HomeMy WebLinkAbout11-05-2008 City Council Agenda Packet (2)
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
NOVEMBER 5, 2008
SPECIAL MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM
– 13777 FRUITVALE AVENUE.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
October 30, 2008.)
COMMUNICATIONS FROM PUBLIC
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications – Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
OPEN SESSION – 6:00P.M.
ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE
CALL MEETING TO ORDER – 6:00P.M.
1. Joint Meeting with Saratoga Ministerial Association
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
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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 October 30, 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 30th day of October 2008 at Saratoga, California.
Ann Sullivan, CMC,
Acting City Clerk
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, November 5, 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
October 30, 2008)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Commendation Honoring John Nolen
Recommended action:
Present commendation.
2. Commendation Honoring Judith Sutton and Saratoga High School's English
Department
Recommended action:
Present commendation.
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SPECIAL PRESENTATIONS
3. Presentation on Mission Green Earth - Stand Up, Take Action
Recommended action:
Accept presentation
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.
4. City Council/Planning Commission Study Session Minutes - October 7, 2008
Recommended action:
Approve minutes.
5. City Council Minutes - October 15, 2008
Recommended action:
Approve minutes
6. Review of Accounts Payable Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
October 09, 2008
October 16, 2008
October 23, 2008
7. Subdivision Improvement Agreement Extension – Mendelsohn Lane
Recommended action:
1. Approve Amendment to the Subdivision Improvement Agreement between David
Cheng and the City of Saratoga.
2. Authorize the City Manager to execute the Subdivision Improvement Agreement
Amendment.
8. Motor Vehicle (MV) Resolution authorizing No Parking or Stopping
Recommended action:
Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping”
on Stoneridge Drive
9. Agreement with Civica Software for Website Design and Hosting
Recommended action:
Accept report and approve agreement with Civica Software for website design and
hosting.
10. FY 2008 – 2009 CDBG County/City Contract
Recommended action:
Adopt a Resolution authorizing the City Manager to execute a $398,360.77 contract
with Santa Clara County for the FY 2008-2009 CDBG Program.
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11. Authorization to purchase one (1) Chevrolet 5500 Dump Truck and declaration of
surplus property and authorization of disposal.
Recommended action:
1. Move to authorize the purchase of one (1) 2007 Chevrolet 5500 Dump Truck from
Gilroy Chevrolet in the amount of $44,000.
2. Move to declare the following vehicle as surplus and authorize its disposal -
1996 GMC 3500 1-ton--vehicle # 90
PUBLIC HEARINGS
None
OLD BUSINESS
12. Review of the Heritage Preservation Commission’s proposed design for the Heritage
Orchard Sign
Recommended action:
Review the proposed design for the Heritage Orchard Sign and direct Staff
accordingly.
13. 2008 Winter Issue of The Saratogan
Recommended action:
Accept report and direct staff accordingly.
NEW BUSINESS
14. Amendment to City Council Policy Pertaining to Norms of Operation and Rules of
Order and Procedure for City Council
Recommended action:
Approve the attached resolution to amend the City Council Policy Pertaining to
Norms of Operation and Rules of Order and Procedure for City Council to conform to
recent changes in the State Elections Code and allow the Council reorganization in
election years to be held at a special meeting.
15. Resolution in Support of Santa Clara County Cities Association (SCCCA) Regional
Efforts Related to Disposable, Single Use Carry-out Bags
Recommended action:
Accept report and adopt Resolution in support of SCCCA regional efforts related to
disposable, single use carry-out bags.
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
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Council Finance Committee
Highway 9 Safety AdHoc
Vice Mayor Chuck Page
Chamber of Commerce
Hakone Executive Board
West Valley Sanitation District
Council Finance Committee
Village AdHoc
Valley Transportation Authority PAC
Councilmember Kathleen King
Peninsula Division, League of California Cities
Santa Clara County Cities Association
City School AdHoc
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 City Council by City staff in connection with this agenda are
available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California
95070. Note that copies of materials distributed to the City Council concurrently with the
posting of the agenda are also available on the City website at www.saratoga.ca.us. Any
materials distributed by staff after the posting of the agenda are made available for public
review at the office of the City Clerk at the time they are distributed to the City Council.
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
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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 October
30, 2008, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City’s
website at www.saratoga.ca.us
Signed this 30th day of October 2008 at Saratoga, California.
Ann Sullivan, CMC
Acting City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
11/19 Regular Meeting – Joint Meeting with Mountain Winery
12/2 Council Reorganization meeting
12/3 Regular Meeting –
12/17 Regular Meeting – Traffic Safety Commission
1/07/09 Regular Meeting – Joint Meeting with Montalvo Arts
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2008
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation Honoring John Nolen
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached document is in recognition of John Nolen’s many contributions to the City of
Saratoga .Mr. Nolen will be present to receive the commendation.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Commendation
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CITY OF SARATOGA
RESOLUTION OF THE CITY COUNCIL
COMMENDING
JOHN NOLEN
WHEREAS, John Nolen graduated from Del Mar High School and San Jose State
University and worked for the Campbell Union High School District for thirty eight years. Public
education has been very fortunate to have John serve all these years, and
WHEREAS, John Nolen and his wife, Joan have been married for thirty five years. They
grew up together in the same church, First Christian in San Jose, both born in San Jose Hospital and
their daughter, Kate will be twenty one in November and is a senior at UC Davis, and
WHEREAS, in December of 2006 the City of Saratoga and the Campbell Union High
School District entered into a multi-year Joint Use Agreement for the use of Prospect High School’s
newly constructed turf field; and
WHEREAS, in July of 2008 the City of Saratoga and the Campbell Union High School
District amended the Joint Use Agreement to include additional sport fields at Prospect High School
and extended the term of the agreement; and
WHEREAS, John Nolen took the lead with John Cherbone in developing these agreements
and made sports fields accessible to thousands of Saratoga children who otherwise would not have
fields to play on; and
WHEREAS, John Nolen was instrumental in creating a strong relationship between the City
of Saratoga and Prospect High School that goes beyond access to sport fields; and
WHEREAS, because of John Nolen’s efforts, Saratoga City and Prospect High School work
in concert together on many issues including security of the school campus; and
NOW, THEREFORE, THE CITY OF SARATOGA does hereby commend and thank John
Nolen for his efforts in creating a better community for Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 5th day of November,
2008.
_______________________
Ann Waltonsmith, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation Honoring Judith Sutton and Saratoga High School’s English
Department for a Unique Creative Writing Program through Poetry
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
Attached is a commendation honoring Judith Sutton and Saratoga High School’s English
Department for a Unique Creative Writing Program through Poetry. Judith Sutton will be
present to receive the commendation.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A – Copy of commendation
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COMMENDATION BY THE CITY OF SARATOGA’S CITY COUNCIL
HONORING JUDITH SUTTON
AND SARATOGA HIGH SCHOOL’S ENGLISH DEPARTMENT
FOR A UNIQUE CREATIVE WRITING PROGRAM THROUGH POETRY
WHEREAS, Saratoga High School has the only Creative Writing Program in California devoted
exclusively to poetry; and
WHEREAS, California Federation of Chaparral Poets, Inc, the oldest and largest poetry organization
in the California, believes that this Creative Writing Program through Poetry is the ONLY one in the USA;
and
WHEREAS, Saratoga High School believes that it produces students with outstanding creative
writing skills because of this unique program using the medium of poetry; and
WHEREAS, Judith Sutton is the creative force behind the program, starting it in 1999, after a set of
parents urged then Principal of Saratoga High School, Dr Kevin Skelly, to reinstate the Creative Writing class
under the auspices of the English Department; and
WHEREAS, Judith Sutton, was hired in 1969 to teach English at Los Gatos High School, then
moved to Saratoga High School in 1970 to teach English, Speech, Drama; and
WHEREAS, both the Los Gatos/Saratoga Union High School District and Judith Sutton did not give
up on producing a quality writing as art program, even though they suffered losses of state monies in 1978
due to the Jarvis-Gann State Proposition (Prop 13) with no creative writing class for 20 years; and
WHEREAS, many of Judith Sutton’s poetry and creative writing students have secured publication
in national anthologies, won awards from the Olympiad of the Arts, Montalvo Center for the Arts, California
State Poetry Society, California Federation of Chaparral Poets, Inc, as well as scholarships from the National
League of American Pen Women; and
WHEREAS, Judith Sutton has continued to develop her own deep skills as a published poet and is
honored by the International Society of Poets, The National Authors Registry, National League of American
Pen Women, and became the 2002 Poet of the Year; and
WHEREAS, Judith Sutton, was mentored by the famous poet, Diane di Prima, author of 48 poetry
books and outstanding representative of the Beat Poets Generation.
NOW, THEREFORE, BE IT RESOLVED, that the Saratoga City Council does hereby commend the
Saratoga High School English Department for its unique nine year writing through poetry program and
extends to Judith Sutton, poet and mentor to our next generation of creative writers, its utmost appreciation
and thanks.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 5th day of November,
2008.
_______________________
Ann Waltonsmith, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, Acting City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Presentation on Mission Green Earth – Stand Up, Take Action
RECOMMENDED ACTION:
Accept presentation.
REPORT SUMMARY:
Jo Hanna II, Instructor for Art of Living Foundation, a non-governmental organization, will give
a short presentation on Mission Green Earth – Stand Up, Take Action.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
N/A
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 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/Planning Commission Study Session Minutes – October 7, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following:
City Council/Planning Commission Fence Ordinance Study Session – October 7, 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 October 7, 2008
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MINUTES
CITY COUNCIL/PLANNING COMMISSION
JOINT STUDY SESSION
FENCE ORDINANCE
OCTOBER 7, 2008
Mayor Waltonsmith called the Joint Study Session meeting to order at 5:30PM.
ROLL CALL
PRESENT: Councilmembers:
Jill Hunter, Aileen Kao, Kathleen King,
Vice Mayor Chuck Page, Mayor Ann Waltonsmith
Planning Commissioners:
Yan Zhao, Linda Rodgers, Susie Nagpal, Robert Kundtz, Joyce
Hlava, Chair Manny Cappello
ALSO
PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Ann Sullivan, Acting City Clerk
John Livingstone, Community Development Director
Chris Riordan, Senior Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2008
Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for the meeting of October 7, 2008, was properly posted on
September 29, 2008.
COMMUNICATIONS FROM PUBLIC ON NON-AGENDIZED ITEMS
None
JOINT MEETING AGENDA ITEM:
1. Fence Ordinance Study Session to Discuss Updates to Existing Regulations
Regarding Fences Walls, and Hedges.
Community Development Director John Livingstone presented the staff report and noted
that this is a fact-finding meeting where the City Council and Planning Commission
could discuss the item and ask questions as well as receive input from members of the
public attending the meeting.
Director Livingstone explained that the overall goals for the update to regulations for
fences, walls, and hedges include establishing an exception process that would allow
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property owners to exceed the maximum permitted fence height by adding a 2-foot lattice
to a six-foot fence and to clarify ambiguous language and areas of the code that are
currently difficult to enforce.
Mayor Waltonsmith invited Manny Cappello, Planning Commission Chair, to provide a
progress update of the Planning Commission meetings regarding updates to the Fence
Ordinance.
Chair Cappello noted that the Planning Commission has reached an agreement on 90% of
the updates to the fence ordinance; however, there are issues pending with elements
specific to the Hillside Districts. Chair Cappello indicated that the commissioners felt it is
important to:
o Preserve natural beauty of hillsides
o Allow free movement of wild life by allowing
¾ Split rail
¾ Three–foot high fencing
¾ Stone walls
¾ Openings in fencing
o Provide security for children and domestic animals
o Identify property line
Chair Cappello stated pending issues involve:
o Proposed fencing areas increased from 4,000 sq. ft. to 6,000 sq. ft.
o fencing beyond the 6,000 sq. ft. – allow free movement of wildlife
o fence height – anything beyond a three to four foot height will impede movement
of wildlife
o three-foot maximum fence height for front yards
o allowance for periodic opening in fencing still interferes with movement of
wildlife
o fencing around vineyards, orchards, horse corrals and sport courts
There was discussion regarding the definition of an orchard, the difference between the
Santa Clara County fence ordinance versus the City of Saratoga, and fencing
requirements around pools.
