31/2008 97790
7/31/2008 97970
7/31/2008 99380
7/31/2008 99485
7/31/2008 100131
7/31/2008 100464
7/31/2008 100465
7/31/2008 100564
8/21/2008 108436 (14,840.00)
8/21/2008 108400 Anil Paul Void-Reissue (353.49)
The following is a list of cash reduction by fund:
Fund #AP 7/31 AP 8/07 AP 8/14 AP 8/21 Total
001/111 General 59,585.84 62,473.40 116,412.69 72,955.90 311,427.83
201/246 Manor Drive Landscape - - - - -
202 Ferdericksburg Landscape - - - 31.21 31.21
203 Greenbriar Landscape - - - 215.88 215.88
204 Quito Lighting - - - - -
205 Azule Lighting - - - - -
206 Sarahills Lighting - - - - -
207/231 Village Lighting - 338.29 338.29 676.58 1,353.16
209/251 McCartysville Landscape - 523.19 523.19 352.24 1,398.62
210 Tricia Woods Landscape - - - 55.53 55.53
211 Arroyo de Saratoga Landscape - - - 165.71 165.71
212 Leutar Court Landscape - - - 57.49 57.49
215 Bonnet Way Landscape - - - 445.81 445.81
216 Beauchamps Landscape - - - 17.71 17.71
217 Sunland Park Landscape - - - - -
222 Prides Crossing Landscape - - - 218.00 218.00
224 Village Commercial Landscape - - - - -
225 Saratoga Legends Landscape - - - - -
226 Bellgrove Landscape - 212.32 212.32 5,816.22 6,240.86
227 Cunningham/Glasgow Landscp - - - 191.24 191.24
228 Kerwin Ranch Landscape - - - - -
Campbell HS District Void-Reissue
Various Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Various
Various
Various
Various
Various
Various
Various
Various
Various
Liebert Whitmore Manual - BARE 08/09
Fund Description
Void-Stale Dated
Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Void-Stale Dated
Void-Stale Dated
Description
Void-Printing Error
Various Void-Stale Dated
Various Void-Stale Dated
Various Void-Stale Dated
Void-Stale Dated
Void-Stale Dated
Void-Stale Dated
Various Void-Stale Dated
Void-Printing Error
Void-Stale Dated
32
229 Tollgate LLD - 26.32 26.32 52.64 105.28
Fund #- - - - -
231 Horseshoe Landscape/Lighting - - - - -
232/273 Gateway Landscape - 119.19 - 681.67 800.86
233 Carnelian Glen - - - - -
270 CDBG Administration - - - - -
271 Saratoga Housing & Rehab.Prg.- - - - -
290 Recreation Spec Rev Fund - - - - -
320 Library Expansion Cap Prg.- - - - -
400/311 Library Bond Debt Service - - - - -
411 CIP Street Projects 8,722.24 3,227.18 2,223.15 15,695.64 29,868.21
412 CIP Parks Projects 185.17 - 805.00 5,624.79 6,614.96
413 CIP Facility Projects - - 1,044.00 - 1,044.00
414 CIP Admin Projects - - - 2,805.51 2,805.51
421 Tree Fine Fund - 1,883.89 - - 1,883.89
431 Grant Fund - CIP Streets - 173.20 - - 173.20
481 Gas Tax Fund - - 216.65 1,418.84 1,635.49
501/631 Equipment Replacement ISF 625.31 - 915.06 - 1,540.37
502 Information Technology - - - - -
503/624 Facility Improvement 3,107.92 2,012.45 5,678.50 10,798.87
504 Facilities 3,542.38 893.91 94.40 4,530.69
505/622 Information Technology 5,494.95 539.95 2,143.52 5,390.00 13,568.42
506/621 Office Stores Fund 1,425.16 2,440.93 - 1,465.28 5,331.37
510/611 Liability/Risk Mgt - - - - -
511/612 Workers' Comp - - - - -
623 Vehicle & Equimpent Maint - - 2,756.19 437.14 3,193.33
624 Building Maintenance - - - 3,004.53 3,004.53
632 IT Equipment Replacement - 179.43 - - 179.43
701 Traffic Safety - - - - -
702 Highway 9 Safety - - - - -
704 - - - - -
706 Sidewalk Annual Project - - - - -
708 - - - - -
716 Highway 9/Oak Pedestrain - - - - -
720 KSAR/CATV Agency Fund - - - - -
724 Village Newsrack Enclosures - - - - -
726 2 Solar Radar Feedbacks - - - - -
727 El Quito Area Curb Replacement - - - - -
731 Storm Drain Upgrades - - - - -
732 Median Landscape/Irrigation - - - - -
734 Civic Center Landscape - - - - -
735 Village Lights (Zone 7A)- - - - -
736 Village Trees Lighting - - - - -
738 Cox Ave Railroad Crossing - - - - -
739 - - - - -
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 - 2,934.75 - - 2,934.75
752 - - - - -
755 Warner Hutton House Improv.- - - - -
760 Facility Projects - - 74.69 - 74.69
761 - - - - -
Document Imaging Project
Fire Alarm McWill&Book Go
Saratoga Sunnyvale PH 2
Fund Description
Prospect Road Medians
Sara-Sun ADA Curb Ramps
Annual Street Resurfacing
The following is a list of cash reduction by fund continued:
33
762 North Campus/19848 Prospect - 127,136.63 - - 127,136.63
766 Historical Park Fire Alarm - - - - -
Fund #- - - - -
778 - - - - -
780 - - - - -
783 - - - - -
785 - - - - -
786 - - - - -
788 - - - - -
789 - - - - -
790 - - 58.95 - 58.95
791 - 6,826.42 - - 6,826.42
792 - - - - -
793 - - - - -
794 - - - - -
795 - - - - -
796 - - - - -
797 San Marcos OP Space Trail - - - - -
82,688.97 211,941.45 133,522.92 117,775.56 545,928.90
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the A/P Checks By Period and Year report format
TOTAL
Parks/Trails Repair
Heritage Orchard Path
Trail Segment #3 Repair
Teerlink Ranch Trail Repair
Carnelian Glen Footbridge
UPRR/De Anza Trail
Kevin Moran
Alternative Soccer Field
Wildwood Park - Wtr/Seat
Citywide Tree Replanting
Hakone Garden D/W
Wildwood Park Improvement
El Quito Park Improvement
Beauchamp Park Fund
Fund Description
The following is a list of cash reduction by fund continued:
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40
41
42
43
44
45
46
47
4
8
49
50
51
5
2
5
3
5
4
5
5
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Revised Fiscal Year 2008/09 Gann Appropriation Limit
RECOMMENDED ACTION
Adopt resolution approving the revised Gann Appropriations Limit for FY 2008/09.
REPORT DISCUSSION
On June 4, 2008, Council adopted the Gann Appropriation Limit for fiscal year 2008/09. Subsequently, it
was determined the City population factor (1.31%) was mistakenly used in place of the State per capita
factor (4.29%) in the appropriation calculation schedule, resulting in a incorrect Gann Appropriation
Limit for FY 2008/09. Staff is requesting Council adopt the revised Gann Appropriation Limit for FY
2008/09 to correct this error. The following discussion reiterates the annual Gann Appropriation Limit
discussion presented to Council:
On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann
Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This
proposition, which became effective in fiscal year 1980/81, mandated an appropriations (spending) limit
on the amount of tax revenues that the State and most local government jurisdictions may appropriate
within a fiscal year. This limit grows annually by a population and cost-of-living factor.
The State Appropriation Limit was since modified by two subsequent initiatives - Proposition 98 in 1988
and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding
appropriation limit levels to the State of citizens through a process of refunds, rebates, or other means.
Proposition 111 allowed more flexibility in the appropriation calculation factors.
Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans, donations and other
non-tax proceeds are excluded. Exemptions are also made for voter-approved debt which existed prior to
January 1, 1979, and for the cost of compliance with court or Federal government mandates.
The City Council adopts an annual resolution establishing an appropriations limit for the following fiscal
year using population and per capita personal income data provided by the State of California’s
Department of Finance. Each year’s limit is based on the amount of tax proceeds that were authorized to
be spent in fiscal year 1978/79, with inflationary adjustments made annually to reflect increases in
population and the cost of living.
The California Department of Finance distributes the annual percentage change per capita personal
income and the percentage population change within the City and the County to jurisdictions on May 1st
each year. The County’s percentage increase in population change is combined with the State’s change in
57
per capita income to determine the City’s appropriation factor. The current year’s appropriation limit is
then increased by this appropriation factor to calculate the Gann Appropriation Limit for the following
fiscal year. The calculation for the FY 2008/09 limit is as follows:
% Increase in Change in 2007/08 2008/09
County Per Capita Appropriation Appropriation Appropriation
Population Income Factor Limit Limit
1.0172 X 1.0429 = 1.0608 X 28,837,681$ = 30,592,105$
FY 2008/09 Calculation
Summary:
The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may
appropriate in the following fiscal year. The City’s proposed budget for FY 2008/09 anticipates
$10,181,000 in tax revenues, which is $20,411,105 less than the appropriation limit of $30,592,105.