Director Livingstone stated the definition of an orchard has to be determined, Santa Clara
County does not have a limit on enclosures, and the current fence ordinance does not
address fencing around pools.
Mayor Waltonsmith invited public comments.
The following people spoke on this item:
John Purvis stated that he had sent an email to the Council, the Planning Commission and
staff on August 13, 2008 regarding the fence ordinance and asked that it be included in
the record. Mr. Purvis noted several areas needed to be addressed such as: the definition
of lattice versus fence, actual or finished grade of property, and height of fence posts. In
addition, he noted the lengthy process in addressing the fence ordinance updates has been
frustrating and feels that the issues aren’t confined to just the hillsides. [Mr. Purvis’ email
was included in staff report]AS.
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Kay Abelar voiced her concern regarding fences that are 25 years old or more and if they
would be grandfathered into the new fence ordinance. She also questioned whether
strands of barbed wire on top of fences was permitted.
James Johnston addressed the Council and Planning Commissioners regarding the
gardening aspect in the hills and feels that gardening is an activity or hobby that deserves
the same consideration as vineyards in the hillside.
Bruce Lafountain stated his property is in the hillside district surrounded by non-hillside
districts and that as a result of the different set of fencing rules his property endures a lot
of the wildlife movement – including bobcats stalking his family while working in their
garden. In addition, he voiced his concerns regarding the safety and security of his
family, the lengthy process of updating the fence ordinance and that the differences
between the hillside and the flatlands needs to be addressed.
Balu Balakrishnan voiced his concerns regarding fence exceptions and that a lot of
properties exceed the recommended two acres at 15% fencing limitation and these
properties should be grandfathered into the new ordinance. He also stated that 15-29.080
section (b) item number (3) (on page 10 of the attachment to the staff report) was
confusing and needed some clarification.
Drew Perkins commented that the fence ordinance as it is written now is an
improvement; however, he recommended that the word “hedges” be more clearly defined
and urged that hedges be restricted. He believes there is little difference between hedges
and green fences and that hedges can restrict the view of the hillsides. He added, if
hedges are allowed they should be restricted to a certain height.
Steve de Keczer stated he just planted 100 yards of hedges so that he could remove the
very unattractive old fence on his property once the hedges grew taller. He asked if his
fence would be grandfathered into the new ordinance. He also noted the 3-foot high
fence requirement should be raised to a higher level.
Mike Byrd stated he is currently building a home in the hillside area and that it is very
difficult to fence the property, including the pool area, within the 4,000 square feet
currently allowed. He noted even the proposed 6,000 square feet will be problematic and
feels that the fencing area should be based on percentage of the lot size. He also feels it
is important to grandfather in existing fences and to allow property owners to improve
their chain link fences by replacing them with something more attractive without having
to abide by the new ordinance.
Martin Rossip stated he feels there should be fewer restrictions on fencing and that the
restriction on the amount of square feet be removed. He also feels people who would like
to create wildlife corridors on their property should be allowed to do so and people who
want to restrict wildlife movement on their property should be allowed to do so.
Mayor Waltonsmith closed the public comment.
Mayor Waltonsmith noted there were several comments regarding the “grandfathering
in” of old fences and asked if that issue had been addressed by the Planning Commission.
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Director Livingstone responded that it had been discussed and the Commission felt that
the best option would be to create an exception process; if fences were legally established
and then if 50% or more of the fence falls down years later, the property owner will have
to make the new replacement fence legal per existing code or apply for a fence exception
process.
Councilmember King asked about the barbed wire on top of fences and if that was legal
and if that would be grandfathered in.
Director Livingstone replied that it has never been legal.
City Attorney Richard Taylor stated that when a complaint is filed, staff would have to
ascertain when a fence was built and if it was legal when it was built. In addition, he
noted that the “grandfathering in” provisions in this new ordinance would not allow an
illegal fence to continue to exist. He reiterated that if a fence was legal when it was built
and 50% or more fell down, it would have to be replaced according to the new code.
Mayor Waltonsmith asked if there was more or less flexibility regarding new fencing
requirements of the proposed updates.
Director Livingstone replied that overall there would be more flexibility with the new
code than there was with the old code.
Mayor Waltonsmith noted that during the public comments, speakers voiced concerns
regarding the struggle to provide safety and security for their families from wildlife and
to also allow un-impeded movement of wildlife.
Commissioner Nagpal stated that this issue was a concern for the commission in wanting
to preserve the rural character of the hillsides as well as recognizing the non-conformance
of the enclosures of the developed hillsides.
Councilmember King asked about the fence post height issue raised by a resident.
Chair Cappello clarified the “fence post” is actually a “pilaster” and that it is allowed to
go two feet above the fence height limit and in no case would a pilaster be allowed to
exceed eight feet.
There was continued discussion regarding:
o the various types of fences – hedges, chain link, or wood fences
o the height of fences
o grandfathering of fences
o Fence Exceptions 15-29.080 section (b) item number (3) clarification
o fencing around pools
City Attorney Taylor recommended staff review the proposed wording on 15-29.080
section (b) item number (3) Fence Exceptions and clarify the intent of the wording.
Mayor Waltonsmith stated that there are two objectives regarding this study session and
that is to; 1) address the weak wording within the fence ordinance so that the code can
successfully be defended for legal purposes, and 2) the aesthetic, philosophical issues.
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City Attorney Taylor explained the legal issue with the fence ordinance is the ambiguities
in the existing fence ordinance that may cause difficulties for staff and residents that have
fence problems to communicate and to understand what the rules are as well as avoiding
the legal expense in explaining the ambiguities to a hearing officer. He also noted there
are a number of small word changes that need to be addressed and the final proposal
should then be viewed by the City Attorney.
Mayor Waltonsmith invited each of the Council members to present their views and
provide input to the Planning Commission.
Councilmember Hunter:
o Has problems with the 6-foot fence and the 2-foot lattice added to it and would
like property owner and neighbor to agree with that choice.
o Would like to add wording that wrought iron fences cannot include spikes on top
in hillsides and flatlands
o Has no problem with hedge fences
o Has no problem with 6,000 square feet around pool area and/or back yard
o Would like some definitions of what constitutes an orchard
Councilmember King:
o Supports the 15% fencing option
o Very much into the practical side and doesn’t understand why you can’t fence
unless you have a vineyard, sport courts, or garden
o Should allow residents that have bigger lots to put in more fencing
o Agrees with allowing the 2-foot lattice
o Is okay with the 8-foot fence, but both sides of the property should agree; should
also apply to hedges
o Agrees that both hillsides and flatlands need to be updated
Councilmember Kao:
o Believes hillsides and flatlands need to be addressed individually
o Front yard fencing on large lot needs to be different than on a small lot
o Wrought iron fences on several small lots would create a prison feeling – need
variation
o Was undecided on hillside fencing limits
Vice Mayor Page:
o Supports 15% fencing – should look at the lot and see what is involved
o Is fine with 6-foot fence plus 2-foot lattice
o Feels most wildlife travels along creek bed corridors
o Doesn’t feel that it would be appropriate to grant fencing to every area of the
property
o Include some limitations – but consider some factors other than just square
footage
o Separate the different issues from the hillsides and the flatlands
Mayor Waltonsmith:
o Concerned about the increased use of fences and bigger fenced in areas
o Prefers openness of the hillsides with views
o Wrought iron without the spikes on top is a little more appealing
o Black metal is more appealing versus the bright metal
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o Would agree to the 6,000 square feet of fencing
o Opposes the 15% percentage - feels it will change the rural look of Saratoga
o Natural beauty is important and wildlife in the hills is what Saratoga is about
o If we are going to go to the suburban look by encasing the hillsides in fences, that
is a philosophical discussion that will have to be done at a larger level
o Security for children and domestic animals is an issue, however, we can’t build a
fence high enough or deep enough to keep wild animals out
o Consider the idea of building a double mesh-type fence to keep deer out
o Consider planting native trees and plants that deer won’t want to eat
o If you are considering having larger areas for residents that have orchards and
vineyards, then those residents should be required to have a business license
The Planning Commissioners asked if they should continue working on the fence
ordinance as a whole and try to reach a conclusion on the hillside issues or go with the
proposed changes that have been agreed on regarding the flatland areas and come back at
a later date to discuss the hillside district.
City Attorney Richard Taylor stated the proposed changes the Commission has made to
the flatland areas has come a long way and noted the hillside district already has special
rules regarding fence requirements, and additional proposed changes would be necessary
to make the hillsides and flatlands fit together in one updated ordinance.
City Manager Dave Anderson stated that with the pressure of all the other ordinances that
have to be addressed feels it would be difficult to get back to this ordinance if they split it
at this point.
Council’s recommendation to the Planning Commission was to: 1) go back and hold at
least one additional meeting, 2) take public testimony, 3) work out the details regarding
the maximum fence square footage, orchards and vineyards, front yard fencing exception
process option, and send it on to Council.
Recommendation passed 5-0.
The fence ordinance will be discussed again at the next Planning Commission meeting on
November 12th and it was noted that signage will again be used to inform residents of the
meeting.
Mayor Waltonsmith adjourned the Study Session at 7:45 PM.
Respectfully submitted by:
Ann Sullivan, CMC
Acting City Clerk
17
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 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 – October 15, 2008
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – October 15, 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 October 15, 2008
18
MINUTES
SARATOGA CITY COUNCIL MEETING
OCTOBER 15, 2008
Mayor Ann Waltonsmith called the Regular City Council meeting to order at 7:00 p.m.
and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Aileen Kao, Jill Hunter, Kathleen King, Vice
Mayor Chuck Page, Mayor Ann Waltonsmith
ABSENT: None
ALSO
PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Abby Ayende, Acting City Clerk
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA
Abby Ayende, Acting City Clerk, reported that (Pursuant to Gov’t. Code 54954.2, the
agenda for this meeting was properly posted on October 10, 2008.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mary Guth addressed the Council regarding the potential use of some available space
once a year at the North Campus to display art for non-profit groups.
Debbie Chiu addressed the Council regarding her concerns over the location of the
proposed public restroom at Kevin Moran Park and the size of the restroom. She noted
the restroom will be facing their garage.
Tom Chiu spoke to the Council regarding the size and location of the public restroom at
Kevin Moran Park and that the restroom faces his garage.
COUNCIL DIRECTION TO STAFF
Vice Mayor Page noted that he had spoken to Public Works Director John Cherbone
earlier regarding the restroom concerns voiced by Debbie and Tom Chiu.
Director Cherbone was present to add to Vice Mayor Page’s comment and noted that he
sent an email to the Chiu’s stating that he would be able to reduce the footprint of the
restroom by pushing the building back from the proposed location, reduce the size of the
building, and install screening. He also noted for security purposes the building has to be
visible to Sheriff’s Deputies from the street.
Mayor Waltonsmith encouraged speaker Mary Guth to work with Recreation Director
Michael Taylor regarding her interest in using space at the North Campus for an art
display once a year.
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COMMUNICATIONSFROM COMMISSIONS & PUBLIC
The scheduled Joint Meeting with the Saratoga Union High School District was
cancelled.
ANNOUNCEMENTS
Councilmember Hunter: Witchy-Walk-About in the Village on October 25th from 2:00 to
4:00PM.
Vice Mayor Page: Last day to register to vote is October 20th and people can pick up
registration forms at the Registrar of Voters Office or at the Saratoga Library.
Mayor Waltonsmith: “Joe’s Trail” Ground Breaking Ceremony at 3:30PM on October
24th next to the railroad tracks on Saratoga/Sunnyvale Road in Saratoga.
Mayor Waltonsmith also asked the residents to check in with their senior neighbors
during this economic difficulty and the upcoming cold weather.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. City Council Minutes - October 1, 2008
STAFF RECOMMENDATION:
Approve minutes.
KING/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES OF
OCTOBER 1, 2008. MOTION PASSED 5-0-0.
2. Review of Accounts Payable Registers
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
September 25, 2008
October 2, 2008
KING/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR ACCOUNTS
PAYABLE CYCLES SEPTEMBER 25, 2008 AND OCTOBER 2, 2008.
MOTION PASSED 5-0-0.
3. Treasurer's Report for the Month Ended June 30, 2008
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer's Report for the month ended June
30, 2008.
20
3
KING/PAGE MOVED TO ACCEPT TREASURER’S REPORT FOR MONTH
ENDED JUNE 30, 2008. MOTION PASSED 5-0-0.