Conclusion:
It is recommended that the Council adopt the resolution approving the FY 2008/09 Gann Appropriation
Limit of $30,592,105
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City will not be in compliance with Article XIIIB of the State of California Constitution.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A - Gann Appropriation Limit Factors and Calculation
B – Resolution
58
Attachment A
For Beginning County City Per Ending %
YE Population Population Capita Limit
Limit Factor Factor Income Limit Increase
1994 13,202,594 1.0171 1.0053 1.0272 13,793,609 4.48%
1995 13,793,609 1.0160 1.0050 1.0071 14,113,809 2.32%
1996 14,113,809 1.0170 1.0227 1.0472 15,115,486 7.10%
1997 15,115,486 1.0108 1.0071 1.0467 15,992,250 5.80%
1998 15,992,250 1.0216 1.0289 1.0467 17,222,848 7.69%
1999 17,222,848 1.0212 1.0154 1.0415 18,317,873 6.36%
2000 18,317,873 1.0173 1.0072 1.0453 19,478,927 6.34%
2001 19,478,927 1.0163 1.0055 1.0491 20,768,439 6.62%
2002 20,768,439 1.0147 1.0055 1.0782 22,721,701 9.40%
2003 22,721,701 1.0125 1.0191 0.9873 23,092,833 1.63%
2004 23,092,833 1.0079 1.0029 1.0231 23,694,794 2.61%
2005 23,694,794 1.0072 1.0000 1.0328 24,471,983 3.28%
2006 24,471,983 1.0112 1.0124 1.0526 26,078,624 6.57%
2007 26,078,624 1.0118 1.0034 1.0396 27,203,516 4.31%
2008 27,203,516 1.0152 1.0138 1.0442 28,837,681 10.58%
2009 28,837,681 1.0172 1.0077 1.0429 30,592,105 12.46%
% Increase in Change in 2007/08 2008/09
County Per Capita Appropriation Appropriation Appropriation
Population Income Factor Limit Limit
1.0172 X 1.0429 = 1.0608 X 28,837,681$ = 30,592,105$
2008/09 2008/09 Percentage
Tax Appropriation of
Revenues Limit Limit
10,181,000 / 30,592,105$ = 33%
June 30
Percentage of Appropriation
FY 2008/09 Calculation
APPROPRIATION LIMIT FACTORS
AppropriationAppropriation
59
Attachment B
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING THE FISCAL YEAR 2008/09 GANN LIMIT APPROPRIATION
FOR THE CITY OF SARATOGA
WHEREAS, the City of Saratoga has established its Base Year Appropriation Limit as
$5,961,747 in Fiscal Year 1978/79; and
WHEREAS, the cumulative changes to population and to the California per capita personal
income since the Base Year established the revised Proposition 111 Fiscal Year 1996/97 Appropriation
Limit as $16,153,314, and
WHEREAS, to the best of the City’s knowledge and belief, the State Department of Finance
figures provided to the City in response to Proposition 111 passed by the voters in June 1990, reflects the
appropriate statistics relevant to the calculation of the Fiscal Year 2008/09 Appropriation Limit, which
includes:
• County population adjustments for the year ended December 31, 2007 equal to 1.72%, and
• City population adjustment for the year ended December 31, 2007 equal to .77%, and
• Change in California per capita cost of living for fiscal year 2008/09 equal to 4.29%
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby
resolves that, based on the foregoing figures and the provisions of the Article XIIIB of the Constitution of
the State of California, the following figure accurately represents the Fiscal Year 2008/09 Appropriation
Limit for the City of Saratoga at: $30,592,105
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 3rd day of September 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________
Ann Waltonsmith, Mayor
ATTEST:
_____________________________
Ann Sullivan, Acting City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer Public Works Director
SUBJECT: Award Construction Contract for Kevin Moran Park Improvement Project to B & B
Landscape Contractors, Inc. and Approve Contract Amendment with MPA Design
RECOMMENDED ACTIONS:
1. Approve attached budget resolution.
2. Move to declare B & B Landscape Contractors, Inc. to be the lowest responsible bidder on the
project.
3. Move to award a construction contract for Kevin Moran Park Improvement Project to B & B
Landscape Contractors, Inc. in the amount of $1,312,006.90 and authorize the City Manager to
execute the same. Authorize staff to execute change orders to the construction contract in the
amount of $11,717.82.
4. Amend contract with MPA Design for bid support and construction observations in the amount of
$25,000.
REPORT SUMMARY:
In 2006, the City Council approved a Conceptual Design Plan for the Kevin Moran Park Improvement
Project. Subsequently, the City Council reviewed and approved required environmental documents and the
final design plan for the project.
The approved scope of work consists of supplying all labor, equipment and materials to replace 4 acres of
remnant orchard trees on the north and south ends of the park with developed park uses and the
construction of new park facilities, including a tennis court, half basketball court, two bocce courts, rolling
and gently sloping and flat grass areas, picnic areas, a meditation garden, a screened area for storage of
sports equipment, associated park facilities, and a restroom.
Sealed bids for the Kevin Moran Park Improvement Project were opened on August 26, 2008. A total of
five contractors submitted bids; a summary of the bids received is attached. B & B Landscape Contractors,
Inc. of San Jose submitted the lowest bid in the amount of $1,312,006.90. Staff has carefully checked the
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bid along with the listed references and has determined that the bid is responsive to the Notice inviting
Sealed Bids dated July 24, 2008.
In light of the fairly complex nature of the project, it was necessary to engage MPA Design during the bid
phase and it is recommended that MPA Design provide construction observation services during the
construction phase. MPA Design provided excellent services during the design phase of this project and it
is recommended that the City amend MPA Design’s contract in the amount of $25,000.
Therefore staff recommends that the Council declare B & B Landscape Contractors, Inc. to be the lowest
responsible bidder on the project, award a construction contract to this firm in the amount of their bid,
authorize the City Manager to execute the contract, and authorize staff to execute change orders to the
contract up to an amount of $11,717.82 to cover any unforeseen circumstances and additional work, which
may arise during the course of the project.
Further, it is recommended that the Council approve a contract amendment with MPA Design in the
amount of $25,000 and authorize the City Manager to execute the same.
FISCAL IMPACTS:
The following table provides an overview of the project budget, which will be funded from programmed
funds in the Kevin Moran Park Improvement Project and transfers from two completed CIP projects, which
were finished under budget. Attached is a budget resolution transferring funds as shown below.
Kevin Moran Park Improvement Project Budget Information:
Kevin Moran Park Improvement Project $1,271,057.20
Cox Avenue Railroad Crossing $69,043.52
City-wide Traffic Signal Upgrade $33,624.00
TOTAL $1,373,724.72
Expenditures:
Construction Contract with B & B Landscape Contractors $1,312,006.90
Construction Change Orders $11,717.82
MPA Contract Amendment $25,000.00
Rodent Control $25,000.00
TOTAL $1,373,724.72
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
B & B Landscape Contractors, Inc. would not be selected for this project. The Council may make specific
findings to declare another bidder to be the lowest responsible bidder, or reject all the bids and direct staff
to re-bid the entire project again.
ALTERNATIVE ACTION:
None in addition to the above.
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FOLLOW UP ACTION:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin at the
end of September and will be completed within six months.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Informational construction signs will be posted on site. Local residents have been notified about the
upcoming construction.
ATTACHMENTS:
1. Bid Summary
2. Construction Contract with B & B Landscape Contractors, Inc.
3. Contract Amendment with MPA Design
4. Budget Resolution
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CITY OF SARATOGA:KEVIN MORAN PARK IMPROVEMENT PROJECT
BID RESULTS SUMMARY: BID OPENING 8/26/08 10:00 a.m.
Bidder (Company Name)B&B Landscape Const.Star Construction McGuire & Hester Valley Crest Lanscaping Robert A. Bothman Inc.
$1,312,006.90 1,384,290.11$ $1,407,900.44 $1,743,624.78 $1,753,745.00Bid Amount
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155
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2008/09
TO PROVIDE FUNDING FOR THE KEVIN MORAN PARK IMPROVEMENT
PROJECT
WHEREAS, the City Council desires to improve Kevin Moran Park; and
WHEREAS, financing in the amount of $102,667 is needed for said project; and
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2008/09 budget as
follows:
Account Description Account# Amount
To appropriate project expenditures to be funded 412.9237-001.81161 102,667
From CIP Park Fund un-appropriated Fund Balance
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby approves adjustments to the Fiscal Year 2008/09 budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on 3rd day of September 2008 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Ann Waltonsmith, Mayor
City of Saratoga
Attest:
_______________________
Ann Sullivan, Acting City Clerk
156
SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: KSAR Contract Amendment
RECOMMENDED ACTION:
Accept report and approve KSAR contract amendment.
BACKGROUND:
In July 2005, the City of Saratoga entered an agreement with KSAR to broadcast City Council
and Planning Commission meetings. Since then, the City has asked KSAR to provide additional
services at an additional cost to the City. These services include:
1. Indexing Council and Planning Commission meetings on the City’s Granicus system for
web streaming; and
2. Copying VHS tapes of City Council meetings from 1997-2001 to DVDs and transcoding
DVDs to a format compatible with web streaming through the City’s Granicus system.
The Council also allocated $9,000 in one-time funding to allow KSAR to make equipment
upgrades that will improve the recording and broadcasting of meetings held in the Council
Chambers. The funding will cover:
1. Extending audio controls to the sound booth in the Council Chambers;
2. One-time installation cost of new components in the KSAR studio that will allow KSAR
to send a signal AT&T U-verse cable television customers; and
3. Creating an audio/visual link to the LCD projection system in the Chambers.
The suggested amendment to the City’s contract with KSAR recognizes the expanded services
already provided by KSAR and the improvements to be made with the $9,000 allocated to
KSAR this fiscal year.
FISCAL IMPACTS:
The suggested contract amendment will have no additional fiscal impacts as it reflects services
currently being provided by KSAR and funding that has already been allocated to KSAR for
improvements.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Page 1 of 2
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Page 2 of 2
The City’s contract with KSAR will not accurately represent services currently provided by
KSAR or planned improvements to service.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: KSAR contract amendment
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER:
PREPARED BY: DEPT HEAD:
Ann Sullivan, Acting City Clerk Dave Anderson, City Manager
SUBJECT: Resolution Declaring Hazardous Vegetation on Specified Properties to be a
Public Nuisance
RECOMMENDED ACTION:
Open public hearing; listen to public testimony; and close public hearing. Adopt resolution
declaring hazardous vegetation on specified properties to be a public nuisance.
REPORT SUMMARY:
This is the second hazardous vegetation/weed abatement proceeding undertaken this year,
necessitated by the unusually high fire threat present this year.
The required posting and publishing for this hearing has been done. Property owners have been
noticed by mail to remove hazardous vegetation. Those properties not in compliance are listed
in Attachment B as determined by the Office of the County Agricultural Commissioner. This
hearing is an opportunity for those objecting to the declaration of nuisance to come forward and
be heard.
The City annually, and as needed, declares hazardous vegetation to be a nuisance due to fire
danger and pursuant to an existing contract with the Office of the County Agricultural
Commissioner gives notice and conducts a subsequent hearing on whether to abate the hazardous
vegetation if is not removed by the owner of the subject property after the declaration of
nuisance.
FISCAL IMPACTS:
Administrative and other costs may be charged to the property owner.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The next steps in the abatement process by the City and the Office of the County Agricultural
Commissioner will not proceed. It would be necessary to depend upon the property owners to
take care of their own abatement.
ALTERNATIVE ACTION:
None.
FOLLOW UP ACTION:
Give additional notice to property owners regarding hearing on order for abatement and adopt
resolution ordering abatement at subsequent City Council meeting. 162
The Office of the County Agricultural Commissioner will begin abatement after time for
property owners to remove hazardous vegetation has expired without compliance with the order
for abatement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Public Hearing was published in the Mercury News, posted, and also mailed to
affected property owners.