4. 2006 Annual Concrete Project -Notice of Completion
STAFF RECOMMENDATION:
Move to accept the 2006 Annual Concrete Project as complete and authorize staff to
record the Notice of Completion for the construction contract.
KING/PAGE MOVED TO ACCEPT THE 2006 ANNUAL CONCRETE
PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE
NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT.
MOTION PASSED 5-0-0.
5. Final Map Approval for Two Lots Located at 12651 Saratoga Avenue. Owner: John
Saich
STAFF RECOMMENDATION:
1. Move to adopt Resolution granting final map approval of tentative map application
No. SUB 07-0002 for two lots located at 12651 Saratoga Avenue.
RESOLUTION 08-067
KING/PAGE MOVED TO ADOPT RESOLUTION GRANTING FINAL MAP
APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 07-0002 FOR
TWO LOTS LOCATED AT 12651 SARATOGA AVENUE. MOTION PASSED
5-0-0.
6. Resolution in Support of Measure A
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION 08-065
KING/PAGE MOVED TO ADOPT RESOLUTION IN SUPPORT OF
MEASURE A. MOTION PASSED 5-0-0.
7. Resolution in Support of Proposition 1 - High Speed Rail Bond
STAFF RECOMMENDATION:
Adopt resolution.
Councilmember Kao removed this item for discussion. She noted this proposed high
speed rail would go between San Francisco and Los Angeles and asked how this
project would impact the area of Santa Clara County.
City Manager Dave Anderson stated there were several proposed routes and the route
that goes through Santa Clara County won the competition. Noting the local
businesses and elected officials were in support of this as it would be an economic
benefit as well as a major public transportation system connecting the major metro
areas. He noted the Santa Clara County Cities Association recommended that the
21
4
member cities each support this to show solidarity and support for the successful
routing through Santa Clara County.
RESOLUTION 08-066
KAO/KING MOVED TO ADOPT RESOLUTION IN SUPORT OF
PROPOSITION 1 – HIGH SPEED RAIL. MOTION PASSED 5-0-0.
8. Resolution Amending Council Agency & Adhoc Assignments
STAFF RECOMMENDATION:
Adopt Resolution Amending Council Agency and Adhoc Committee Liaison
Assignments
RESOLUTION 08-064
KING/PAGE MOVED TO ADOPT RESOLUTION AMENDING COUNCIL
AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS. MOTION
PASSED 5-0-0.
PUBLIC HEARINGS
9. Amendment to the Circulation and Scenic Highway Element of the City of Saratoga
General Plan
STAFF RECOMMENDATION:
Conduct a public hearing and adopt attached resolution amending the Circulation and
Scenic Highway Element of the City of Saratoga’s General Plan to implement the
recommendation of the Traffic Safety Commission and Planning Commission.
City Attorney Richard Taylor presented the staff report.
There was discussion regarding bicycle safety on areas of Mount Eden Road, Pierce
Road, and Big Basin Way and the de-classification of Class III on these three roads.
Public Works Director John Cherbone and Traffic Engineer Sohrab Rashid were
present to answer questions.
Mayor Waltonsmith opened the public hearing for comment.
The following people requested to speak on this item:
Herman Wadler stated he did not feel the specific routes in question were unsafe and
opposes the decertification of these three bike routes.
Ray Cosyn, member of the City of Saratoga Bike and Trails Committee, addressed
the Council in opposition of decertification of these three bike routes.
Jim Stallman, representative of the VTA Bicycle Advisory Committee and member of
the Saratoga Bike and Trails Committee, spoke in opposition to the decertification of
these bike routes.
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5
Aaron Faupell spoke in opposition to the decertification of these bike routes.
David Marsland spoke in opposition to the decertification of these bike routes.
Rusty Greer spoke in opposition to the decertification of these bike routes.
Mayor Waltonsmith closed the public hearing for comment.
Councilmember King was in support of decertification of these three bike routes.
Vice Mayor Page was in support of decertification of these three bike routes.
Councilmember Hunter opposes the bike route decertification at this time and would
like more research and options made available.
Councilmember Kao opposes the bike route decertification at this time and would like
to see additional options.
Mayor Waltonsmith opposes the bike route decertification at this time and would like
staff to do more research and provide additional options.
PAGE/KAO MOVED THAT STAFF AND PEDESTRIAN, EQUESTRIAN AND
BICYCLE ADVISORY COMMITTEE BE DIRECTED TO INVESTIGATE
ALTERNATIVE APPROACHES AND BRING RECOMMENDATIONS
BACK TO THE CITY COUNCIL. MOTION PASSED 5-0-0.
OLD BUSINESS
10. Review of the Heritage Preservation Commission’s Proposed Design for the Heritage
Orchard Sign
STAFF RECOMMENDATION:
Review the proposed design for the Heritage Orchard Sign and direct Staff
accordingly.
Council continued this item to the November 5, 2008 council meeting.
NEW BUSINESS
11. One-Year Review of Motor Vehicle (MV) Resolution Establishing “No Parking or
Stopping” Along a Portion of Herriman Avenue
STAFF RECOMMENDATION:
Receive report and provide direction to staff
Public Works Director John Cherbone presented the staff report.
Mayor Waltonsmith invited public comment.
The following people requested to speak on this item:
23
6
Ray Glasstone addressed the council regarding his concerns with vehicular speeding,
sidewalk, and bicycle lane safety issues on Herriman Avenue; and does not support
the continuation of the reconfigured Herriman Avenue.
Carol Glasstone noted the speeding issue on Herriman Avenue and does not support
the continuation of the reconfigured Herriman Avenue.
Susan Horn addressed the Council regarding the walkway, crosswalk and speeding
issue. She recommended that Herriman Avenue be returned to its original design.
Joe Fanali spoke about the unsafe entrance onto Herriman from Beaumont Avenue
and feels the new configuration on Herriman Avenue is less safe than it was prior to
the reconfiguration.
Susan Cox commented about the restricted parking on Herriman Avenue, the
speeding issue and does not support the continuation of the reconfigured Herriman
Avenue
Ruth Fanali stated she was not happy with the reconfiguration of Herriman Avenue
and suggested installing a stop sign on Beaumont Avenue. She supports returning
Herriman Avenue to its original design.
Howard Miller suggested that the curbs that were installed be re-addressed and the
parking issue be looked into. He also suggested the speeding issue be addressed.
Carl Dcosta stated the speeding issue needs to be addressed and that the residents
living on Herriman Avenue should be included in the studies regarding
reconfiguration of Herriman.
Olivia Dcosta stated it is very unsafe to stop in front of their home or exit their
driveway because of speeding traffic. She would like a bike study done on Herriman
to see how many bicyclists use the bike lane and supports returning Herriman to its
original design.
Phoebe Chang spoke about the speeding and no parking issue and supports returning
Herriman to its original design.
Marilyn Foust addressed the Council regarding the speeding issue and cars driving in
the bike lane. She also noted the postal delivery person asked her to move her mail
box because of the unsafe parking condition on the street.
Cyndi Cheng noted that Herriman Avenue is too narrow to have parking along the
street. She and her husband do support keeping the bicycle and pedestrian lanes on
Herriman and raising the pavement levels to make the walkway and bike lanes safe
for school students.
Katherine Tseng thanked the Council for the bike and pedestrian lanes and
encourages more people to go green by biking and walking more.
[In addition, there were 21 emails from citizens that were provided to the Council
prior to discussion of this item; 18 emails were in support of the current
24
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configuration on Herriman Avenue – with several requests to address the speeding
issue; and 3 emails were in opposition to the current configuration of Herriman
Avenue.]
Mayor Waltonsmith closed the public comment.
There was discussion by Council regarding stop signs on Beaumont Road, speed
bumps, parking issues, use of traffic cones to permit parking by service vehicles on,
and funding for the proposed safety improvements.
Traffic Engineer Rashid stated they would take a more specific look at the Beaumont
intersection.
Director Cherbone noted speeding on Herriman Avenue is an issue and needs to be
addressed.
Council agreed to leave Herriman Avenue in its current configuration and directed
staff to raise the crosswalk at Lexington Court, fill in the new walkway section with
asphalt to create a “level raised walkway” and perform other minor improvements
and maintenance work regarding tripping hazards.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith – reported:
Comprehensive County Expressway Planning Study Advisory Board (PAB) – will be
contacting each city shortly regarding the final product.
SASCC – appeal letter for donations will be going out shortly.
West Valley Mayors and Managers Association - meets next week.
Sister City Liaison – will be celebrating their 25th anniversary next fall.
Vice Mayor Chuck Page – reported:
Chamber of Commerce – attended Board meeting.
Hakone Executive Board – will meet on Friday, October 17th.
West Valley Sanitation District – large numbers of people visiting the water treatment
plant in San Jose; Quito Basin 7 project starting soon and bids will be going out shortly
for Quito Basin 8.
Village AdHoc – Village holiday banner has been approved and it will say “Stop, Shop
and Savor Saratoga” and will note the Village, Argonaut, El Quito, and the Gateway
shopping areas.
Valley Transportation Authority PAC – Jim Lawson will do a presentation at an
upcoming Council meeting regarding the Governance program.
Councilmember Kathleen King – reported:
Peninsula Division, League of California Cities – has appointed a new Executive
Director. The 2008 holiday dinner will be held in Gilroy.
Santa Clara County Cities Association – Cities of Palo Alto and San Jose moving
forward with ban on use of plastic bags. State has passed resolution requiring restaurant
chains of 20 or more to post caloric content on menus.
City School AdHoc – complaint registered with the Sheriff’s Office regarding the PA
system noise at Saratoga High School and it was discovered that the volume was turned
to a higher level than was permitted.
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Councilmember Jill Hunter – reported:
Historic Foundation – is currently displaying a World War II exhibit. Arcadia Books will
be presenting a book in February about the history of Saratoga written by Katie
Alexander and April Halberstadt.
KSAR- is considering filming the Saratoga football games. Volunteers needed to help out
at KSAR.
Councilmember Aileen Kao – reported:
Airport Land Use Committee – meets on October 22, 2008.
CITY COUNCIL ITEMS
Councilmember King stated there is a possibility that she won’t be able to attend the
November 5th Council meeting.
CITY MANAGER’S REPORT
City Manager Dave Anderson noted the Sanitary District Executive Director assured him
that the brick pavement on Austin Way will not be affected by an upcoming sewer
project.
ADJOURNMENT
There being no further business meeting was adjourned at 10:45PM.
Respectfully submitted,
Ann Sullivan, CMC
Acting City Clerk
26
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:
October 9, 2008
October 16, 2008
October 23, 2008
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
10/09/08 110602 110647 46 91,985.86 10/09/08 10/02/08 110601
10/16/08 110648 110693 46 474,421.59 10/16/08 10/09/08 110644
10/23/08 110694 110745 52 373,091.88 10/23/08 10/16/08 110693
AP Date Check No. Issued to Dept.Amount
10/09/08 110610 Recreation 12,471.48
10/09/08 110629 Public Works 16,956.14
10/09/08 110630 Recreation 10,141.04
10/09/08 110646 Public Works 12,330.76
10/16/08 110656 Public Works 28,998.00
10/16/08 110668 General 331,940.08
10/16/08 110674 Various 16,216.61
10/16/08 110690 Various 10,320.42
10/23/08 110713 Public Works 62,998.95
10/23/08 110742 Various 30,698.59
10/23/08 110746 Public Works 190,000.00
US Bank Purchasing
Card Program Various Cal Card Monthly Billing
G Bortolotto & Co
Parks
County of Santa Clara -
Office of the Sheriff General
Law Enforcement -
Monthly Service
Pacific Gas & Electric Various Monthly Gas & Electric Services
SARATOGA CITY COUNCIL
MEETING DATE:November 5, 2008 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
SUBJECT: Review of Accounts Payable Check Registers.
Type of Checks Date
Starting
Check No.
Ending Check
No.Total Checks Amount Checks Released
Prior Check Register
Accounts Payable
Accounts Payable
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund Purpose
Accounts Payable
CRW Industries Facilities N Campus Improvement
MPA Design Inc Parks Final Plans - K Moran Park
Musical Me General Instructor Payments
Town of Los Gatos Streets HWY 9 Safety Program
Gachina Landscape Various Landscape Maintenance
Sara-Sunnyvale Rd
Project Complete - Retention paidStreets
Shute Mihaly Various
Monthly Services - Legal Fees /
City Attorney / Lititagation
State Treasurer's Office
Purchase of easement for Joe's
Trail from PG&E
27
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No. Issued to Amount
10/9/2008
10/16/2008
10/23/2008 110511 (1,120.00)
The following is a list of cash reduction by fund:
Fund #AP 10/09 AP 10/16 AP 10/23 Total
111 General 34,391.90 437,474.76 67,710.00 539,576.66
231 Village Lighting 2,188.16 11,640.66 13,828.82
232 Azule Lighting 218.76 (563.54) (344.78)
233 Sarahills Lighting 244.10 (380.15) (136.05)
241 Arroyo de Saratoga Landscape 255.00 163.38 418.38
242 Bonnet Way Landscape 381.00 385.22 766.22
243 Carnelian Glen -
244 Cunningham/Glasgow Landscape 435.00 185.76 620.76
245 Ferdericksburg Landscape 396.00 29.01 425.01
246 Greenbriar Landscape 660.00 230.86 890.86
247 Kerwin Ranch Landscape 1,020.00 1,020.00
248 Leutar Court Landscape 255.00 60.47 315.47
249 Manor Drive Landscape 480.00 480.00
251 McCartysville Landscape 662.74 312.64 975.38
252 Prides Crossing Landscape 1,381.50 367.50 1,749.00
253 Saratoga Legends Landscape -
254 Sunland Park Landscape 1,020.00 1,020.00
255 Tricia Woods Landscape 119.87 53.93 173.80
271 Beauchamps Landscape 304.85 304.85
272 Bellgrove Landscape 6,334.63 5,378.57 11,713.20
273 Gateway Landscape 849.60 570.45 1,420.05
274 Horseshoe Landscape/Lighting 8.58 8.58
275 Quito Lighting 1,059.88 (547.64) 512.24
276 Tollgate LLD 544.12 544.12
277 Village Commercial Landscape -
311 Library Bond Debt Service -
411 CIP Street Projects 12,330.76 69,730.80 82,061.56
412 CIP Parks Projects 17,324.28 522.10 1,168.40 19,014.78
413 CIP Facility Projects 12,471.48 750.00 13,221.48
414 CIP Admin Projects 3,284.66 3,284.66
421 Tree Fine Fund 4,219.15 4,219.15
431 Grant Fund - CIP Streets 194,063.03 194,063.03
481 Gas Tax Fund 181.97 181.97
611 Liability/Risk Mgt 839.32 839.32
612 Workers' Comp -
621 Office Stores Fund 468.29 913.30 1,381.59
622 Information Technology 1,818.39 535.54 5,504.61 7,858.54
623 Vehicle & Equimpent Maint 3,404.88 119.03 1,790.16 5,314.07
624 Building Maintenance 219.46 14,893.76 3,344.81 18,458.03
631 5,623.59 7,694.99 13,318.58
632 - -
91,985.86 474,421.59 373,091.88 939,499.33
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
(None)
Description
Cutler, Mitch Void - Lost in mail; reissue on
(None)
Fund Description
Vehicle & Equipment Replacement
IT Equipment Replacement
TOTAL
28
29
207
205
206
211
215
233
227
202
203
228
212
201
209
222
225
217
210
216
226
232
231
204
229
224
30
3
1
3
2
3
3
3
4
3
5
3
6
3
7
3
8
3
9
4
0
4
1
4
2
4
3
4
4
4
5
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer Public Works
SUBJECT: Subdivision Improvement Agreement Extension – Mendelsohn Lane
RECOMMENDED ACTION:
1. Approve Amendment to the Subdivision Improvement Agreement between David Cheng and the
City of Saratoga.
2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment.
REPORT SUMMARY:
In August 2006, the City Council approved a three-lot subdivision located at 20045 Mendelsohn Lane
(Application No. SD-03-112) and authorized the City Manager to execute a Subdivision Improvement
Agreement (Agreement). Per Paragraph 4 of the Agreement, all improvements were required to be
completed within one year from the subdivision approval or within three extensions up to 180 days each
granted by the Director of Public Works. Any further extensions require the City Council to amend the
Agreement.
All three time extensions were granted extending the Agreement until February 28, 2009. Mr. David
Cheng, the owner, is requesting additional two-year extension. His formal request is attached. Mr.
Cheng supports his request by citing economy downturn and other issues that have burdened the
development.
There are no public hazards on Mendelsohn Lane related to the unfinished construction.
It is therefore recommended the City Council approve the amendment to the Subdivision Improvement
Agreement granting the extension for the requested amount of time. The new expiration date of the
Agreement will be February 28, 2011.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Subdivision Improvement Agreement Amendment will not be executed.
Page 1 of 2
46
Page 2 of 2
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The Subdivision Improvement Agreement Amendment shall be executed and recorded with the County.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Extension Request Letter
2. Subdivision Improvement Agreement Amendment
3. Subdivision Improvement Agreement
47
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RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
WHEREAS, the CITY OF SARATOGA (hereinafter referred to as “City”) and David
Cheng-Yi Cheng and June Teh-Chiung Cheng (hereinafter referred to as “Owner and
Subdivider”) have entered into a certain Subdivision Improvement Agreement dated August 2,
2006, concerning development of the property known as Assessor’s Parcel Number 517-21-004
and subdivided into three parcels which said subdivision was duly approved by City by
Resolution Number 06-066 dated August 2, 2006 (Application SD-03-112).
WHEREAS, the Subdivision Improvement Agreement provides in paragraph 4.a that all
required on-site and off-site improvements shall be complete to the satisfaction of the Director of
Public Works within one year from the date of City’s approval of subject subdivision; and
WHEREAS, the Subdivision Improvement Agreement provides in paragraph 4.c that the
Director of Public Works may allow up to three extensions of this Agreement of up to 180 days
each, provided that all requirements under this Agreement or imposed by law are met by
Developer; and
WHEREAS, the Subdivision Improvement Agreement provides further in paragraph 4.c that
any further extension requires amendment and approval of this Agreement by the City Council;
and
WHEREAS, the construction of required subdivision improvements has not been completed
at this time and all three 180-day time extensions were granted by the Public Works Director
extending the Subdivision Improvement Agreement until February 28, 2009; and
WHEREAS, the parties seek to amend this Agreement to extend the Subdivision
Improvement Agreement by three years until February 28, 2011.
NOW THEREFORE, the undersigned parties hereby agree to amend the Subdivision
Improvement Agreement as follows:
Paragraph 4.a:
49
As approved by the City Council, all required on-site and off-site improvements shall be
complete to the satisfaction of the Director of Public Works prior to issuance of the final
inspection approval for any structure built on any parcel within the subject subdivision by
February 28, 2011.
Except as herein modified, the Subdivision Improvement Agreement is declared to be in full
force and effect.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on
__________, 2___.
______________________________
David Cheng-Yi Cheng and June Teh-
Chiung Cheng
Date___________________ Owner and Subdivider
Date___________________ City
By: __________________________
Dave Anderson
City Manager
Attest
By: __________________________
Ann Sullivan
Acting City Clerk
INSTRUCTIONS
This Agreement shall be recorded. Owner(s) and Subdivider(s) signature(s) must each be
acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to
50
be recorded (California Civil Code §1169, et seq.)
ACKNOWLEDGEMENT
STATE OF CALIFORNIA _____________________________)
COUNTY OF _______________________________________)
On ___________, 2___, before me, _____________________________________,
personally appeared ______________________________________, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument, and acknowledged to me that he/she executed the same in his/her
authorized capacity as Subdivider, and that by his/her signature on the instrument, the person, or
the entity on behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Signature ___________________________________
[Seal]
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53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
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86
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88
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Kristin Borel DIRECTOR: John Cherbone
Public Works Analyst
SUBJECT: Motor Vehicle (MV) Resolution authorizing No Parking or Stopping
RECOMMENDED ACTIONS:
Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping” on Stoneridge
Drive
REPORT SUMMARY:
The City was contacted by the Homeowners Association regarding safety concerns on
Stoneridge Drive. When cars are parked on both sides of the road, traffic flow is constricted to a
single lane. Responding to the request, the item was heard at the June 12, 2008 Traffic Safety
Commission (TSC) meeting. The TSC and the Traffic Engineer recommend that parking be
restricted on the east side (residential side) of Stoneridge Drive. All residents on Stoneridge Drive
were sent a letter informing them of the proposed restriction. The City received many calls and
emails in which the majority of residents were supportive of the new parking restriction. The
residents did request that the City install signs instead of painting the curb red. In order to enforce
the new signs, it is necessary that the attached Motor Vehicle Resolution be adopted by City
Council.
FISCAL IMPACTS:
Approximately $250 in labor and materials is required for the City to post signs. These
improvements are paid through the CIP which has a fund devoted to Traffic Safety.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The MV Resolution would not be adopted and traffic conditions would continue as is.
ALTERNATIVE ACTION(S):
None.
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Page 2 of 2
FOLLOW UP ACTION(S):
The signs will be posted and the Sheriff’s Office will be notified of the new restrictions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A letter was sent to all residents on Stoneridge Drive notifying them of the proposed parking
restriction.
ATTACHMENTS:
1. Memo from Fehr & Peers
2. Motor Vehicle Resolution
3. Map
4. Letters from residents
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!!!"# $ %& "' (
MEMORANDUM
Date: October 22, 2008
To: John Cherbone, Public Works Director, City of Saratoga
From: Franziska Church/Sohrab Rashid
Subject: Review of On-Street Parking on Stoneridge Drive, Saratoga, California
1025-446-1
Fehr & Peers has completed an evaluation of parking concerns on Stoneridge Drive in Saratoga,
California. The Saratoga Oaks Homeowners Association (HOA) brought this item to the attention
of the Saratoga Traffic Safety Commission (TSC) at the June 12, 2008 meeting. After review of
the item and input from Fehr & Peers, the TSC recommended prohibiting parking on the east side
of Stoneridge Drive. This memorandum addresses our recommendation for parking restriction on
Stoneridge Drive.
Stoneridge Drive is a north-south, two-lane local roadway that runs along the western edge of the
Saratoga Oaks residential community located northwest of the Saratoga Village area off of Big
Basin W ay/State Route (SR) 9. Residential units with driveways front the east side of the
Stoneridge Drive, while the west side is fronted by vegetation.
Currently, parking is restricted on the southern end of Stoneridge Drive from the curve that
connects to Sycamore Grove for approximately 75 feet. In this section Stoneridge Drive has a
double yellow center line to guide
vehicles around the curve and the curb
is painted red on the west side of the
roadway (see picture at left). Vehicles
can legally park in unmarked parking
spaces on a roadway as long as the
parked vehicle does not force traveling
vehicles to cross the double yellow
center line. Stoneridge Drive is
approximately 20 feet wide and any
vehicle parking on either side of the road in this segment would force traveling vehicles to cross
the double yellow line; therefore on-street parking is prohibited on both sides of the roadway in
this segment of Stoneridge Drive regardless of whether the curb is painted red or not. North of the
first 75-foot segment, Stoneridge Drive does not have a double yellow center line and parking is
currently not restricted.
Based on field observations and information presented by the HOA, vehicles park on either side
of the roadway, effectively narrowing the roadway to one lane (see picture to the right). Given the
relatively low volumes on this road opposing vehicles can
find spaces to pull over and allow opposing traffic pass.
However, visibility is limited when vehicles are parked on
both sides of the roadway, especially for drivers in vehicles
exiting the driveways on the east side of the street. To
improve visibility, we recommend that parking be prohibited
on the east side (residential side) of the roadway (see
picture at right). Restricting parking on the east side of
Stoneridge Drive minimizes the number of parking spaces
to be removed, since driveways along the east side of the
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road already limit the number of parking spaces, while vehicles can park along the entire length of
the west side of Stoneridge Drive. W ith the exception of the three homes furthest to the south in
front of the double yellow center line, all homes will be able to park in front of their home on west
side of the roadway. It is not recommended that the length of the double yellow line be shortened.
Because Stoneridge Drive includes a 90-degree turn at the south end of the road, the double
yellow line helps guide vehicles around the corner and separates two-way traffic.