ATTACHMENTS:
Attachment A – Resolution Declaring Nuisance
Attachment B – Legal Notification to Public and Property Owners
Attachment C – Santa Clara County Weed Abatement Program – 2008 Special Weed Abatement
Program Commencement Report – City of Saratoga
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RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, hazardous vegetation (brush) is declared a nuisance and will be abated by the
Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from
which they are removed if the owners thereof fail to do so; and
WHEREAS, the County Fire Marshall has given Notice to all property owners found in non-
compliance; and
WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted a public
hearing this date with respect thereto, at which time all property owners having any objections to the
proposed destruction or removal of such attest:
RESOLVED, by the City Council of the City of Saratoga hazardous vegetation (brush) is
declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost
thereof made a lien upon the private properties from which they are removed if the owners thereof fail to
do so, and a hearing was held on June 4, 2008, during which all property owners having any objections to
the proposed destruction or removal of such hazardous vegetation (brush) were heard and given due
consideration; and
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Saratoga, that
hazardous vegetation (brush) is authorized to be abated by the Office of the Agricultural Commissioner
and the cost thereof made a lien upon the private properties from which they are removed if the owners
thereof fail to do so.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular
meeting held on the 4th day of June 2008, by the following vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
Ann Waltonsmith, Mayor
ATTEST:
164
Ann Sullivan,
Acting City Clerk
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION GROWING ON SPECIFIED
PROPERTIES TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC
HEARING ON ABATEMENT
WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain
private properties:
APN 397-05-028 at 14521 Quito Road, Saratoga, California
APN 503-13-067 on Mt. Eden Road, Saratoga, California; and
WHEREAS, said vegetation has attained such growth as to become a fire menace; and
WHEREAS, said vegetation constitutes a public nuisance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as
follows:
1. That hazardous vegetation exists on the following properties:
APN 397-05-028 at 14521 Quito Road, Saratoga, California
APN 503-13-067 on Mt. Eden Road, Saratoga, California
and is hereby declared and does now constitute a public nuisance; and
2. That as a declared public nuisance the hazardous vegetation on the subject properties may be
ordered abated by the City of Saratoga and the cost thereof collected from the owners of the
above described private properties if the owners thereof fail to complete abatement on their
own; and
3. That it is ordered that Wednesday, the 17th day of September, 2008, at a public hearing
during a regular meeting which will begin at 7:00 p.m. in the Saratoga Civic Theater, 13777
Fruitvale Avenue, Saratoga, California, is hereby fixed as the time and place where
objections to the declaration of nuisance or the proposed abatement of said vegetation shall
be heard and given due consideration.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 3rd day of September 2008, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ann Waltonsmith, Mayor
ATTEST:
Ann Sullivan, Acting City Clerk
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NOTICE OF HEARING BEFORE THE CITY COUNCIL
OF THE CITY OF SARATOGA, CALIFORNIA
Notice is hereby given that the City Clerk of the City of Saratoga, California, has set
Wednesday, the 3rd of September 2008 at 7:00 p.m. in the City Council Chambers at
13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearings
on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING A NUISANCE TO EXIST UPON CERTAIN PROPERTIES AS TO
WHICH THE ENFORCEMENT OFFICER HAS REPORTED HAZARDOUS
VEGETATION TO EXIST.
Notice is further hereby given that the Enforcement Officer for Hazardous Vegetation has
furnished to the City Council a report of those properties on which any weeds, rubbish,
refuse, dirt, obstructions or other hazardous vegetation or dangerous materials have been
found to exist. The properties specified in the report by the Enforcement Officer are
described in the chart below. At the September 3, 2008 public hearings described above,
the City Council will review such report and make any changes therein it deems
necessary or proper. Upon approval of the report as submitted or modified, the City
Council will then, by resolution, declare a public nuisance to exist upon the properties
described in the report which it finds to be in violation of applicable law.
All interested persons may appear and be heard at the above time and place. If you
challenge the subject declaration of nuisance in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or
in written correspondence delivered to the City Council at, or prior to, the public hearing.
In order to be included in the City Council’s information packet, written communications
must be filed with the City Clerk on or before the Wednesday before the meeting. A
copy of any material provided to the City Council on the above hearing(s) is on file at the
Office of the Saratoga City Clerk at 13777 Fruitvale Avenue. Questions may be
addressed to the City Clerk at 408-868-1269.
2008 SPECIAL WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF SARATOGA
APN STREET
397-06-073 Woodbank Way
397-05-028 Quito Road
503-13-067 Mt. Eden Road
393-42-005 Merrick Drive
/s/Ann Sullivan,
Acting City Clerk
PUB: 08/22/08
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone, AICP
SUBJECT: City initiated Zoning Map Amendment for 20500 Lomita Avenue, 20568
Lomita Avenue, and 20550 Lomita Avenue.
RECOMMENDED ACTION:
1. Open and conduct the public hearing, introduce the ordinance amending the zoning
designation for three (3) parcels, waive the first reading, and schedule the item for a second
reading and adoption on consent calendar.
REPORT SUMMARY:
In late 2006 and early 2007, the Saratoga Planning Commission recommended and City Council
approved a zoning amendment of three (3) parcels within the City of Saratoga. The amendment
was to change the zoning designation of 20500 Lomita Avenue (APN 517-12-020), 20568
Lomita Avenue (APN 517-12-021), and 20550 Lomita Avenue (APN 517-12-022) from R-1-
40,000 to R-1-20,000. A zoning amendment approved by City Council must be published or
posted no later than 15 days following the approval. Unfortunately, the zoning amendment was
not properly posted after the City Council decision was rendered. Accordingly, staff has re-
initiated the zoning amendment before the City Council for an approval.
All three (3) parcels are currently non-conforming because they are below the minimum required
lot size of 40,000 sq. ft. in the R-1-40,000 zoning district. Changing the zoning designation for
these three (3) parcels from R-1-40,000 to R-1-20,000 would create legal conforming lots.
Parcels located within the R-1-20,000 zoning district are required to be a minimum of 20,000 sq.
ft. in size. The three (3) parcels in discussion meet this requirement. Furthermore, the zoning
change from R-1-40,000 to R-1-20,000 will be consistent with the parcels’ General Plan (GP)
designation of Residential Low Density (RLD).
ENVIRONMENTAL DETERMINATION:
The proposed project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15305, “Minor Alterations in Land Use Limitations”, Class 5 of
Article 19, Chapter 3 (“CEQA Guidelines”). This exemption allows minor alterations in land
use limitations in areas which do not result in any changes in land use or density. The proposed
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amendment would allow a continuation of single-family residential uses, consistent with the
General Plan designation and existing neighborhood. The proposed amendment would not
increase the allowed density or create an opportunity for creation of new parcels of land.
PLANNING COMMISSION ACTION:
The Planning Commission reviewed the zoning amendment at a regularly scheduled public
hearing on July 23, 2008. There was no public testimony in opposition of the proposed
amendment. The Planning Commission voted unanimously to recommend approval of the
proposed zoning amendment to City Council. The minutes to that public hearing are shown as
Attachment 3 of this staff report.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The existing zoning map would remain in effect and the three (3) parcels would be inconsistent
with the General Plan map. California State Gov’t Code §65860(1) states that zoning ordinances
must be consistent with the general plan and any applicable specific plans.
ALTERNATIVE ACTION:
N/A.
FOLLOW UP ACTION:
Adopt Ordinance by consent calendar at the next City Council meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on August 19,
2008. Notices were also sent to all property owners within 500 feet of the proposed project.
ATTACHMENTS:
1. Ordinance Approving the Zoning Map Amendment
2. Map of three (3) parcels affected by Zoning Amendment (Exhibit A)
3. Planning Commission Minutes – July 23, 2008
4. Resolution by Planning Commission – July 23, 2008
5. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project
notification.
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ATTACHMENT – 1
ORDINANCE NO.08-XXX
A ORDINANCE OF THE CITY OF SARATOGA AMENDING THE ZONING MAP TO
CHANGE THE ZONING OF PARCELS 517-12-020, 517-12-021, AND 517-12-022 FROM
R-1-40,000 TO R-1-20,000
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings
The City Council finds and declares as follows:
A. Parcels 517-12-020, 517-12-021, and 517-12–022 are each less than 30,000
square feet in size and have a current zoning designation of R-1-40,000
typically requiring a minimum lot size of 40,000 square feet. The General
Plan designation for these parcels is “RLD” (Residential Low Density) which
is compatible with the R-1-20,000 zoning designation.
B. Following a public hearing on July 23, 2008 at which all interested persons
had an opportunity to be heard the Planning Commission recommended
reclassifying the subject parcels from the R-1-40,000 zone district to the R-1-
20,000 zone district. The City Council considered the Planning Commission
Recommendation at a public hearing at which all interested persons had an
opportunity to be heard on September 3, 2008.
C. As demonstrated by the materials in Community Development Department
File Number 07-140, this rezoning is consistent with the adopted General
Plan, including the housing element and the sites identified in the housing
element are adequate to accommodate the jurisdiction's share of the regional
housing need pursuant to Section 65584. This zoning map amendment will
not reduce, require, or permit the reduction of the residential density for any
parcel to a lower residential density that is below the density that was utilized
by the Department of Housing and Community Development in determining
compliance with housing element law.
D. In order to apply a zoning designation that is more closely aligned with the
General Plan designation and to remove the current non-conforming status of
the subject parcels it is appropriate to amend the Zoning Map to change the
zoning of the parcels from R-1-40,000 to R-1-20,000.
Section 2. Zoning Map Amendment
Pursuant to Article 15-85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is
hereby amended by reclassifying the Zoning District designation from R-1-40,000 to R-1-20,000
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for the three (3) parcels shown on Exhibit A attached hereto and incorporated herein by this
reference.
Section 3. California Environmental Quality Act
Pursuant to the California Environmental Quality Act (CEQA), this action is categorically
exempt pursuant to Section 15305, “Minor Alterations in Land Use Limitations”, Class 5 of
Article 19, Chapter 3 (“CEQA Guidelines”). This exemption allows minor alterations in land
use limitations in areas which do not result in any changes in land use or density.
Section 4. Publication
This ordinance or a comprehensive summary thereof shall be published once in a newspaper of
general circulation of the City of Saratoga within fifteen (15) 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 3rd day of September 2008, and was adopted by the following
vote following a second reading on the 17th day of September 2008:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Ann Waltonsmith, Mayor
ATTEST:
_____________________________
Ann Sullivan, Acting City Clerk
176
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Legend
Proposed ZA parcels
Exhibit "A" - Zoning Amendment
177
MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, July 23, 2008
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Cappello called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao
Absent: Commissioner Rodgers
Staff: Director John Livingstone, Contract Planner Heather Bradley, Assistant Planner
Michael Fossati and Assistant City Attorney Jonathan Wittwer
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of July 9, 2008.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava,
the Planning Commission minutes of the regular meeting of July 9, 2008,
were adopted with corrections to pages 7, 16 and 19. (6-0-1;
Commissioner Rodgers was absent)
ORAL COMMUNICATION
Mr. Tom Marantetti, Resident on Ronnie Way:
• Stated that he takes issue with the carport currently under construction on a neighborhood
property.
• Reported that in 1994, the issue of allowing carports was debated and both the Planning
Commission and City Council agreed to put a moratorium on them in their neighborhood.
• Said that, “Now, we’re back to the same ballgame again.”
• Stressed that they do not want to see carports in “our” neighborhood.
• Said that carports allow owners to put anything in there that they want and it’s visible from
the street and ends up looking like trash from the street.
• Stressed that he does not want his neighborhood to have that type of atmosphere.
• Said that these carports have not been allowed for years and he would like to continue it
that way.
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Saratoga Planning Commission Minutes of July 23, 2008 Page 2
Mr. David Mather Resident on Ronnie Way:
• Said that it appears that there has been a “glitch” in the processing of administrative
approvals as conducted by the staff of the Community Development Department,
specifically as it pertains to the construction underway at 13538 Ronnie Way.
• Described the most recent administrative approval as a 700 square foot residential
addition, the reorientation of the garage and a new carport. At issue is the carport.
• Said that a precedent was set with a previous denial of a carport. At that time, both the
Planning Commission and the City Council supported that denial.
• Added that it appears that a new planner was unaware of their neighborhood’s position
against carports and went ahead and approved this new carport.
• Said that the approval does not meet the Design Handbook criteria for consistency with its
neighborhood.
• Stated that a three-car garage would have been denied on this parcel due to coverage
issues. This carport in essence gives them a three-car garage.
• Suggested that this issue be reviewed and the previous practice to deny carports be
honored.
Chair Cappello said that this issue had been raised with the Council at their joint Civic
Improvement Commission meeting. It will be left in their hands. He thanked the two speakers
for their comments.
Ms. Vibha Gartonde, Resident on Saratoga Hills Road:
• Reported that her home was constructed 10 years ago by Pinn Brothers Construction and
included a basement.
• Added that she gets runoff from the hill that floods the basement.
• Stated that the house should not have been designed without a generator for the sump
pump.
• Said that she now has to install a generator and follow current City requirements. This
includes an application fee of $4,700 for a Use Permit to obtain approval for a generator.
• Declared that this fee should be waived or reduced
• Advised that she went to Council and they cannot do anything.
• Asked why a Use Permit is not necessary for pools but is for a generator.
• Said that this generator should have been installed at the time of construction.
• Said that she wanted the Council to consider her case.
Commissioner Hlava:
• Explained that the Planning Commission has no power to waive application fees. Only
Council can do so.
• Asked if staff could look into the requirements in placer when this home was constructed
and determine whether generators were allowed at that time without the need for a Use
Permit.
• Said it seems unfair if that was the case
Commissioner Nagpal:
• Reiterated that this Commission has no authority on fees. Only Council does.
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Saratoga Planning Commission Minutes of July 23, 2008 Page 3
• Agreed that it can be evaluated as to whether there is any other mechanism available to
this property owner. If not, there is nothing this Commission can do.
Chair Cappello agreed and said that it appears the speaker already raised her concerns with
Council.
Commissioner Nagpal asked Director John Livingstone to verify the validity of her
understanding that the Commission has no authority over fees.
Director John Livingstone advised that he did not recall Ms. Vibha Gartonde ever appearing at
a Council meeting on this issue.
Commissioner Kundtz said that if she had, the Council minutes from that meeting would
reflect their direction and whether it was to come to this Commission.
Chair Cappello asked if the Commission is able to do anything further on this.
Director John Livingstone replied no.
REPORT OF POSTING AGENDA
Director John Livingstone announced that, pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on July 17, 2008.
REPORT OF APPEAL RIGHTS
Chair Cappello announced that appeals are possible for any decision made on this Agenda by
filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of
the decision, pursuant to Municipal Code 15-90.050(b).
CONSENT CALENDAR
There were no Consent Calendar Items.
***
Commissioner Zhao advised that as her husband has a professional affiliation with Item No. 1
she must recuse herself. She left the dais and chambers for the duration of this first item
hearing.
PUBLIC HEARING - ITEM NO. 1
APPLICATION #PDR07-0012 (503-78-036) BALAKRISHNAN, 21789 Villa Oaks Lane: The
applicant requests Design Review Approval to construct an approximately 1,179 square foot
single-story addition to the existing 5,487 square foot home located at 21789 Villa Oaks Lane.
The average slope of the lot is 12.3%. The total proposed floor area would be approximately
6,666 square feet. The maximum height of the proposed building will not exceed the 26-foot
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Saratoga Planning Commission Minutes of July 23, 2008 Page 4
height limit. The maximum impervious coverage will not exceed the allowable 15,000 square
feet. The lot size is approximately 144,184 square feet and the site is located in the HR
zoning district. Design Review Approval is required pursuant to Saratoga Municipal Code
Section 15-45.060.
Ms. Heather Bradley, Contract Planner, presented the staff report as follows:
• Distributed some written material explaining that this material pertains to a pending Fence
Exception for this project site that will be brought back before this Commission at its
meeting of August 13, 2008. It was not advertised as part of tonight’s item.
• Explained that the applicant is seeking Design Review Approval for the construction of a
1,179 square foot, single-story addition to a 5,487 square foot existing residence. This
exceeds the 6,000 square foot maximum that triggers the requirement for Design Review
Approval by the Planning Commission per Section 15-45.060.
• Said that the maximum height would be 21 feet. The total impervious surface would be
10,476 square feet.
• Advised that the lot size is 144,000 square feet and the zoning is HR.
• Said that no ordinance-sized trees are affected by this proposal.
• Stated that the project is Categorically Exempt under CEQA.
• Recommended approval and distributed a materials board.
Commissioner Nagpal asked about the trail and whether preservation of the oaks has been
discussed along with the need to realign the trail.
Planner Heather Bradley:
• Reported that the trail is not proposed for realignment. It has been accepted as
constructed.
• Added that the actual trail easement doesn’t appear to fall around the physical boundaries
of the trail.
• Said that a condition is proposed that asks the applicant to remove the existing trail
easement and re-record a new easement to coincide with the physical trail that is
constructed on the property.
Commissioner Nagpal asked if Public Works is fine with that.
Planner Heather Bradley replied correct.
Chair Cappello opened the public hearing for Agenda Item No. 1.
Mr. Balu Balakrishnan, Applicant:
• Said that he is a resident on Villa Oaks Lane.
• Thanked the Planning Commission for its site visit the previous day.
• Reported that his neighbors are positive and encouraging about these plans as they are
aesthetically appealing, not visible from the street and adds value to the neighborhood.
• Advised that the design was done by the original architect and is consistent with the rest of
the house.
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Saratoga Planning Commission Minutes of July 23, 2008 Page 5
• Agreed to correct the trail easement on the map, if necessary, to reflect the actual location
of the trail, and to re-record the updated map.
• Said that an Exception for a fence is to be considered by this Commission on August 13,
2008.
• Requested approval of the building addition.
Ms. Marilyn Riding, Resident on Villa Oaks Lane:
• Said she is here representing herself, her husband and her neighbors, the Liskys.
• Said that they are the most affected by this addition and they have no objections to it.
• Explained that she lives across the street and her house is elevated and overlooks this
property.
• Reported that this property has turned into a beautiful swain over the last couple of years.
• Declared that they are fully in favor of approving this addition.
Chair Cappello closed the public hearing for Agenda Item No. 1.
Commissioner Nagpal thanked Mr. Balu Balakrishnan for the site visit and said she is
comfortable making all the findings. She added that this is a beautiful piece of property and
she is ready to make a motion.
Commissioner Hlava:
• Said that she too can make the findings to support this project.
• Asked if the easement relocation would void the need to move the wrought iron fence.
• Added, if so, why the need for an encroachment permit.
Planner Heather Bradley said that this condition reflects standard Public Works language.
Commissioner Hlava expressed confusion over the language, particularly whether the
encroachment permit is necessary if the easement is relocated.
Planner Heather Bradley said that it is the applicant’s choice to have an option to relocate the
fence in the event that relocating the easement would be cost prohibitive. She suggested that
perhaps this condition could be moved into the Public Work’s conditions section.
City Attorney Jonathan Wittwer said he has some edits to the draft resolution including adding
a word in Condition 16, “… new improvements…”
Commissioner Hlava suggested that Condition 4 should read, “The applicant shall relocate the
easement prior to final Building approval or remove the existing wrought iron fence within the
pedestrian/equestrian easement.”
City Attorney Jonathan Wittwer agreed.
Commissioner Hlava suggested relocating this condition under Public Works.
City Attorney Jonathan Wittwer:
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Saratoga Planning Commission Minutes of July 23, 2008 Page 6
• Agreed that it would be good to include this under Public Works conditions. It would be
clearer if they were together (Conditions 4 and 16).
• Said that other recommended changes to the draft resolution include:
o Condition 3 – add “inspection.”
o Condition 6 – add “inspection.”
o Item 15 – add text as follows: “…matter, the exemption from CEQA is approved, and
the required findings are made and application PDR07-0072 is approved.”
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava,
the Planning Commission granted Design Review Approval to allow an
approximately 1,179 square foot addition to an existing residence located
at 21789 Villa Oaks Lane, with conditions as modified by the City Attorney
including relocating Condition 4 to the Public Work’s conditions section,
by the following roll call vote:
AYES: Cappello, Hlava, Kumar, Kundtz and Nagpal
NOES: None
ABSENT: Rodgers
ABSTAIN: Zhao
***
Commissioner Zhao returned to the dais and meeting after the conclusion of Item No. 1.
PUBLIC HEARING - ITEM NO. 2
APPLICATION #MOD08-0002 (517-09-018) CROWN CASTLE, 14410 Big Basin Way: The
applicant requests approval for a Modification of an existing Conditional Use Permit for the
installation of a wireless telecommunications facility for Metro PCS, consisting of three
antennas enclosed in a 16-inch diameter radome on the roof of an existing commercial
building located at 14410 Big Basin Way. The existing Use Permit for the site is for an
unmanned telecommunications Hub Facility to support wireless carriers.
Mr. Michael Fossati, Assistant Planner, presented the staff report as follows:
• Advised that the applicant is seeking approval of a Modification to an existing Conditional
Use Permit.
• Said that this item is Categorically Exempt under CEQA per Section 15.303, Class 3.
• Reported that the Use Permit for this site allowed a wireless telecommunications facility on
an existing commercial building. Tonight’s request is a modification to that.
• Described the request as including three wireless antennas in one radome, which is a
closed cylinder used to protect the antennas from the elements. The equipment is
supported from within the building. The antenna would be painted to match the existing
building. An existing parapet shields a major portion of this equipment from view from the
public right-of-way.
• Reminded that in July 2007, a Use Permit for a similar facility was approved for a site
directly across the street. That installation was never built. If this site were built, the site
across the street would not be needed.
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• Stated that no negative comments have been received and that the findings can be made
to support this application.
Commissioner Kundtz asked for verification of the tripod height versus the cylinder height for a
total height. It appears that the tripod is nine feet tall and the cylinder is five feet tall. Is the
total height nine feet or 14 feet?
Planner Michael Fossati said the total is 14 feet.
Commissioner Nagpal asked if some of the tripod height is buried under the parapet.
Planner Michael Fossati deferred to the applicant.
Commissioner Hlava:
• Said that there is already an approved site across the street and they want to replace that
site with this one.
• Stated that she does not want to see two sites across the street from each other and wants
something added to the resolution to prevent that from happening.
• Added that she prefers this new site to the previous site approved.
• Asked if it is possible to take away the approval from the other site.
Commissioner Kundtz suggested deferring this question to the applicant.
Commissioner Kumar reminded that the applicant has already stated that they don’t need the
other site that is already approved if this one is approved instead.
Chair Cappello asked if a generator would be installed with this project.
Planner Michael Fossati said that the generator is already there.
Chair Cappello opened the public hearing for Agenda Item No. 2.