92
RESOLUTION NO. MV- ______
RESOLUTION PARKING RESTRICTION ON STONERIDGE DRIVE
The City Council of the City of Saratoga hereby resolves as follows:
I. Based upon an engineering and traffic study, the following parking
restrictions shall be designated on Stoneridge Drive in the location specified
below:
NAME OF
STREET
LOCATION RESTRICTION
Stoneridge
Drive
Starting at the northeast
edge of Stoneridge
Drive and continuing
south for six hundred
and ninety feet (690 ft.).
No Parking or Stopping
Anytime
II. All prior resolutions and other enactments imposing a parking restriction at the
location specified above are hereby repealed to the extent of their inconsistency
with the restriction specified above.
III. This resolution shall become effective at such time as the signs and/or
markings are installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 5th day of November, 2008, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Ann Waltonsmith, Mayor
ATTEST:
____________________________
Ann Sullivan, Acting City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 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: Agreement with Civica Software for Website Design and Hosting
RECOMMENDED ACTION:
Accept report and approve agreement with Civica Software for website design and hosting.
BACKGROUND:
At the October 1, 2008 City Council meeting, staff was directed to enter into an agreement with
Civica Software to redesign and host the City’s website. The entire project is estimated to take
approximately 16-17 weeks to complete from execution of the agreement. The total project cost
is $46,790 and hosting services will be an additional $1,800 per year.
The agreement with Civica provides for design of a new website, integration of a content
management system that will be used to update website content, staff training on use of the
content management system, special features that will make it easier for residents to find
information or carry out city-related business (including email subscriptions, staff directory,
forms, and news and announcements), and migration of the old website content to the new
website design.
To ensure the new website resonates with the community, both a Wesiteb Design Team and
Website Advisory Group will be created.
Website Design Team:
Members of the Website Design Team will include three City staff members and four members of
the public representing different stakeholder groups in Saratoga (business, residents, schools, and at
large). The Website Design Team will be responsible for working directly with Civica to refine
goals for the website and give direction during the initial design phase of the project.
Website Advisory Group:
Members of the Website Advisory Group will be volunteers from the public staffed by the City.
A notice informing the residents of the volunteer opportunity will be posted on the City website
and sent to local media.
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The Website Advisory Group will be involved in the Consultant/Design Phase of the website
design project and will mirror the progress of the Web Design Team that works directly with
Civica. Questions on each stage of the Consultant/Design Phase will be emailed to members of
the Website Advisory Group and members will be asked to respond before a specified deadline.
These responses will give the Web Design Team a clearer understanding of the public’s
perspective when making decisions.
In order to create an efficient and seamless process, communications to and from members of
Website Advisory Group will be sent electronically. A special City email address will be used to
send information to and receive input from members of the Website Advisory Group. The
Website Advisory Group will not physically hold meetings, as recommendations from the
Group will be based on the individual experiences of each Group member as a website visitor.
Input from Group members will be considered and discussed at meetings of the Website Design
Team.
With the support of the Website Advisory Committee, the Web Design Team and Civica will
work together to create three conceptual designs of the homepage and a secondary page. These
designs will be presented to the City Council for final selection.
After the final design selection, Civica will refine the homepage design and then start working
on development and deployment of the City’s website, which includes development of the
content management system, staff training, content migration from the old website, and testing
of the new website.
Total Project Timeline: 16 – 17 weeks
Consultant/Design Phase: 6 weeks
Graphics Finalization Phase: 1 week
Development/Engineering Phase: 9 – 10 weeks
FISCAL IMPACTS:
During the May 7, 2008 City Council Meeting, $50,000 was allocated in the City’s budget to
redesign the City of Saratoga website. The total project cost is $46,790 and hosting services will
be an additional $1,800 per year.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City will not move forward with an agreement for web design and hosting services with
Civica Software.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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Page 3 of 3
Nothing additional.
ATTACHMENTS:
Attachment A: Agreement with Civica Software for website design and hosting
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CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and Pixelpushers, Inc DBA
Civica Software, a California Corporation, ("Contractor"), who agree as
follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on November
6, 2008, and extends through November 6 , 2009 or the completion of the
project, whichever occurs first, unless it is extended by written mutual
agreement between the parties, provided that the parties retain the right to
terminate this Agreement as provided in Exhibit D at all times.
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3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
payments to be made to Contractor in connection with Contractor's
completion of the Scope of Work pursuant to this Agreement. Contractor
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Crystal Morrow, Administrative Analyst II.
The Administrator has complete authority to receive information, interpret
and define City's policies consistent with this Agreement, and communicate
with Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
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communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
hereto, by giving ten (10) days written notice to the other, may designate any
other address as substitution of the address to which the notice or
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
Pixelpushers, Inc DBA Civica Software
20101 SW Birch St, #250
Newport Beach, CA 92660
Notices to City shall be sent to:
Crystal Morrow
City Manager’s Office
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
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other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By: ________________________________ Date: _________________
Print Name: _________________________
Position: ____________________________
CITY OF SARATOGA, a municipal corporation
By: __________________________________ Date: __________________
Name: _______________________________
Title: _______________________________
APPROVED AS TO FORM:
By:_______________________________ Date:___________________
City Attorney
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
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EXHIBIT A
SCOPE OF WORK
The entire project will take 16-17 weeks from execution of agreement.
CONSULTANT / DESIGN PHASE
Formation of Web Design Team
A Web Design Team will be created to help Civica create a website that
reflects the unique character of Saratoga and offers the functionality desired
by website visitors. Members of the Web Design Team will include three City
staff members and four members of the public selected by City staff to
represent different stakeholder groups in Saratoga (business, residents,
schools, and at large). This Web Design Team will work directly with Civica.
Formation of Website Advisory Group
To ensure the new City of Saratoga website resonates with the public, City
staff will form a Website Advisory Group that will provide the Web Design
Team with recommendations during the Consultant/Design Phase.
Members of the Website Advisory Group will be volunteers from the public.
A notice informing the residents of the volunteer opportunity will be posted
on the City website and sent to local media.
City staff will be responsible for all interactions with the Website Advisory
Group. Input from the Group will be provided to the Website Design Team
and the Team will consider that input in providing direction to Civica.
The Website Advisory Group will be involved in the Consultant/Design
Phase of the website design project and will mirror the progress of the Web
Design Team that works directly with Civica. Questions on each stage of the
Consultant/Design Phase will be emailed to members of the Website
Advisory Group by City staff and Group members will be asked to respond
before a specified deadline. These responses will give the Web Design Team
a clearer understanding of the public’s perspective when making decisions.
Additionally, the Website Advisory Group will have access to the secured
development Website to track conceptual designs and website progress.
Communications to and from members of Website Advisory Group will be
sent electronically. A special City email address will be used to send
information to the Website Advisory Group members and receive input from
members of the Group. The Website Advisory Group will not hold any
meetings, as input from the Group will be based on the individual
experiences of each Group member as a website visitor. Input from Group
members will be considered and discussed at meetings of the Website
Design Team.
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Initial Organization Meeting
Civica consultants will meet with representatives from all City departments,
representatives from the City Council, and members of the Web Design
Team to seek input pertaining to the structure of the new web site. This will
provide an open forum, for all departments, to express ideas for improving
the city’s web site.
Prior to the initial organization meeting City staff will seek similar input
from the Website Advisory Group and report back to the Web Design Team
with the results.
Progress Meeting
Civica consultants will meet with the Web Design Team to better understand
the new and unique City of Saratoga image that we wish to communicate to
our constituents. Civica will discuss with the team all services that the City
offers and jointly document the departmental structure that will exist to
manage the content on the site. This will lead to the development of the
navigation structure schematic.
Prior to this progress meeting City staff will seek similar input from the
Website Advisory Group and report back to the Web Design Team with the
results.
Civica will set up a development Website accessible to designated City staff
and the Website Advisory Group, where all design updates for the new site
will be posted for review.
Conceptual Design Meeting # 1
Civica will discuss the designs with the Web Design Team to filter the
various options and to narrow and refine the chosen design. At this meeting,
the Web Design Team will be presented a series of three (3) home page
concepts, layouts, and designs for review (each with a corresponding
secondary page design). Civica may propose the implementation of minor
sound and Flash/animation elements that will enhance the site without
unduly extending download times. (Meeting can be carried out via phone)
City staff will seek input from the Website Advisory Group on the design
concepts, layouts, and designs and report back to the Web Design Team
with the results. The Web Design Team will then have a follow-up phone
meeting with Civica to discuss any proposed refinements to the 3 conceptual
designs.
The three design options and recommendations from the Web Design Team
will then be presented to the City Council for final selection of an option.
Conceptual Design Meeting #2
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Civica will prepare, and post on the construction Website, a refined
homepage design together with a corresponding secondary page design for a
final decision by the Web Site Committee based on input from City
Departments and the Website Advisory Group. All design elements will be
presented to the City via the Web-based Client Development area to ensure
that all decisions are made within the context of how the ultimate user is
going to view the Website. Civica will then design all departmental
homepages and post them to the Client Website for departmental review.
(Meeting can be carried out via phone)
----------------------------------Time Line: 6 weeks---------------------------------
Graphics Finalization
Following department input, Civica will post “final designs” for the
homepage and all departments online. Upon approval by the City, Civica will
deliver all graphic components in Adobe Photoshop optimized and sliced,
ready for integration into the Website together with full documentation and
technical specifications. These specifications will include hex color font
specifications and any other information required for integration into a CMS
(content management software) system.
-----------------------------------Time Line: 7 weeks-------------------------------
DEVELOPMENT / ENGINEERING PHASE
Stage 1: CMS Deployment
Civica will deploy the complete Civica Content Management software system
containing the administration system together onto a Civica Web server and
integrate the various approved graphics, homepages, and primary and
secondary navigation systems with the software.
All drop down menu elements; site navigation features and departmental
homepages (minus content) will be functional for testing and approval by
City departmental staff prior to content integration.
------------------------------------Time Line: 3-4 weeks-------------------------------
(From approval of designs, ready for Web implementation)
Stage 2: Training
Civica Software staff will provide user-training sessions for up to 16 City
employees in the full use of Civica tools necessary to routinely maintain and
redesign the Website and update the content on the Website and the
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procedures for creating and posting new content onto existing pages. The
training sessions will run approximately 2 hours each.
In addition, Civica Software staff will provide an in depth “train the trainer”
session for three (3) selected employees in the full use of the Civica
administration system. They will be able to:
• Set up all user rights and privileges.
• Understand all Civica tools necessary to routinely maintain and
redesign the Website.
• Update the content on the Website, and create and post new content
onto existing pages.
This training session will run approximately 3-4 hours and will be provided
at the City offices.
Documentation, in both soft and hard copy, will be provided to City staff to
enable them to use all features of the CMS system and to update and
redesign the site.
-------------------------------Time Line: 1-2 weeks -------------------------------
(From completion of stage 1)
Stage 3: Content Integration
This stage will commence contemporaneously with the training and the real
content migration will be used as part of the training process. Civica will
utilize up to 750 pages of content either extracted from the existing site that
has been pre-approved or new content submitted. Civica will classify the
content with metadata tags and build and complete the Website using this
content and post the site for review and approval on the development
Website.
Throughout the entire development cycle, Civica will maintain a duplicate
system that replicates our final deployment environment. All functionality
testing and development will take place on these systems to ensure an
accurate representation of the eventual Website.
Although testing occurs throughout the project, in this stage, the site is
scrutinized on multiple platform, browser, and bandwidth environments.
The various systems planned for the site will be tested and all subsections
will be refined and tested for proper linkages and content control. The ADA
compliant version / “low graphics” version of the Website will be developed
concurrently with the primary site.
---------------------------------Time Line: 3-4 weeks-------------------------------
(From completion of Stage 1)
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Stage 4: Quality Assurance and Technology Transfer
Although the site will be continually tested during the entire duration of
development, Civica will assist in the deployment of the new site on our
servers. At this juncture, the site will be live, with all features accessible by
the public. Civica will register the Website on the City’s behalf with all
primary search engines and incorporate the required metatags.
City will take full control of the maintenance of all sections, including full
access to the source code for the purpose of disaster recovery.
---------------------------------Time Line: 6 weeks-----------------------------
(From completion of Stage 1)
Software Specifications
Civica Software will design and build a new City of Saratoga a website
containing the following Civica Modules;
Core Data Management, Site Construction and System Administration
tool sets
A-Z Index Calendar Contacts
E-Zines
FAQs FileBank
HTML Editor HTML Emails
Image Gallery
InfoGuide
Issues Tracker
Job Classifications
Jobs Module
News &
Announcements
Pets
Press Releases
QuickLinks
RFPs & Bids
Voting / Survey
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Payment Schedule
Milestone 1. Contract Execution
Due within 7 days of milestone completion $ 9,358 [20% of Contract Value]
Milestone 2. Approved Website Design,
Due within 30 days of milestone completion $ 9,358 [20% of Contract Value]
Milestone 3. Integrated CMS modules and available online (with new Design),
Due within 30 days of milestone completion $ 14,127 [30% of Contract Value]
Milestone 4. Content migration complete
Due within 30 days of milestone completion $ 9,358 [20% of Contract Value]
Milestone 5. Site goes live
Due within 30 days of milestone completion $ 4,679 [10% of Contract Value]
Total Project Cost: $ 46,790
Hosting
Civica Software will deploy the completed City of Saratoga Website onto a Civica Web
server housed in Dallas TX (RackSpace datacenter). Civica provides connectivity to the
Internet via multiple OC3 lines and will host the Website on a shared server that operates at
a maximum load of 10% utilization. Detailed log files of Website activity are maintained, and
reports are generated monthly, using SmarterStats. The Website will be hosted on a mirrored
server with daily and weekly site backups. (DVD backups are available on request).
Civica will host the Website for a minimum period of 3 months. Three months regular
hosting fee (at $150 per month) is to be paid in advance on deployment. Thereafter, billing
and City obligation will be month by month at the rate of $150 per month.
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EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION City shall pay Contractor an amount
not to exceed the total sum of Fourty Six Thousand, Seven Hundred and
Ninety dollars ($46,790) for work to be performed and reimbursable costs
incurred pursuant to this Agreement. The total sum stated above shall be
the total which City shall pay for the work product to be provided by
Contractor pursuant to this Agreement.
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed and reimbursable expenses incurred prior to the invoice date.
Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount
of prior billings, the total due this period, and the remaining
balance available for all remaining billing periods.
3. PAYMENTS City shall make payments on invoices received and
satisfactory performance of the work in accordance with the payment
schedule set forth in Exhibit A.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
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EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall not
be an employee of City. Contractor shall complete the Scope of Work
hereunder in accordance with currently approved methods and practices in
Contractor's field. City shall have the right to control Contractor only with
respect to specifying the results to be obtained from Contractor pursuant to
this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement.
Likewise, no relationship of employer and employee is created by this
Agreement between the City and Contractor or any subcontractor or
employee of Contractor. Nothing contained in this Agreement shall be
construed as limiting the right of Contractor to engage in Contractor's
profession separate and apart from this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the
obligations set forth in this Agreement. Interference or conflict will be
determined at the sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to this Agreement in the manner and
according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged in the geographical area in which
Contractor practices its profession. All work product of whatsoever nature
which Contractor delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and conform
to the standards of quality normally observed by a person practicing in
Contractor's profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
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5. BENEFITS AND TAXES Contractor shall not have any claim under
this Agreement or otherwise against City for seniority, vacation time,
vacation pay, sick leave, personal time off, overtime, health insurance,
medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all
applicable taxes, including, but not limited to, federal and state income
taxes, and in connection therewith Contractor shall indemnify and hold City
harmless from any and all liability that City may incur because of
Contractor's failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may assign
any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel
to complete the Scope of Work pursuant to this Agreement. In the
event that City, in its sole discretion, at any time during the term
of this Agreement, desires the removal of any such persons,
Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best
of the Contractor's knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an
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actual or potential conflict of interest on the part of Contractor is
discovered after award, the Contractor will make a full disclosure
in writing to the City. This disclosure shall include a description
of actions, which the Contractor has taken or proposes to take,
after consultation with the City to avoid, mitigate, or neutralize the
actual or potential conflict. Within 45 days, the Contractor shall
have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Contractor nor any member of any
Contractor's family shall serve on any City board or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Contractor's operations or
authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
a. In General. Contractor shall observe and comply with all laws,
policies, general rules and regulations established by City and
shall comply with the common law and all laws, ordinances, codes
and regulations of governmental agencies, (including federal, state,
municipal and local governing bodies) applicable to the
performance of the Scope of Work hereunder, including, but not
limited to, all provisions of the Occupational Safety and Health Act
of 1979 as amended.
b. Licenses and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to
practice its profession. Contractor represents and warrants to City
that Contractor shall, at its sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice
its profession.
c. Funding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
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d. Drug-free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a
drug-free workplace. Neither Contractor nor Contractor's
employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite
used in any manner in connection with performing services
pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere
to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter,
shall notify the City.
e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this
Agreement.
b. Retention of Records. Until the expiration of five years after the
furnishing of any services pursuant to this Agreement, Contractor
shall retain and make available to the City or any party designated
by the City, upon written request by City, this Agreement, and
such books, documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are
necessary or convenient for audit purposes to certify the nature
and extent of the reasonable cost of services to City.
c. Use Of Recycled Products. Contractor shall prepare and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
d. Professional Seal. Where applicable in the determination of the
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contract administrator, the first page of a technical report, first
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The
stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility" as per
the sample below.
______________________________
Seal and Signature of Registered Professional
with report/design responsibility.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Contractor which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes predicated on active or passive negligence of
the Contractor or of any subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, to the fullest extent permitted by law,
be fully protected from any loss, injury, damage, claim, lawsuit, cost,
expense, attorneys fees, litigation costs, defense costs, court costs or any
other cost arising out of or in any way related to the performance of this
Agreement. Accordingly, the provisions of this indemnity provision are
intended by the parties to be interpreted and construed to provide the fullest
protection possible under the law to the City. Contractor acknowledges that
City would not enter into this agreement in the absence of the commitment
of Contractor to indemnify and protect City as set forth below.
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a. Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its employees,
agents and officials, from any liability, claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind whatsoever
without restriction or limitation, incurred in relation to, as a
consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part, to the
performance of this Agreement. All obligations under this
provision are to be paid by Contractor as they are incurred by the
City.
b. Limitation on Indemnity. Without affecting the rights of City
under any provision of this agreement or this section, Contractor
shall not be required to indemnify and hold harmless City as set
forth above for liability attributable to the sole fault of City,
provided such sole fault is determined by agreement between the
parties or the findings of a court of competent jurisdiction. This
exception will apply only in instances where the City is shown to
have been solely at fault and not in instances where Contractor is
solely or partially at fault or in instances where City's fault
accounts for only a percentage of the liability involved. In those
instances, the obligation of Contractor will be all-inclusive and
City will be indemnified for all liability incurred, even though a
percentage of the liability is attributable to conduct of the City.
c. Acknowledgement. Contractor acknowledges that its obligation
pursuant to this section extends to liability attributable to City, if
that liability is less than the sole fault of City. Contractor has no
obligation under this agreement for liability proven in a court of
competent jurisdiction or by written agreement between the
parties to be the sole fault of City.
d. Scope of Contractor Obligation. The obligations of Contractor
under this or any other provision of this Agreement will not be
limited by the provisions of any workers' compensation act or
similar act. Contractor expressly waives its statutory immunity
under such statutes or laws as to City, its employees and officials.
e. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or
any other person or entity involved by, for, with or on behalf of
Contractor in the performance or subject matter of this Agreement.
In the event Contractor fails to obtain such indemnity obligations
from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
f. In General. Failure of City to monitor compliance with these
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requirements imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of
Section 2782 of the Civil Code the parties hereto recognize and
agree that this Agreement is not a construction contract. By
execution of this Agreement, Contractor acknowledges and agrees
that it has read and understands the provisions hereof and that
this paragraph is a material element of consideration. City
approval of the insurance contracts required by this Agreement
does not relieve the Contractor or subcontractors from liability
under this paragraph.
14. INSURANCE REQUIREMENTS Contractor shall procure and
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor's bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, if the breach is such that the City determines
the health, welfare, or safety of the public is immediately
endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not
be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement,
seek specific performance, contract with another party to perform
this Agreement and/or seek damages including incidental,
consequential and/or special damages to the full extent allowed by
law.
c. No Waiver. Failure by City to seek any remedy for any default
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hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Contractor commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services
rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, contractor's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation
may be pursued. In the event any dispute resolution processes are involved,
each party shall bear its own costs and attorneys fees.
18. LITIGATION If any litigation is commenced between parties to
this Agreement concerning any provision hereof or the rights and duties of
any person in relation thereto, each party shall bear its own attorneys' fees
and costs.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under a new agreement
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following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
WAIVER. Neither the acceptance of work or payment for work pursuant to
this Agreement shall constitute a waiver of any rights or obligations arising
under this Agreement. The failure by the City to enforce any of Contractor's
obligations or to exercise City's rights shall in no event be deemed a waiver
of the right to do so thereafter.
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EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
“X” indicated in the space before the requirement apply to Contractor's
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by City before
work commences. City has the right to require Contractor's insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per
occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
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___ $ ____________ per person/$__________ per accident for bodily
injury
___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and property
damage
___ Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the contractor,
regardless of where the vehicles are kept or driven.
Professional/Errors and Omissions Liability with coverage as
indicated:
$1,000,000 per loss/ $2,000,000 aggregate
___ $5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
10)
X The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to
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mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
___ All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
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3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
131
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
ORIGINATING DEPT.: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick DEPT. HEAD: John Livingstone AICP, Director
SUBJECT: FY 2008 – 2009 CDBG County/City Contract
RECOMMENDED ACTION:
Adopt a Resolution authorizing the City Manager to execute a $398,360.77 contract with Santa
Clara County for the FY 2008-2009 CDBG Program.
BACKGROUND:
The Community Development Block Grant (CDBG) Program is federally funded by the United
States Department of Housing and Urban Development (HUD) to assist lower income and
special needs persons with housing and community development needs. The City of Saratoga is
not eligible to apply directly for entitlement funds, but may, qualify to receive such funds, as an
“Urban County” applicant, by entering into a Joint Exercise of Powers Agreement and
Cooperation Agreement 1 (JPA) with the County.
The County requests that cities receiving funds through the Urban County Program enter into a
contract regarding the receipt and expenditure of funds. While the fiscal year begins in July,
there is always a delay in receiving the new Contract from the County. The County has indicated
that there is no change in this contract from the prior year, which was reviewed by the City
Attorney.
The availability of FY 2008-2009 CDBG funds was publicized during the month of January
2008. Six applications were received during the application cycle. On May 7, 2008, the City
Council authorized the submittal of five FY 2008-2009 CDBG funded projects totaling
$133,214. The term of expenditure by the City is from July 1, 2008 to June 30, 2009.
The FY 2008-2009 CDBG Funds are currently allocated as follows:
1 The current JPA expires on September 30, 2011.
132
New CDBG 2008-2009 Funded Projects
Saratoga Area Senior Coordinating Council - Adult Day Care Program $32,732.00
City of Saratoga ADA – Accessible Signal Program Phase II $55,600.00
City of Saratoga ADA –Access Ramp Historical Museum $16,882.00
Urban County Rehabilitation Services (City of Saratoga) $13,000.00
General Administration (City of Saratoga) $15,000.00
Subtotal $133,214.00
Carry-Over (Unused Funds) Projects from Prior Years
SHARP Revolving Housing Rehabilitation Program (2004) $77,020.77
SHARP Revolving Housing Rehabilitation Program (2005) $41,152.00
ADA - Saratoga-Sunnyvale Road Curb Ramp $58,073.00
ADA - SASCC Restroom Improvements $8,150.00
ADA – Accessible Signal Program Phase I $74,526.00
ADA – Theater Seating Project $6,225.00
Subtotal $265,146.77
TOTAL CDBG 2008-2009 funded projects $398,360.77
FISCAL IMPACT:
If the City signs the County/City CDBG Contract, then the City becomes eligible to receive a
new allocation of $133,214.00 in CDBG funds. In addition, the City will have access to
unexpended funds in the amount of $265,146.77 from prior fiscal years for eligible FY 2008-
2009 CDBG activities.
ALTERNATIVE ACTION:
If the City does not sign the County/City Contract, this would jeopardize the City’s receipt of FY
2008-2009 CDBG funds as well as carry-over CDBG funds. In addition, without the new CDBG
funds, the City may have to fund previously approved CDBG activities with General Funds.