Commissioner Kundtz said it appears that there is a five-foot dimension from the top of the
tripod to the top of the cylinder and the tripod seems to be four feet not nine.
Ms. Leah Hernover, Representative from Crown Castle:
• Reported that the height above the roof parapet equals about five feet. It is eight feet
above the front wall of the Starbuck’s building.
• Said that having a condition added requiring painting the tripod to match the building is a
good suggestion. They are happy to do that.
• Said that a requirement to abandon the other site across the street is acceptable.
Commissioner Kundtz asked how many Metro PCS sites there are in the City of Saratoga.
Ms. Leah Hernover said that there are seven, five existing and two currently under
construction. This site would be the eighth.
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Commissioner Nagpal asked about the existing Use Permit on this site.
Director John Livingstone said that it is the hub for the site. This is a co-location processed as
a Modification.
Commissioner Nagpal said she wants to be sure that the Use Permit for across the street
would be abandoned if this site were approved instead.
Chair Cappello asked Ms. Leah Hernover what Metro PCS’s future plans are for Saratoga.
Ms Leah Hernover said that this site is the last one needed
Chair Cappello said the coverage grid appears to be sufficient.
Chair Cappello closed the public hearing for Agenda Item No. 2.
Commissioner Kundtz:
• Said that he is happy to approve this as long as the applicant no longer pursues the
previously approved Use Permit site across the street.
• Said that the pipe should be painted to match the building parapet and it will get lost.
There is no need for plants or a box, just paint.
Commissioner Hlava asked if there is language to deal with the older Use Permit.
City Attorney Jonathan Wittwer:
• Suggested Condition 1 to read, “UP 06-005 is modified to allow the construction and use
as shown on Exhibit A, dated 5/19/2008, on file with the City. Any and all prior approvals
of wireless facilities within this Use Permit are hereby rescinded.”
• Added to Section 1 of the draft resolution, “...matter, the exemption from CEQA is
approved, the required findings are made, and the application…”
• Add a condition that “Antenna is to be painted to match the existing building color.
Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz,
the Planning Commission approved a Modification of an existing
Conditional Use Permit to allow for the installation of a wireless
telecommunications facility for Metro PCS consisting of three antennas
enclosed in a 16-inch diameter radome on the roof of an existing
commercial building located at 14410 Big Basin, with conditions as
amended above, by the following roll call vote:
AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao
NOES: None
ABSENT: Rodgers
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 3
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Saratoga Planning Commission Minutes of July 23, 2008 Page 9
APPLICATION #ZOA08-0001 (517-12-020, 517-12-021, 512-12-022) CITY OF SARATOGA,
20500/20568/20550 Lomita Avenue: The proposed project includes amending the zoning
designation of 20500/20568/20550 from R-1-40,000 to R-1-20,000. Pursuant to Saratoga
Municipal Code Section 15-85.050, the Planning Commission shall hold at least one public
hearing on the proposed amendment. Following the conclusion of the public hearing, the
Planning Commission shall determine whether the proposed amendment should be adopted.
Mr. Michael Fossati, Assistant Planner, presented the staff report as follows:
• Advised that this City-initiated Zoning Amendment is Categorically Exempt under CEQA
per Section 15-305, Class J.
• Reminded that in 2006/07, the City initiated a rezoning of three properties
(20500/20568/20550 Lomita Avenue) from R-1-40,000 to R-1-20,000. This change was
recommended by the Planning Commission and adopted by Council.
• Said that it was not properly posted by Council thus nullifying the approval and it is back.
• Explained that this amendment would create three legal conforming lots for the parcels
(20500/20568/20550 Lomita Avenue) that are currently non-conforming. They consist of
lots with between 20,000 and 30,000 square feet with an assigned zoning designation
intended for lots at or above 40,000 square feet.
• Said that this amendment would be consistent with the General Plan’s designation of
Residential-Low Density.
• Informed that property owners were notified. One owner brought up the fact that six years
ago, he was made to conform to the R-1-40,000 standards for an addition. The
requirements are more restrictive than would have been the case using the R-1-20,000
requirements.
• Said that no negative comments were received. Staff was able to speak with two of the
three affected property owners.
• Said that there are no findings.
• Added that general State law calls for consistency between Zoning and General Plan.
Commissioner Kundtz read the addresses into the record as 20500 Lomita Avenue, 20568
Lomita Avenue and 20550 Lomita Avenue.
Commissioner Nagpal asked if this is the first of four General Plan changes allowed each
year.
City Attorney Jonathan Wittwer clarified that this is not a General Plan Amendment but rather
a zoning designation change.
Chair Cappello opened the public hearing for Agenda Item No. 3.
Chair Cappello closed the public hearing for Agenda Item No. 3.
Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal,
the Planning Commission recommended approval of a zoning designation
change from R-1-40,000 to R-1-20,000 for three parcels located at
20500/20568/20550 Lomita Avenue, by the following roll call vote:
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Saratoga Planning Commission Minutes of July 23, 2008 Page 10
AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao
NOES: None
ABSENT: Rodgers
ABSTAIN: None
***
DIRECTOR’S ITEMS
There were no Director’s Items.
COMMISSION ITEMS
There were no Commission Items.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Kundtz, seconded by Commissioner Nagpal, Chair Cappello
adjourned the meeting at approximately 7:56 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk
187
RESOLUTION NO. 08-033
APPLICATION NO. ZOA08-0001
RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING A ZONING MAP AMENDMENT TO CHANGE THE ZONING OF
PARCELS 517-12-020, 517-12-021, AND 517-12-022 FROM R-1-40,000 TO R-1-20,000
WHEREAS, the City of Saratoga has initiated a Zoning Amendment to change the zoning
designation of Assessors parcels 517-12-020, 517-12-021 and 517-12-022 from R-1-40,000 to R-
1-20,000; and
WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time
all interested parties were given a full opportunity to be heard and to present evidence regarding
this amendment; and
WHEREAS, the subject Zoning Amendment is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15305, “Minor Alterations in Land Use
Limitations”. This exemption allows for minor alterations in land use limitations, which do not
result in any changes in land use or density; and
WHEREAS, the proposed Zoning Amendment would change the land use designation on
these parcels in the City as illustrated in Exhibit “A” attached hereto and incorporated herein by
this reference; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Saratoga hereby recommends approval to the City Council of a Zoning Amendment reclassifying
the Zoning District designation from R-1-40,000 to R-1-20,000 for the three (3) parcels known as
Assessors parcels 517-12-020, 517-12-021 and 517-12-022 and shown on Exhibit “A” attached
hereto and incorporated herein by this reference.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 23rd day of July 2008
by the following roll call vote:
AYES:
NOES:
ABSENT:
________________________________
Manny Cappello,
Chair, Planning Commission
ATTEST:
________________________________
John Livingstone, AICP
Secretary, Planning Commission
188
AFFIDAVIT OF MAILING NOTICES
I, Abby Ayende , being duly sworn, deposes and says: that I am a citizen of the
United States, over the age of 18 years; that acting for the City of Saratoga Planning
Commission on the 13th day of August , 2008, that I deposited 81 Notices in the
United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto,
with postage thereon prepaid, addressed to the following persons at the addresses
shown, to-wit:
(See list attached hereto and made part hereof)
that said persons are the owners of said property who are entitled to a Notice of Hearing
pursuant to Section 15-85.050(a) of the Zoning Ordinance of the City of Saratoga in that
said persons and their addresses are those shown on the most recent equalized roll of the
Assessor of the County of Santa Clara as being owners of property within 500 feet of the
property described as:
APN: 517-12-020, 517-12-021, 517-12-022
Address: 20500, 20568, & 20550 Lomita Avenue
that on said day there was regular communication by United States Mail to the
addresses shown above.
____________________________
Abby Ayende
Office Specialist III
189
NOTICE OF PUBLIC HEARING
The City of Saratoga’s City Council announces that a public hearing regarding the ordinance
described below will be held at the regular City Council meeting scheduled for:
Wednesday, the 3rd day of September, 2008, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue.
Details of this item are available at the Saratoga Community Development Department during
regular City business hours (Generally Monday through Friday 7:30 a.m. – 5:00 p.m. City Office
are closed alternate Fridays; please consult the City website at www.saratoga.ca.us regarding
Friday office closures.)
ORDINANCE DESCRIPTION:
The proposed ordinance would change the zoning of 20500 Lomita Avenue, 20568 Lomita
Avenue, and 20550 Lomita Avenue from the R-1-40,000 zoning district to the R-1-20,000
zoning district. Properties located in the R-1-40,000 zoning district generally have lot sizes
greater than 40,000 square feet. The Lomita properties discussed in the proposed amendment are
located in the R-1-40,000 zoning district, yet have lot sizes between 20,000 to 40,000 square
feet. Staff believes situating the Lomita properties into an R-1-20,000 zoning district is
appropriate because properties located in the R-1-20,000 zoning district generally have lot sizes
between 20,000 to 40,000 square feet.
APPLICATION/ADDRESS: ZOA08-0001 / 20500 Lomita Avenue, 20568 Lomita Avenue,
and 20550 Lomita Avenue
APPLICANT: City of Saratoga
APN: 517-12-020, 517-12-021, 517-12-022
In addition to this published notice, this notice has been sent to all owners of property within 500
feet of the project that is the subject of this notice. The City uses the official roll produced by the
County Assessor’s office annually, in preparing its notice mailing lists.
All interested persons may appear and be heard at the above time and place. If you challenge the
subject project in court, you may be limited to raising only those issues you or someone else raised
at the public hearing described in this notice or in written correspondence delivered to the City
Council at, or prior to, the public hearing. In order for information to be included in the City
Council’s information packets, written communications should be filed on or before the Monday
two weeks prior to the meeting date. A copy of any material provided to the City Council may be
obtained at 13777 Fruitvale Avenue, Saratoga, CA. Questions may be addressed to the City Clerk,
(408) 868-1269.