FOLLOW UP ACTION:
Forward three signed copies of the County/City contract to Santa Clara County.
ATTACHMENTS:
1. Resolution
2. FY 2008-2009 County/City Contract
133
134
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING
EXECUTION OF A CONTRACT WITH THE COUNTY OF SANTA CLARA
FOR THE FY 2008-2009 COMMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City is participating as a member of the County of Santa Clara (County)
Community Development Block Grant Program (CDBG) Joint Powers Agreement; and
WHEREAS, the County has agreed to the use by the City, as a sub-recipient, of a portion
of the County’s CDBG Entitlement for a housing and community development program to be
operated within the County and which shall benefit low and very low income households; and
WHEREAS, on May 7, 2008 the City Council of the City of Saratoga approved the
expenditure of $133,214.00 in new CDBG funds for fiscal year 2008-2009; and
WHEREAS, the City Council has approved the expenditure of $265,146.77 in carry-over
CDBG funds from prior years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby authorizes the City Manager to execute said CDBG County/City Contract in the total
amount of $398,360.77 for fiscal year 2008-2009.
PASSED AND ADOPTED this 5th day of November 2008, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
_______________________________________
Ann Waltonsmith, Mayor
ATTEST:
_____________________________________
Ann Sullivan, Acting City Clerk
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5
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Rick Torres DEPT HEAD: John Cherbone
SUBJECT: Authorization to purchase one (1) Chevrolet 5500 Dump Truck and declaration of
surplus property and authorization of disposal.
RECOMMENDED ACTIONS:
1. Move to authorize the purchase of one (1) 2007 Chevrolet 5500 Dump Truck from Gilroy
Chevrolet in the amount of $44,000.
2. Move to declare the following vehicle as surplus and authorize its disposal
1996 GMC 3500 1-ton--vehicle # 90
REPORT SUMMARY:
On an annual basis the Street Maintenance Division performs a review of the City’s rolling stock
and capital equipment inventory for future replacement needs. The information is also used to
plan for subsequent budget years. Replacement is determined on various factors such as age,
condition, mileage and use.
Staff recommends replacing an existing dump truck (Vehicle #90) with a slightly larger dump
truck because it will better serve the demands of maintenance and construction work performed
by City crews. Staff also recommends selling Vehicle #90 at auction.
The purchase of a new truck adheres to the City’s vehicle replacement schedule and will ensure a
dependable fleet.
Staff solicited quotations from several dealerships and the following table contains a summary of
the quotes received.
Vehicle Description: 2007 5500 Dump Truck (1 each)
Vendor Quotation
176
*Gilroy Chevrolet $44,000.00
Victory Commercial Truck $45,386.49
Courtesy Chevrolet No Quote
The quotes above reflect those dealership‘s fleet prices. This vehicle comes with a standard 5
year/100000 mile for the motor and a 5year / 50,000 mile drive train warranty that is included in
all prices above. All prices include sales tax..
* indicates lowest bid.
Surplus Item: Vehicle # Mileage Reason Method of disposal
--------------------------------------------------------------------------------------------------------------------
-
1. 1996 GMC 3500 # 90 70,000 Age/Condition Auction
FISCAL IMPACTS:
There are sufficient funds in the adopted budget to cover the purchase of the dump truck. The
amount of revenue from the auctioned truck will be placed back into the Vehicle Replacement
Fund for future vehicle replacements.
In light of slow truck sales the City can take advantage of favorable prices that allow the
purchase of a larger truck within the replacement budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The purchase would not be authorized. If truck is not replaced it would result in higher
maintenance and repair costs and the dependability of City’s fleet would diminish.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
A purchase order for this truck will be issued to the lowest bidder and the surplused truck will be
disposed of at auction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
2 of 3
177
3 of 3
None additional.
ATTACHMENTS:
None
178
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Review of the Heritage Preservation Commission’s proposed design for the
Heritage Orchard Sign
RECOMMENDED ACTION:
Review the proposed design for the Heritage Orchard Sign and direct Staff accordingly.
DISCUSSION:
This item, originally scheduled for the October 15, 2008 City Council meeting, was continued to
the November 5, 2008 meeting at the request of the Chair of the Heritage Preservation
Commission (HPC).
Background
The HPC discussed the proposed design for the Heritage Orchard Sign with the City Council
during a Joint City Council/Heritage Preservation Commission meeting on November 7, 2007.
The City Council was generally supportive of the sign and directed the HPC to determine the
costs to erect the sign, clarify the choice of materials, and to review its design with the Library
Commission.
The Chair of the HPC presented the proposed design of the Heritage Orchard Sign to the Library
Commission at their meeting of June 11, 2008. The Library Commission was supportive of the
design.
The HPC again reviewed the design of the Heritage Orchard Sign with the City Council at the
September 3, 2008 Joint City Council/Heritage Preservation Commission. The HPC presented
more details on the signs exterior materials and informed the City Council that bids had been
obtained to construct the sign and that the costs would be approximately $41,700. The City
Council suggested that the HPC seek outside funding sources as a way to defray the City’s costs
to construct the sign. A copy of the signs construction budget is included as Attachment 1.
ALTERNATIVES:
None
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FISCAL IMPACTS:
The estimated costs to construct the Heritage Orchard Sign would be $41,700 and is currently an
unfunded item in the 2008-2009 CIP budget. Direct costs to the City could be reduced by
outside funding sources.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Construction Budget for the Heritage Orchard Sign
2. Reduced Plans, Exhibit "A"
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SARATOGA CITY COUNCIL
MEETING DATE: November 5, 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: 2008 Winter Issue of The Saratogan
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
BACKGROUND:
After discontinuing publication of The Saratogan in 2004, the City of Saratoga began reissuing
the quarterly publication in February 2008. The fall issue was mailed to residents in October
2008 and the winter newsletter will be sent in January 2009.
The newsletter is used as a tool to improve communications with residents and ensure the public
has access to important information. In the past it has been used to conduct public surveys and
call attention to City services.
The summer issue focused on the theme of “coming together and building community” and
highlighted ways in the City and Saratoga residents can come together to improve the
community. The topics of the focus articles included the Joan Pisani Community Center
dedication, neighborhood associations, KSAR 15, and community gardens. These articles were
featured on the first two pages of the newsletter. The third and fourth pages were dedicated to
supplementary articles on topics important to Saratoga residents. The topics of these articles
included common code enforcement questions in “Ask Jana”, proper disposal of unwanted
medicine, Saratoga’s green business certification, the West Valley College sports fields, Silicon
Valley Turkey Trot, and the Village streetscape improvements.
Staff has started to develop article topics for next issue of The Saratogan. The stories are
centered on the proposed theme of “Renewal” and will highlight stories of revitalization in the
City. Below is a preliminary list of feature and supplementary articles.
Feature Articles:
• Joe’s Trail at Saratoga DeAnza
• Community Development Block Grant and Community Grant Program
• Village streetscape improvements
Page 1 of 2
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Page 2 of 2
Supplementary Articles:
• Ask Jana
• City of Saratoga Artsopolis calendar
• Winter storm preparation
• Digital television transition
• Emergency phone calls from mobile phones
To ensure The Saratogan meets the expectations of the City Council, staff is seeking input for
the fall issue.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Staff will move forward without Council input on the theme, article topics, or other aspects of
the winter issue of The Saratogan.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: The Saratogan 2008 fall issue
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SaratoganTheCITY o f S A RATOG
A
CALIF O R N I A1956
Fall 2008
Coming Together and Building Community
The City of Saratoga’s Community Center is a hub of activity that draws people from all over the City to
socialize, learn, and grow. Each day residents connect with their neighbors through their participation in
activities at the community center. Establishing a place where residents can form lasting relationships with
each other is no easy task. For thirty-three years Joan Pisani, a Saratoga resident and former Director of
Recreation and Facilities, took on this responsibility and transformed the community center into a symbol of
the City’s commitment to building community.
After Joan passed away in 2007, a committee of Joan’s friends, colleagues, and family members pursued
their dream to name the community center for Joan, in commemoration of her efforts. On October 5,
2008, over 200 people celebrated the
dedication of the recently renamed
Joan Pisani Community Center.
Saratoga residents have the
opportunity to continue Joan’s legacy
of building community. Below are just
a few of the ways in which residents
can carry on her work:
Getting Organized: Neighborhood
associations are a wonderful way for
residents to connect. Read more in
the next article.
Tuning In: Stay up to date on local
issues by watching KSAR Channel 15,
the only station devoted to Saratoga.
Details on KSAR are on page 2.
Sharing Passions: Community gardens
are an excellent source of inexpensive
produce and can serve as a great
social network. Learn more on page 2.
Getting Organized
In the hustle and bustle of daily life, few residents take the time to meet their neighbors. However, the time
spent developing friendly relationships with neighbors has many rewards. Well-connected neighborhoods
are safer and better equipped to handle community issues. One of the best ways to organize a community is
to start a neighborhood association. Below are tips for new and established associations:
Stick to Shared Goals: associations are better able to engage the entire community when it is clear that the
goals of the association are based on the shared interests of the community
Maintain Momentum: like any relationship, the key to a long-lasting association is to keep things interesting;
work plans and objectives should be updated to give members new goals
Stay Organized: meetings and the association purpose should always be clear; chaotic meetings and lack of
focus will frustrate members
For more information, visit www.saratoga.ca.us/NeighborhoodAssociations/index.html.
Pisani Family at Joan Pisani Community Center dedication
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Tune in to Saratoga
Get in tune with the local community
by changing the station to KSAR
Channel 15 – Saratoga’s public access
television channel. KSAR has been
operating in Saratoga since the early
1980s to increase access to vital
information and provide residents with
the opportunity to share their interests
and view those of others.
KSAR offers a wide variety of local
programming, including live City Council
and Planning Commission meetings that
are filmed and broadcast by KSAR’s staff
and volunteers. Election forums and
Saratoga High School student productions
will be broadcast this year.
Residents can also rent the KSAR TV
studio, located at West Valley College,
or submit news and events to be aired
on the KSAR Community Bulletin Board.
Saratoga’s Comcast cable customers can already watch KSAR and soon Saratoga’s AT&T U-verse
customers will be able to watch KSAR. Programs, including City Council and Planning Commission meetings,
can also be viewed online at www.KSAR15.org.
For more information about KSAR, volunteering,
renting the studio, or donating to KSAR’s new
endowment fund, call KSAR at (408) 741-2108.
KSAR studio in Saratoga Council Chambers
Gardener in the El Quito Community Garden
Gardening for a Community
Community gardens are quickly becoming a
common feature in American cities. Since the turn
of the century, community gardens have attracted
urban dwellers looking for a place to grow their own
produce. While these gardens are commonly built
to provide residents with the opportunity to grow
produce inexpensively, community gardens have
been found to be a vehicle for building community.
Saratoga is home to two community gardens.
The El Quito Community Garden is located at El
Quito Park near the Westhope Church parking lot.
The garden, managed by the City of Saratoga, has
16 plots. Just yards away is the Westhope Church
Community Garden. Like the El Quito Community
Garden, members of the public can rent plots from
the Church.
The plots in these gardens are full of a wide
array of plants, reflecting the diverse gardeners who
have come together to share a common passion.
Community gardens create new personal connections
that establish a sense of community and belonging
among gardeners, improving their quality of life.
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Ask Jana
Got Code Enforcement questions? Ask Jana! Send your questions
to Jana Rinaldi at 13777 Fruitvale Avenue, Saratoga CA 95070 or
by email to jrinaldi@saratoga.ca.us.
Hi Jana,
I recently stopped by the City offices on a
Wednesday afternoon. I wanted to speak with
you and the Planning staff at the Community
Development Department counter. When I
arrived, I found that you were not in and the
Community Development counter was closed. Can
you tell me when you are in the office and when
the counter is open?
Just Stopping By
Dear Just Stopping By,
Our Planning and Building Counter is open
between 7:30 a.m. to 12:00 noon, Monday
through Thursday and on alternate Fridays.
As for my schedule, I have Wednesdays off
and I work on Saturdays.