190
July 7, 2008
500' Ownership Listing
Prepared for:
517-12-020, 21, 22
20500, 20568, & 20550 LOMITA AVE
SARATOGA CA 95070
517-08-029
CHERI-JEANNE KINLEY-BARCO
OR CURRENT OWNER
20588 KOMINA AVE
SARATOGA CA 95070-6022
517-08-030
ARTHUR & HAZELMARI ANDERSON
OR CURRENT OWNER
20574 KOMINA AVE
SARATOGA CA 95070-6022
517-08-031
ROY S & HELEN CAMERON
OR CURRENT OWNER
20560 KOMINA AVE
SARATOGA CA 95070-6022
517-08-032
JOHN J & ALEDA COOK
OR CURRENT OWNER
20550 KOMINA AVE
SARATOGA CA 95070-6022
517-08-033
JEFFREY M & ANNE VEIS
OR CURRENT OWNER
20540 KOMINA AVE
SARATOGA CA 95070-6022
517-08-034
BYONGMOO & HYEJEONG HAN
OR CURRENT OWNER
14755 ALOHA AVE
SARATOGA CA 95070-6006
517-08-035
DEBORAH BIONDOLILLO
OR CURRENT OWNER
14771 ALOHA AVE
SARATOGA CA 95070-6006
517-08-036
PAMELA R MILES-CLERKIN
OR CURRENT OWNER
20601 LOMITA AVE
SARATOGA CA 95070-6023
517-08-037
STEVEN & HEATHER METZ
OR CURRENT OWNER
20611 LOMITA AVE
SARATOGA CA 95070-6023
517-08-038
ALAN H ROSENUS
OR CURRENT OWNER
20621 LOMITA AVE
SARATOGA CA 95070-6023
517-08-039
RIEKEN FAMILY TRUST
OR CURRENT OWNER
20633 LOMITA AVE
SARATOGA CA 95070-6023
517-08-040
NAST FAMILY
OR CURRENT OWNER
20645 LOMITA AVE
SARATOGA CA 95070-6023
517-10-023
PERRY G & PATRICIA CONSTANTINE
OR CURRENT OWNER
14725 ALOHA AVE
SARATOGA CA 95070-6005
517-10-024
YAOLUN JIANG
OR CURRENT OWNER
14735 ALOHA AVE
SARATOGA CA 95070-6005
517-10-025
DANIEL L & CAROLYN CASAS
OR CURRENT OWNER
20545 KOMINA AVE
SARATOGA CA 95070-6021
517-10-036
Saratoga Tennis Club
PO BOX 202
SARATOGA CA 95071
517-11-041
ANNA K ASELTINE
OR CURRENT OWNER
20545 LOMITA AVE
SARATOGA CA 95070-6060
517-11-042
RAY FAMILY TRUST
OR CURRENT OWNER
20561 LOMITA AVE
SARATOGA CA 95070-6060
517-11-043
DAVID G & DEBORAH LEMIRE
OR CURRENT OWNER
14774 ALOHA AVE
SARATOGA CA 95070-6007
517-11-044
LARRY & CAROL SCHUSTER
OR CURRENT OWNER
14760 ALOHA AVE
SARATOGA CA 95070-6007
517-11-045
CHANDRA S GUPTA
OR CURRENT OWNER
14746 ALOHA AVE
SARATOGA CA 95070-6007
517-11-046
KARAGADA R KISHORE
OR CURRENT OWNER
14732 ALOHA AVE
SARATOGA CA 95070-6007
517-11-047
PETER S & KAREN NOSE
OR CURRENT OWNER
14718 ALOHA AVE
SARATOGA CA 95070-6007
517-11-056
JOHN LUND
OR CURRENT OWNER
14805 VICKERY AVE
SARATOGA CA 95070-6034
191
517-11-057
ARDALAN HESHMATI
OR CURRENT OWNER
14811 VICKERY AVE
SARATOGA CA 95070-6034
517-11-058
JENNIFER R DICKSON
OR CURRENT OWNER
14817 VICKERY AVE
SARATOGA CA 95070-6034
517-11-059
MICHAEL C & ANNIE SHEBANOW
OR CURRENT OWNER
14823 VICKERY AVE
SARATOGA CA 95070-6034
517-12-004
KATHLEEN BOYD
OR CURRENT OWNER
14732 OAK ST
SARATOGA CA 95070-6058
517-12-009
JAMES H & JANE HOPKINS
OR CURRENT OWNER
20650 LOMITA AVE
SARATOGA CA 95070-6024
517-12-010
JEAN BOGOSIAN
OR CURRENT OWNER
20630 LOMITA AVE
SARATOGA CA 95070-6024
517-12-011
MICHAEL J & SUSAN MCCHESNEY
OR CURRENT OWNER
20620 LOMITA AVE
SARATOGA CA 95070-6024
517-12-012
JUDE S BARNES
OR CURRENT OWNER
20610 LOMITA AVE
SARATOGA CA 95070-6024
517-12-020
MICHAEL T & KATHY NOLAN
OR CURRENT OWNER
20500 LOMITA AVE
SARATOGA CA 95070-6088
517-12-021
BONN OF CRAMER 1990
OR CURRENT OWNER
20568 LOMITA AVE
SARATOGA CA 95070-6088
517-12-022
JOHN A & ZOE SAUNDERS
OR CURRENT OWNER
20550 LOMITA AVE
SARATOGA CA 95070-6088
517-12-026
GIVENS FAMILY
OR CURRENT OWNER
20536 LOMITA AVE
SARATOGA CA 95070-6088
517-12-027
DICKSON
OR CURRENT OWNER
20544 LOMITA AVE
SARATOGA CA 95070-6088
517-12-028
PAMELA T LAVIN
OR CURRENT OWNER
20522 LOMITA AVE
SARATOGA CA 95070-6088
517-12-029
HOC ASSOCIATES INC
6345 JANARY WAY
SAN JOSE CA 95129-3967
517-12-030
JOHN C & BEVERLEY DARLINGTON
OR CURRENT OWNER
20604 LOMITA AVE
SARATOGA CA 95070-6024
517-12-031
DENNIS A & JILL HUNTER
OR CURRENT OWNER
20606 LOMITA AVE
SARATOGA CA 95070-6024
517-12-033
JOHN H & TRACY PURVIS
OR CURRENT OWNER
20602 LOMITA AVE
SARATOGA CA 95070-6024
517-12-034
MICHAEL C & STEPHANIE INGSTER
OR CURRENT OWNER
20600 LOMITA AVE
SARATOGA CA 95070-6024
517-12-036
SARATOGA CEMETERY DIST SCC
14766 OAK ST
SARATOGA CA 95070-6058
517-13-040
ROBERSON
OR CURRENT OWNER
16208 CUVILLY WAY
SARATOGA CA 95070-6377
517-13-041
MATTHEW & CATHY KANSKY
1311 ARBOR AVE
LOS ALTOS CA 94024-5332
517-18-007
J & ANITA MONTGOMERY
PO BOX 401
SARATOGA CA 95071-0401
517-18-018
CALVIN W & E THOMSON
OR CURRENT OWNER
14931 VICKERY AVE
SARATOGA CA 95070-6345
517-18-028
ALAIN A COUDER
OR CURRENT OWNER
14941 VICKERY AVE
SARATOGA CA 95070-6345
517-18-029
JAISHANKAR & SATHI MENON
OR CURRENT OWNER
14921 VICKERY AVE
SARATOGA CA 95070-6345
517-18-030
WILLIAM T CLEARY
OR CURRENT OWNER
20645 MONTALVO HEIGHTSDR
SARATOGA CA 95070-6337
517-18-031
JUDITH L & GERALD BUTLER
20622 MONTALVO HEIGHTS DR
SARATOGA CA 95070-6364
517-18-033
LARRY R & JACQUELYN HESTER
OR CURRENT OWNER
20634 VICKERY AVE
SARATOGA CA 95070-6347
517-18-041
WILLIAM T CLEARY
OR CURRENT OWNER
20645 MONTALVO HEIGHTSDR
SARATOGA CA 95070-6337
192
517-18-048
CARRIE S & DAVID ARATA
OR CURRENT OWNER
20400 HILL AVE
SARATOGA CA 95070-6329
517-18-054
SAN JOSE WATER WORKS
ACCOUNTING
374 W SANTA CLARA ST
SAN JOSE CA 95113-1502
517-18-055
SAN JOSE WATER WORKS
ACCOUNTING
374 W SANTA CLARA ST
SAN JOSE CA 95113-1502
517-18-063
DAVID W & CHRISTINE PIDWELL
OR CURRENT OWNER
20628 VICKERY AVE
SARATOGA CA 95070-6347
517-19-001
J & ANITA MONTGOMERY
PO BOX 401
SARATOGA CA 95071-0401
517-19-027
KEITH D & JANET MILLER
OR CURRENT OWNER
14900 VICKERY AVE
SARATOGA CA 95070-6320
517-19-028
RUSSELL HULME
1297 SALVATORE CT
SAN JOSE CA 95120
517-19-042
J & LAURA ELLIS
14401 W FUTURA DR
SUN CITY WEST AZ 85375-5931
517-19-043
NANCY NGUYEN
OR CURRENT OWNER
14910 VICKERY AVE
SARATOGA CA 95070-6320
517-19-060
MARK & MARGARET TOLLIVER
OR CURRENT OWNER
20410 MONTALVO OAKS PL
SARATOGA CA 95070-6343
517-19-062
OLLE & CATHERINE HALLENGREN
OR CURRENT OWNER
20420 MONTALVO OAKS PL
SARATOGA CA 95070-6343
517-19-066
PAUL MASON
OR CURRENT OWNER
20416 MONTALVO OAKS PL
SARATOGA CA 95070-6343
517-19-067
BLAIR L & BARBARA JOHNSON
OR CURRENT OWNER
14891 VINE ST
SARATOGA CA 95070-6338
517-19-078
WILLIAM H & BARBARA AVERY
OR CURRENT OWNER
14917 VINE ST
SARATOGA CA 95070-6338
517-19-080
CHRISTOPHER & CYNTHIA ALLEN
OR CURRENT OWNER
20415 MONTALVO OAKS PL
SARATOGA CA 95070-6343
517-19-083
RAJIV & RITU BATRA
OR CURRENT OWNER
28020 AUDREY SMITH LN
SARATOGA CA 95070-6367
517-19-084
JACK J SMITH
PO BOX 3449
SARATOGA CA 95070-1449
517-27-001
KAMALJIT S & NEEMUN ANAND
OR CURRENT OWNER
20501 LOMITA AVE
SARATOGA CA 95070-6061
517-27-002
HENDERSON
OR CURRENT OWNER
14830 VICKERY AVE
SARATOGA CA 95070-6051
517-27-003
BARRY C & MARY MARSH
OR CURRENT OWNER
14801 BUTANO TER
SARATOGA CA 95070-6017
517-27-004
WILLIAM A & JERRI OLIVARI
OR CURRENT OWNER
14791 BUTANO TER
SARATOGA CA 95070-6017
517-27-005
RUSSELL HULME
1297 SALVATORE CT
SAN JOSE CA 95120-2763
517-27-006
EDMUND K PORTER
OR CURRENT OWNER
14790 BUTANO TER
SARATOGA CA 95070-6017
517-27-007
WILLIAM S & ELIZABETH
MCKIERNAN
OR CURRENT OWNER
14800 BUTANO TER
SARATOGA CA 95070-6017
CITY OF SARATOGA
ATTN: Michael Fossati
13777 FRUITVALE AVENUE
SARATOGA CA 95070
Advanced Listing Services
P.O. Box 2593
Dana Point CA 92624
Northern California Carpenters Regional Council
Alex Lantsberg, Research Dept.
265 Hegenberger Rd., Suite 220
Oakland, CA 94621
193
SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson
________________________________________________________________________
SUBJECT: Ordinance establishing various standards for State Video Franchisees
operating in Saratoga including a fee to support public, educational
and governmental programming in Saratoga
________________________________________________________________________
RECOMMENDED ACTION: Conduct public hearing regarding standards and fees for
State Video Franchisees operating in Saratoga and introduce and waive first reading of
ordinance regarding and direct staff to place ordinance on consent calendar for final
adoption.