Jana
Dear Jana,
Recently, my neighbor started construction
work on his home. Why didn’t I receive formal
notification that there would be a project next
door? Can you also tell me what days and hours
construction is permitted?
Unnoticed Neighbor
Dear Unnoticed,
There are three levels of project approval, two
of which require neighborhood notification.
Large scale projects such as a new two-•
story home require a public hearing before
the Planning Commission and notification
to neighbors within 500 feet of the subject
property.
Other major projects such as a new single-•
story home or a major addition to an
existing home (e.g., adding more than 50%
square footage) requires Administrative
Review and notification to neighbors
within 250 feet of the subject property
Smaller scale projects that do not require •
administrative review or a public hearing
are approved “over the counter” as
long as the submittal is complete and in
compliance with all relevant regulations
(e.g., zoning). Over the counter approval
does not require neighbor notification. See
Municipal Code sections 5-45.060 and 15-
45.065 for a complete breakdown of the
type of projects requiring Administrative
Review or a Public Hearing.
Construction is allowed 7:30 a.m. to 6:00 p.m.
Monday through Friday and 9:00 a.m. to 5:00
p.m. on Saturdays. Construction is prohibited
on Sundays and weekday holidays.
Jana
Proper Disposal of Unused Medicine
Ever wondered what to do with those medicines sitting in the cabinet that don’t have
any more use?
Flushing drugs down sinks or toilet is harmful to the environment and human health.
While wastewater from indoor plumbing is treated to meet strict regulatory standards
before being discharged to our Bay, the treatment plant cannot
filter or neutralize medicinal ingredients. Even low levels of
drugs can have negative effects on the health and reproduction
of marine life. The landmark 2002 U.S. Geological Survey study
found that 80 percent of streams sampled contained drugs,
including steroids and reproductive hormones.
Saratoga residents can dispose of waste medicines by making
an appointment with the County Household Hazardous Waste Program online at
www.hhw.org or by phone at (408) 299-7300.
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Postal Customer Local
PRSRT STD
U.S. Postage
PAID
Saratoga, CA
Permit No. 136
ECRWSS
The Saratogan
13777 Fruitvale Avenue
Saratoga, CA 95070
C I T Y o f S ARATO
G
A
CALIFO R N I A1956
Saratoga Looking Greener
The City of Saratoga has been going back to the basics and earning green
rewards in the process. In an effort to adopt more environmentally
friendly practices, a review of City operations has helped Saratoga to
become certified as a Green Business by the Bay Area Green Business
Program.
The City’s Green Business Certification comes the same year the
Council adopted sustainability as a City priority. Recognizing the need
to become an environmental steward and lead green change throughout
Saratoga, the City has adopted a number of operational changes that will
reduce its environmental footprint.
These changes have saved financial and environmental resources, in
addition to earning Saratoga Green Business Certification and demonstrating
sustainable practices to residents. Improvements include:
Elimination of single-use plastic water bottles•
Extensive recycling program•
Paperless Council Meetings•
Installation of energy efficient T-8 lighting•
Drought resistant landscaping at City Hall•
Silicon Valley Turkey Trot
Start Thanksgiving Day off on the
right foot at the Applied Materials
Silicon Valley Turkey Trot sponsored by
the Silicon Valley Leadership Group.
This year’s beneficiaries will be
the Santa Clara Family Health Foundation, Second
Harvest Food Bank, and The Housing Trust of Santa
Clara County. Last year, $218,000 was raised during
the Turkey Trot with 1/3 of the funds going to the
Healthy Kids program.
To register, visit http://svturkeytrot.com/.
Installation of drought resistant
landscaping on Allendale
Village Streetscape Improvements
Join the Village Adhoc Committee on October 27,
2008 at 6:30 p.m. in the Saratoga Senior Center
located at 19655 Allendale Avenue in Saratoga to help
plan streetscape improvements in the Village. For
more information visit www.saratoga.ca.us or call
(408) 868-1239.
West Valley College Sports Fields
Saratoga’s youth sports enthusiasts have two new
playing fields. In an effort to address interest
in additional sports fields, the City of Saratoga and
West Valley College
established a joint use
agreement that will
allow Saratoga youth
sports organizations
to use two West
Valley College sports
fields. As part of the
agreement, the City
has widened the lower
field to accommodate
a new soccer field,
conditioned the turf on
both fields, constructed
a retaining wall, and
installed sand channel
drainage systemsField at West Valley College
188
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
DEPARTMENT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson
________________________________________________________________________
SUBJECT: Amendment to City Council Policy Pertaining to Norms of Operation and
Rules of Order and Procedure for City Council
________________________________________________________________________
RECOMMENDED ACTION: Approve the attached resolution to amend the City Council Policy
Pertaining to Norms of Operation and Rules of Order and Procedure for City Council to conform to
recent changes in the State Elections Code and allow the Council reorganization in election years to
be held at a special meeting.
REPORT SUMMARY:
At the time the City Council adopted its Norms of Operation in 2004 state law required that the City
Council reorganization (i.e., selection of mayor and vice mayor) be held at a regular meeting in election
years. Accordingly, the Norms of Operation provided that reorganization would take place at a special
meeting in non-election years and at a regular meeting in election years. The law has since changed and
now allows cities to hold their reorganization meetings at a special meeting. Accordingly, the attached
resolution amends the Norms of Operation to provide that reorganization will be held at a special
meeting each year.
The amendment would also revise the Norms of Operation to conform to standard City practice
which is to hold the reorganization meeting on the Tuesday preceding the first regular meeting in
December. The amendment allows the City Clerk to change this date in election years if necessary
for the City to comply with state election laws. Those laws require the reorganization to occur after
the City Council declares the election results and at the same meeting that the declaration of results
occurs. State law also requires that the City Council declare the results within a specified time
following receipt of the results from the County. In ordinary circumstances it should be feasible to
comply with the various laws by holding the meeting on the Tuesday preceding the first regular
meeting of December. In unusual circumstances, however, the City may receive election results
earlier or later than expected. In such cases the City Clerk would need the flexibility to schedule an
earlier or later reorganization meeting. The amended Norms of Operation would provide that
flexibility.
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Page 2 of 2
This change is required to proceed with the special meeting for reorganization currently scheduled
this year for Tuesday, December 2, 2008. If Council elects to leave the Norms of Operation
unchanged the special meeting will be cancelled and the reorganization will be held at the regular
meeting following receipt of the election results from the County.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting.
ATTACHMENTS:
Proposed Resolution
190
RESOLUTION NO.
CITY OF SARATOGA CITY COUNCIL
RESOLUTION AMENDING THE CITY COUNCIL POLICY PERTAINING TO
NORMS OF OPERATION AND RULES OF ORDER AND PROCEDURE FOR
CITY COUNCIL
WHEREAS, the City Council Policy Pertaining to Norms of Operation and Rules of
Order and Procedure for City Council (“Council Norms of Operation”) calls for the City
Council reorganization to be held at a special meeting except in election years; and
WHEREAS, since the Council Norms of Operation was adopted, state law has
changed in a way that allows the City to hold the reorganization at a special meeting even in
election years; and
WHEREAS, the City Council has determined that it is in the public interest to have the
reorganization occur at a special meeting to facilitate a smooth reorganization and to
promote community involvement in the reorganization.
NOW THEREFORE,
BE IT RESOLVED: that the Council Norms of Operation adopted January 21, 2004
and amended June 20, 2007 is hereby amended to revise section 5.B as shown below (words
shown in strikeout [example] are deleted and words shown in bold italics [example] are
inserted):
B. City Council Reorganization – On non-election years the The City Council shall hold
a special meeting on the second Tuesday immediately preceding the first regular
meeting of December. The floor shall be open to nominations for the purpose of
electing a Mayor and Vice Mayor to serve for the following year. Such elections
shall be made by a majority vote of the Councilmembers present at the meeting. The
Mayor and Vice Mayor shall assume the duties of their respective offices
immediately upon election. The Mayor and Vice Mayor shall serve a one-year term
at the pleasure of the Council. On election years the City Council shall meet at a
regular scheduled meeting next following the meeting at which the declaration of the
election results was made pursuant to Section 10262 or 10263 of the Elections Code
and choose one of its members as Mayor, and one of its members as Vice Mayor.
(Government Code Section 36801). In election years the date of the special
meeting referenced above may be changed by the City Clerk as necessary to ensure
compliance with State election laws.
1
191
2
PASSED AND ADOPTED by the City of Saratoga City Council, State of
California, this 5th day of November by the following roll call vote:
AYES:
NOES:
ABSENT:
RECUSED:
________________________________
Ann Waltonsmith, Mayor
ATTEST:
________________________________
Ann Sullivan,
Acting City Clerk
192
SARATOGA CITY COUNCIL
MEETING DATE: November 5, 2008 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Resolution in Support of Santa Clara County Cities Association (SCCCA)
Regional Efforts Related to Disposable, Single Use Carry-out Bags
RECOMMENDED ACTION:
Accept report and adopt Resolution in support of SCCCA regional efforts related to disposable,
single use carry-out bags.
REPORT SUMMARY:
The issue of controlling the distribution and use of disposable, single use carry-out bags is being
debated at the city, county and state level.
State Assembly members Levine, Brownley and Davis sponsored AB 2058, which
did not make it out of committee this past legislative session.
A Technical Advisory Committee (TAC) to the Santa Clara County Recycling and
Waste Reduction Commission (RWRC) has discussed several options for inclusion in
a proposed model countywide ordinance that would regulate the distribution of single
use carry-out bags.
The Cities of Palo Alto and San Jose are taking actions to develop ordinances for
adoption early in 2009.
At its June 12, 2008 meeting, the SCCCA received a report from the City of San Jose concerning
the issue of reducing the use of disposable carry-out bags. While the report noted that these bags
are inexpensive and convenient, they are difficult to recycle, cause litter, and contribute to
pollution and can harm wildlife. While recycling of bags is possible, contamination, volatile
overseas markets and low recovery rates make recycling less viable.
The report notes there are a number of options for addressing the impacts of single use carry-out
bags, including:
Education and public outreach
Banning their use
Enhanced recycling
Creating economic incentives to reduce or eliminate their use
193
A number of jurisdictions are in the process of either banning, assessing fees, or recycling single
use carryout bags.
The Santa Clara County Cities Association (SCCCA) is promoting a regional approach on this
issue, since it crosses jurisdictional boundaries. A regional approach would lead to greater
consistency for customers and retailers and would also help to create a more united front should
legal challenges occur. The SCCCA has requested that member jurisdictions adopt a statement
in support of its regional efforts regarding the use of disposable carry-out bags.
If desired by the Council, staff has attached a Resolution in support of SCCCA regional efforts,
for Council adoption.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
The Council may desire to modify the proposed Resolution, to direct staff to prepare an
alternative Resolution for its consideration, or to take an alternative action.
FOLLOW UP ACTION:
Implement Council direction, if provided.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Resolution
194
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA,
SUPPORTING THE EFFORTS OF THE SANTA CLARA COUNTY
CITIES ASSOCIATION IN PROMOTING A REGIONAL APPROACH
TO ELIMINATING THE USE OF
DISPOSABLE, SINGLE USE CARRY-OUT BAGS
WHEREAS, disposable, single use carry-out bags are inexpensive and convenient, yet
are also difficult to recycle, cause litter, contribute to pollution and can harm wildlife;
WHEREAS, recycling of these bags is possible, contamination, volatile overseas
markets and low recovery rates make recycling less viable;
WHEREAS, a number of options exist for addressing the impacts of disposable, single
use carry-out bags, including:
Education and public outreach
Banning their use
Enhanced recycling
Creating economic incentives to reduce or eliminate their use
WHEREAS, a number of jurisdictions in the San Francisco Bay Region are in the
process of either banning, assessing fees, or recycling single use carryout bags;
WHREAS, the Santa Clara County Cities Association (SCCCA) is promoting a regional
approach on this issue, since it crosses jurisdictional boundaries. A regional approach would
lead to greater consistency for customers and retailers and would also help to create a more
united front should legal challenges occur.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby
supports the efforts of the Santa Clara County Cities Association in promoting a regional
approach to eliminating the use of disposable, single use carry-out bags.
AYES:
NOES:
ABSENT:
ABSTAIN:
Ann Waltonsmith, Mayor
ATTEST:
Ann Sullivan, Acting City Clerk
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