REPORT:
The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) replaced local
government franchise authority over video service providers such as Comcast and AT&T
with a requirement that such providers obtain a franchise from the State Public Utilities
Commission. Existing franchises were allowed to operate under their terms until
expiration. The City’s franchise with Comcast expires September 30, 2008 and Comcast
has applied to the PUC for a franchise allowing it to operate in Saratoga. In anticipation
of this change in regulatory status, the attached ordinance amends the City Code to
implement DIVCA.
The attached ordinance would confirm that the five percent franchise fee required by
State law applies in Saratoga and would establish the fee authorized by state law to
support public, educational and governmental (“PEG”) programming in Saratoga. The
franchise fee is set by DIVCA at five percent. The PEG fee in Saratoga may be up to one
percent (1%). The attached ordinance uses these figures. The ordinance also includes
provisions consistent with DIVCA to promote interconnection of PEG programming
providers (e.g., KSAR) with video service providers. DIVCA also allows cities to
establish penalties for violations of DIVCA’s customer service standards. The City
earlier adopted an ordinance implementing this provision of DVCA. The attached
ordinance retains the earlier penalties approved by the City Council but reorganizes the
code section in which they appear. The substantive text of the ordinance regarding
1
194
2
customer service standards is unchanged.
The five percent franchise fee is comparable to that being paid by Comcast under the
terms of its expiring franchise agreement with the City. These fees are used to support
the general fund. The PEG fee will be a new source of revenue that the City can allocate
to designated PEG providers and other qualified PEG expenses.
ALTERNATIVES:
The City Council could decline to adopt the ordinance and allow video services to be
provided in the City without City regulation or fees.
FISCAL IMPACTS:
The PEG fee would be a new source of revenue to the City.
FOLLOW UP ACTION(S):
If introduced, place ordinance on consent calendar for adoption September 17, 2008.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice was published in the Saratoga News on August 20 and August 27.
195
Page 1 of 6
Ordinance No. _____
ORDINANCE _______
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING VIDEO SERVICE STANDARDS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
A. The Digital Infrastructure and Video Competition Act of 2006 (DIVCA)
was signed into law on September 30, 2006 authorizing video service
providers to operate in California cities and elsewhere in the state pursuant
to a franchise issued by the State Public Utilities Commission.
B. DIVCA establishes that local entities, such as the City of Saratoga are
responsible for administration and implementation of certain provisions of
DIVCA.
C. DIVCA imposes a franchise fee of five percent to be paid to the local
government where video services are being provided and authorizes local
governments to establish, by ordinance, financial support provisions for
Public, Educational and Governmental Access (PEG) channel facilities.
D. The City has earlier adopted the DIVCA’s customer service standards
applicable to video service operators and set a schedule for penalties to be
imposed in the event of a material breach of state law.
E. The City wishes to add to the earlier adopted provisions regarding customer
service standards new provisions regarding the state franchise fee and PEG
programming.
F. The City Council held a duly notice public hearing on September 3, 2008 at
which all persons had an opportunity to be heard and following
consideration of all testimony and written materials presented to the City
Council determined that adoption of this ordinance is in the public interest.
Section 2. Adoption.
196
Page 2 of 6
Ordinance No. _____
The Saratoga City Code is hereby amended by repealing Article 4-26 in its entirety
and replacing it with the text shown below:
Article 4-26
VIDEO SERVICES
4-26.010 Purpose and Definitions. This Article implements the the Digital
Infrastructure and Video Competition Act of 2006 (the “Act”, Public
Utilities Code § 5800 et seq.). All terms used in this article shall be defined
as defined by that Act or this Code; in the event a term is defined in the Act
and this Code, the definition in the Act shall apply to this section.
4-26.020 Applicability. This Article applies to all video service providers serving
Saratoga residents pursuant to a state franchise.
4-26.030 Customer Service Standards.
(a) All video service providers subject to this Article shall comply with the
customer service standards mandated by section 5900 of the Public Utilities
Code and with the requirements of Section 53088.2(e) of the Government
Code concerning standards for answering customer calls for installation,
service, and complaints.
(b) Monetary penalties may be assessed for a material breach of those
standards unless the breach is out of the reasonable control of the video
service provider. One half of each penalty collected shall be submitted to
the Digital Divide Account established by the Act. The penalties shall be as
follows:
(1) Five-hundred dollars ($500) for each day of material breach, but
not to exceed one-thousand five-hundred dollars ($1,500) for each
occurrence of a material breach.
(2) Notwithstanding subsection (1) above, if notice has been
provided and a penalty has been assessed pursuant to subsection (1)
above and a subsequent material breach of the same nature occurs
within 12 months, an amount of one-thousand dollars ($1,000) shall
be assessed for each day of each material breach, not to exceed
197
Page 3 of 6
Ordinance No. _____
three-thousand dollars ($3,000) for each occurrence of the material
breach.
(3) Notwithstanding subsections (1) and (2), above, if notice has
been provided and a fine or penalty has been assessed pursuant to
subsection (2), above, and a third or further material breach of the
same nature occurs within 12 months of the original breach, an
amount of two-thousand five-hundred dollars ($2,500) shall be
assessed for each day of each material breach, not to exceed seven-
thousand five-hundred ($7,500) for each occurrence of the material
breach.
(c) Prior to assessing any penalty pursuant to this Article, the City shall
notify the video service provider of the alleged material breach and
allow the video service provider at least 30 days from receipt of the
notice to remedy the specified material breach.
4.26-040 State Franchise Fee. Any state franchise holder operating within the City
shall pay to the City a state franchise fee equal to five percent of the gross
revenues of it or any affiliate that are subject to a franchise fee under
California Public Utilities Code Section 5860.
4-26.050 Public, Educational and Governmental Programming.
(a) Each state franchise holder, and each incumbent cable operator
operating under a City franchise issued prior to December 31, 2006
shall negotiate in good faith to interconnect their networks for the
purpose of providing PEG programming. Interconnection may be
accomplished by any means authorized under Public Utilities Code
Section 5870(h). Each state franchise holder and incumbent cable
operator shall provide interconnection of PEG channels on reasonable
terms and conditions and may not withhold the interconnection. If a
state franchise holder and an incumbent cable operator cannot reach a
mutually acceptable interconnection agreement, the City may require
the incumbent cable operator to allow the state franchise holder to
interconnect its network with the incumbent cable operator’s network at
a technically feasible point on the state franchise holder’s network as
identified by the state franchise holder. If no technically feasible point
for interconnection is available, each state franchise holder will make
an interconnection available to each channel originator providing PEG
198
Page 4 of 6
Ordinance No. _____
programming to an incumbent cable operator, and will provide the
facilities necessary for the interconnection. The cost of any
interconnection will be borne by the state franchise holder requesting
the interconnection unless otherwise agreed to by the state franchise
holder and the incumbent cable operator. The City reserves the right to
request that state video franchise holders designate and activate PEG
channels on their networks in accordance with the rules set forth in
section 5870 of the California Public Utilities Code. A state video
franchise holder shall provide an additional PEG channel when the
standards set forth in section 5870(d) of the California Public Utilities
Code are satisfied.
(b) Any state franchise holder operating within the City shall pay to the
City a fee to support public, educational, and governmental
programming (“PEG Fee”) equal to one percent of the gross revenues
of it or any affiliate that are subject to a franchise fee under California
Public Utilities Code Section 5860.
4-26.060 Payment of fees. The state franchise fee and the PEG fee shall each be paid
to the City quarterly, in a manner consistent with California Public Utilities
Code Section 5860. The state franchise holder shall deliver to the City, by
check or other means specified by the City, a payment for the state
franchise fee and a separate payment for the PEG fee not later than forty-
five (45) days after the end of each calendar quarter. Each payment made
shall be accompanied by a report, detailing how the payment was
calculated, containing such information as the city manager may require
consistent with DIVCA. Unless the City Manager provides otherwise, the
summary statement shall identify: (a) revenues received from subscribers,
by category, with service revenues broken out by service levels; (b) any
charges to subscribers for which revenues were received, but on which a
franchise fee was not paid; and (c) where the fee is paid on an allocated
portion of revenues received, the total revenues received; the allocation
factor; and how the allocation factor was calculated. In the event a state
franchise holder fails to make payments required by this Article on or
before the due dates specified, the city may, to the extent consistent with
state law, impose a late charge at the rate per year equal to the highest prime
lending rate during the period of delinquency, plus one percent.
4-26.070 Audits. The City may audit the business records of the holder of a state
franchise in a manner consistent with California Public Utilities Code
199
Page 5 of 6
Ordinance No. _____
Section 5860(i).
4-26.080 Notices. Each state franchise holder or applicant for a state franchise shall
file with the City a copy of all applications or notices that the state franchise
holder or applicant is required to file with the public utilities commission.
Unless otherwise specified in this chapter, all notices or other
documentation that a state franchise holder is required to provide to the City
under this Division 6 or the California Public Utilities Code shall be
provided to the City Manager.
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-
paragraph, sentence, clause and phrase of this ordinance is severable and independent of
every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once 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 3rd day of September, 2008, and was
adopted by the following vote following a second reading on the 17th day of September,
2008:
200
Page 6 of 6
Ordinance No. _____
AYES: ________________________________________
NOES: ________________________________________
ABSENT: ________________________________________
______________________________________
Ann Waltonsmith
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
____________________________________
Ann Sullivan
ACTING CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
____________________________________
Richard Taylor
CITY ATTORNEY
201
SARATOGA CITY COUNCIL
MEETING DATE: August 25, 2008 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: APCC08-0003 – Appeal of a decision by the Planning Commission granting
approval of a Mitigated Negative Declaration, a Design Review application, and a
modification to a Conditional Use Permit with a Variation from Standards for the
proposed construction of a new 3,994 square foot church building on the
approximately 3.1 acre project site located at 18870 Allendale Avenue.
RECOMMENDED ACTION:
Staff recommends the City Council open the public hearing on this item, accept public
comments, close the public hearing, and continue the item to the meeting of September 17, 2008.
DISCUSSION:
Project History
The appeal of the Planning Commission’s approval of the project was filed on July 9, 2008 on
behalf of the Saratoga Neighborhood Task Force. This task force is comprised of residents who
are neighbors of Saint Archangel Michael Serbian Orthodox Church.
On August 14, 2008, a member of the Saratoga Neighborhood Task Force submitted a request
for a continuance of this item to the meeting of September 17, 2008.
ATTACHMENTS:
1. Appeal letter from Project Appellant
2. Request for continuation of the item to the meeting of September 17, 2008
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM: ______
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: John Cherbone DEPT HEAD: John Cherbone
SUBJECT: Saratoga Sport User Groups – Use of Reusable Water Bottles
______________________________________________________________________________
RECOMMENDED ACTION(S):
Accept report and provide direction to staff.
REPORT SUMMARY:
Recently, Vice Mayor Page and Council Member King approached Saratoga sport user groups
regarding a voluntary program that would promote the use of reusable water bottles.
The sport user groups were very receptive of the idea including adding a stipulation to the Sport
User Group Agreements regarding the voluntary program.
Currently the City has executed Sport User Agreements with seven organized youth sport groups
including American Youth Soccer Organization (AYSO), Saratoga Little League (SLL), Quito
Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Lacrosse Club
(WVLC), Saratoga Pony League (SPL), and West Valley Youth Soccer League (WVYSL).
With over 2000 youth participants in these organizations, this is a great opportunity not only to
reduce waste but also to educate our youth regarding the importance of conservation and
environmental stewardship.
For example if you use the conservative number of 2000 league participants plus parents,
relatives, and friends multiplied by the number of home games, the reduction in the use of plastic
water bottles could be greater than ten thousand per year.
The Sport User Agreements expire December 31, 2008. In November, the agreements will be
submitted to City Council for renewal including the voluntary program promoting the use of
reusable water bottles.
FISCAL IMPACTS:
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N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The User Agreements would not be revised and the stipulation adding the voluntary program to
promote the use of reusable water bottles would not be approved.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The User Agreements will be revised and submitted to City Council for approval in November.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
None.
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Consolidating Allocation of Community Grants Program
RECOMMENDED ACTION:
Accept report and determine if FY 2007/08 carryforward funding for community grants should
be consolidated for allocation in March.
BACKGROUND:
At the May 21, 2008 City Council Meeting, unassigned money in the Council Discretionary
Fund of the FY 2007/08 budget was allocated for community grants. Council directed staff to
distribute the $22,000 in community grants in September or October 2008.
During the June 18, 2008 meeting, Council decided to establish a more formal Community Grant
Program and corresponding policy to institute a priority ranking process for the allocation of
grants. The Council determined the program would follow a similar process to the Community
Development Block Grant (CDBG) program, including noticing, application, and schedule.
Noticing for both programs will be done simultaneously; the application process of the
Community Grant Program will be similar to that of the CDBG program; applications for both
programs will be reviewed for approval in March and distributed at the start of the next fiscal
year; and the annual funds in the Community Grant Program will match the amount the City
receives for the CDBG Public Service Grant program.
To transition to the new Community Grant Program procedures and align this program with the
CDBG program, Council could direct staff to consolidate the carryforward funds with the
upcoming Community Grant and CDBG program grant allocation process.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Applications for the Community Grant Program would be reviewed in September/October 2008
and then again in March, when CDBG applications are scheduled for review.
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Page 2 of 2
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson
PREPARED BY: Michael Taylor, DEPT HEAD: Michael Taylor
Kim Saxton-Heinrichs,
and Adam Henig
SUBJECT: Feasibility of After School “Drop-In Recreation” Programming
RECOMMENDED ACTION(S):
Accept report and direct staff accordingly.
REPORT SUMMARY:
Background
The Saratoga Recreation Department first offered a drop-in after school program with the
creation of the Saratoga Youth Center (later known at the Saratoga Community Center) in 1966.
In 1986, the City accepted the Warner Hutton House for community use. The house was moved
on June 29, 1990 from its location in the pathway of Route 85 to its current location. By mid-
1992, it was available for use by the Recreation Department. The Warner Hutton House opened
as a teen center with daily activities, charging $65 annually and averaging 45-60 attendees per
day. In the 1994-95 school year, the charge was changed to $2 per hour in an attempt to improve
cost recovery, but students stopped participating and the program was cut in 1995. In September
1996, the center was reopened after the Youth Commission appealed to Council and an after
school program was offered again.
The Friends of the Warner Hutton House 501c3 non-profit was created in July 1997 to help
offset costs of the after school program. The group conducted an annual appeal to raise funds to
help improve facilities and develop new and existing youth programs. Donations were received
from about 85 individuals, businesses, or groups in the community. Funding was also received
from the City. Staffed by a Teen Coordinator and two or three recreation leaders, a drop-in after
school program was conducted at the Warner Hutton House. Targeted to middle school-aged
students, the program attracted approximately 60 attendees per day and provided staff and the
Youth Commission with a direct connection to the Saratoga youth participating in the program.
In response to budget reductions, the drop-in program was eliminated in fiscal year 2005-06 for a
savings of $67,000.
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At the June 18 Council meeting, citing growing concerns over unsupervised youth at the library
and the need for after school programming for middle school age children, representatives of the
Saratoga Library and the Saratoga Youth Commission requested that this item be considered.
Analysis
Some after school programs are currently available to families. The Saratoga YMCA offers
after-school programs and the City of Saratoga Recreation Department provides a variety of
activities. The Zone Program, located in room 74 at Redwood Middle School, is operated by Los
Gatos Saratoga Recreation. The Zone provides a supervised environment for Middle School
students. Students may be enrolled on a drop-in ($15 to $25 per day) and/or tuition ($105 to
$220 per month) basis. The students have access to organized sports, air hockey, Game Cube,
TNT (Teaching and Tutoring), and weekly local trips. Invoices are sent monthly to each family.
The average student to staff ratio is 14:1 and attendance in 2007-08 was 231 with an average
daily attendance of 53 students per day.
If Council directs staff to implement a new City of Saratoga after school program, various
options would be considered:
• Location of the program could be placed at the Warner Hutton House, a Community
Center room or portable, or a combination of sites.
o Following the closure of the teen program in April 2005, the City invested in the
capital renovation of the Warner Hutton House. Renovations included new
electrical wiring, flooring, general building repairs, new appliances, painting, etc.
for a cost of approximately $94,000. Since the remodeling, use of the facility has
been steadily increasing for regular recreation classes, rentals, meetings,
activities, youth camps, and special events.
• Hours of the program could be limited to after school only, after school hours and school
breaks, during all normal non-school hours, or a combination of these schedules.
• Activity programming could include minimally supervised drop-in activities, planned
modular scheduling, full curriculum of activities, or a selection of independent classes.
• Staffing could be part-time temporary City staff, independent contractors, a collaborative
partnership with other community based organizations (YMCA, School District, Library,
etc.), or a combination of same.
• Cost of the program could be borne entirely by the participants through the collection of
registration fees based on the costs of the program or subsidized at a level determined by
Council.
o Capital improvements to provide a developmentally appropriate environment for
a teen program would include additional furniture, supplies and materials (games,
arts, crafts, educational study, physical recreation, etc.) for start-up costs of
approximately $3,000 to $9,000.
o Program costs would range between $300 and $350 per (~15 hour) week for part-
time temporary staff plus permanent full time supervision for a total personnel
cost of approximately $70,000 to $90,000 per year.
Staff is requesting direction from Council.
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FISCAL IMPACTS:
If approved, the costs of operating an after school program range from $70,000 to $90,000 plus
an initial outlay of $3,000 to $9,000 in startup expenses.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
None
ALTERNATIVE ACTION:
Not applicable.
FOLLOW UP ACTION:
Staff will implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Agenda was posted in compliance with the Brown Act.
ATTACHMENTS:
None
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SARATOGA CITY COUNCIL
MEETING DATE: September 3, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Approval to Apply for Citizen Engagement Grant
RECOMMENDED ACTION:
Accept report and direct staff to apply for a “Citizen Engagement Grant” through Common
Sense California to undertake a visioning process for the Downtown Village, through the Village
Economic Development City Council-Planning Commission Advisory Committee.
BACKGROUND:
At its June 18, 2008 meeting, the City Council formed a Village Economic Development City
Council-Planning Commission Advisory Committee with City Council representatives Chuck
Page and Jill Hunter, and Planning Commission representatives Susie Nagpal and Linda
Rodgers. The mission of the Committee is to develop a plan to increase the economic viability
of the Saratoga Village, including the evaluation of the conditional use permit study.
As part of its mission, the Committee felt it would be beneficial to engage stakeholders
representing a broad cross-section of Saratoga residents, property and business owners and other
interested parties. Toward this end, staff is recommending that the City apply for a Citizen
Engagement Grant through Common Sense California.
Common Sense California, a non-profit organization formed in 2005, financially supports citizen
engagement projects through two grant programs:
“Common Sense Grants” – provides up to $25,000 (awarded October 1, 2008)
“Catalyst Grants” -- provides between $2,000 and $7,500 (awarded on a rolling basis,
beginning June 23, 2008)
If received, a Common Sense Grant could be used to:
Hire a consultant skilled in engaging broad-based stakeholders in a visioning process;
Provide for extensive advertising and noticing to inform stakeholders of meetings,
workshops and other activities related to the visioning process; and
Prepare reports and other publications resulting from the visioning process.
FISCAL IMPACTS:
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Grants through Common Sense California do not require matching funds. Rather, staff will
quantify in-kind support that will be provided by City staff, Committee members and community
volunteers toward the visioning process.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Staff will not apply for the grant and, therefore, a potential external source for funding the
visioning process will not be available.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A – Information about Common Sense California
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Page 3 of 3
Common Sense California
What We Do
Since our founding as a multi-partisan and non-profit organization in 2005, Common Sense
California (CSC) has worked to engage the citizens of this state in the policy decisions that affect
our everyday lives. It is our firm belief that in today’s world of easy access to information, and
easy connectivity to others, California’s municipal and education leaders are seeking ways to
involve the citizens in their communities in the important issues they confront. Done
legitimately, the benefits to this new kind of leadership range from better, more creative policy
solutions to better, more engaged citizens who are doing the hard work of self-governance.
Put simply, CSC works with municipalities and non-profits in two “spaces” and in three ways.
First, we focus most of our efforts at the City/Regional and K-12 policy areas. While we have
supported statewide citizen engagement efforts in the past (http://www.californiaspeaks.org) we
are best equipped to come alongside cities, regional governments, and school districts as they
earnestly attempt to engage citizens in the policy decisions they face. From school
regionalization and performance improvement questions in the K-12 “space” to affordable
housing, long-term visioning, and budgetary decisions in the City/Regional “space” the types of
issues encountered in these two areas are almost limitless.
Secondly, we connect with these “clients” in one or more of the following three ways:
1. Matchmaker/Consultant: Common Sense California has relationships with most of the major
practitioners in the field of citizen engagement around the country. Through knowledge of the
specific strengths of the various methodologies, we serve as a “matchmaker” between
municipalities and these professional firms.
Additionally, we also know that creative leaders around the state develop some of the best
citizen engagement campaigns at the grassroots level. Common Sense California can connect
these people with others who might be looking for a more “home-grown” solution to their
particular policy challenge.
2. Sponsor: CSC works both directly and indirectly to support citizen engagement projects
financially. First, Common Sense California devotes a significant portion of its annual budget to
grant-making. Through its “Common Sense Grant” program, CSC offers communities financial
support up to $25,000.00 in order to carry out a legitimate engagement project. Through its
relationships with community and statewide foundations, CSC has also brought outside funding
to bear when it has been necessary.
3. Promoter/Advocate: Common Sense California believes that citizen engagement produces
better policy solutions and better citizens. To this end, the leadership of CSC promotes the field
of citizen engagement through speeches, op-eds, and other opportunities.
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