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HomeMy WebLinkAbout12-03-2008 City Council Agenda Packet7/19/2019 CITY COUNCIL saratoga.granicus.com/GeneratedAgendaViewer.php?view_id=9&clip_id=329 1/2 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: December 3, 2008 - 7:00 P.M. PLACE: Council Chamgers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting CEREMONIAL ITEMS: 1.Commendation Honoring Joy Atkins – Board Member of the West Valley-Mission Community College District: Present commendation. Document: Commendation for Joy Atkins Document: Commendation SPECIAL PRESENTATIONS : CONSENT CALENDAR: 2.City Council Minutes - November 19, 2008: Approve minutes. Document: Minutes - November 19, 2008 Document: Minutes 3.Treasurer’s Report for the Month Ended August 31, 2008: The City Council review and accept the Treasurer's Report for the month ended August 31, 2008. Document: Treasurer ’s Report - August 31, 2008 4.Review of Accounts Payable Check Registers: That the City Council acepts the Check Registers for Accounts Payable cycles: November 13, 2008 November 20, 2008 Document: Staff Report Document: 11/13/08 Check Register Document: 11/20/08 Check Register 5.Request for Council Agency Asdsignments and Adhoc Committees: Informational only. Document: Council Agency Assignments Document: Informational Summary 7/19/2019 CITY COUNCIL saratoga.granicus.com/GeneratedAgendaViewer.php?view_id=9&clip_id=329 2/2 6.Resolution Reaffirming Prior City Council Actions to Preserve the Heritage Orchard : Accept report and adopt Resolution reaffirming prior City Council actions which recognized the Heritage Orchard as a valuable asset to the community that should be preserved. Document: staff report and resolution PUBLIC HEARINGS: OLD BUSINESS: NEW BUSINESS: 7.2009 Hazardous Vegetation Program Commencement Resolution: Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting Public Hearing. Document: 2009 Hazardous Vegetation Program Document: Letter from Santa Clara Clara County Department of Agriculture 8.Commission Qualifications and Expiring Terms: Accept the staff report and list of Commission qualifications and Commissioner terms that will be expiring in the next calendar year. Document: Staff Report In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, California 95070. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the Director at the time they are distributed to the Planning Commission. Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on *date posted* at the office of the City of Saratoga, 13777 Fruitvale Avenue, 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 If you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view Previous Planning Commission meetings anytime, go to the City Video Archives at www.saratoga.ca.us SARATOGA CITY COUNCIL MEETING DATE: December 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – November 19, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – November 19, 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 November 19, 2008 MINUTES SARATOGA CITY COUNCIL NOVEMBER 19, 2008 Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: Councilmember Aileen Kao ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Heather Bradley, Contract Planner REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 19, 2008, was properly posted on November 13, 2008. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Willys Peck asked if he could address the council on Agenda Item 13 –Heritage Orchard Preservation – because he was unable to stay until that item came up for discussion later in the meeting. Council concurred that he could. Mr. Peck stated he was concerned that subsequent councils could replace the Heritage Orchard with athletic fields and suggested that the Orchard be held in an irrevocable trust that would ensure its perpetuity. Kathleen Casey Coakley thanked the Saratoga News for the recent article on the proposed removal of the oak tree in the Heritage Orchard. Ms. Coakley noted some residents have started an organization called “Friends of Saratoga” promoting the non- removal of oak trees in the Orchard. In addition, she commented about Citizen Ray using more than 3 minutes to speak at Council meetings; the Fence Ordinance; and the number of staff absent on Veterans Day Holiday. Vibha Gaitonde addressed the Council regarding her emergency generator permit and the required 15 day waiting period to install the generator. She noted she would like the length of the waiting period waived because she would be traveling and would not be at her home at the conclusion of the waiting period. 2 Citizen Ray commended Mayor Waltonsmith for her years of service to the city council; spoke about dead pines in Saratoga; and expressed his appreciation for the safety improvements that have been done on Highway 9. COUNCIL DIRECTION TO STAFF Councilmember King asked City Attorney Richard Taylor about the City’s Code regarding the 15 day waiting period to install an emergency generator. City Attorney Richard Taylor noted the City Code says there is a 15 day waiting period to allow for an appeal process. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Prior to the Regular Meeting representatives from the Mountain Winery met in a Joint Meeting with the City Council. Bill Hirschman and Dave House, two of four owners of the Mountain Winery were present to address the Council. Mr. Hirschman noted renovation of the Mountain Winery began in September and that the first phase of the renovation is almost complete. He thanked the neighbors residing in the immediate area for their patience during this phase of the renovation and construction traffic and stated the renovation should be completed in March of 2009. In addition, he noted the concert season for this year opened on July 13th, the wine tasting is open, and their first wine production in 60 years – produced from grapes harvested from their vineyards – is now available for purchase. ANNOUNCEMENTS Councilmember Hunter announced the Village Open House on Friday, November 28th from 5:30 p.m. to 8:00 p.m. Mayor Waltonsmith stated the Silicon Valley Leadership Group was holding a fund raiser for three non-profit organizations on Thursday, November 27th. The event is called “The Turkey Trot”. Vice Mayor Page announced he will be presenting a “Family Week” commendation to the Saratoga Ministerial Association on Thanksgiving Day. The presentation will take place during the 10:00 a.m. service at the Federated Church in Saratoga. [On November 25, 2008 I received confirmation from Vice Mayor Page that Councilmember Jill Hunter will present the commendation.] Ann Sullivan, City Clerk. CEREMONIAL ITEMS 1. COMMENDATION HONORING THE LEAGUE OF WOMEN VOTERS – SOUTHWEST SANTA CLARA COUNTY STAFF RECOMMENDATION: Present commendation. Mayor Waltonsmith read the commendation and presented it to Ann Roberts, Marge Bunyard, Gladys and Fred Armstrong, and Terry and Judy Zaccone, representatives from the League of Women Voters. 3 2. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 23-29, 2008 AS “NATIONAL FAMILY WEEK” STAFF RECOMMENDATION: Present proclamation. Vice Mayor Page will be presenting the proclamation to the Saratoga Ministerial Association during the 10:00 a.m. Thanksgiving service at the Federated Church. [On November 25, 2008 I received confirmation from Vice Mayor Page that Councilmember Jill Hunter will present the commendation.] Ann Sullivan, City Clerk. SPECIAL PRESENTATIONS None CONSENT CALENDAR 3. CITY COUNCIL MINUTES – NOVEMBER 5, 2008 STAFF RECOMMENDATION: Approve minutes. HUNTER/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES – NOVEMBER 5, 2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 4. TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2008 STAFF RECOMMENDATION: The City Council review and accept the Treasurer's Report for the month ended July 31, 2008. Vice Mayor Page removed this item for clarification. Vice Mayor Page noted the Economic Uncertainty Fund is actually 1.3 million dollars and not 1.5 million dollars due to the 2 million funding for the Comer Debris Wall and that the next Treasurer’s Report will reflect this correction. PAGE/HUNTER MOVED TO ACCEPT TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 5. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: October 30, 2008 November 6, 2008 HUNTER/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: OCTOBER 30, 2008 AND NOVEMBER 6, 2008. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 4 6. COMPREHENSIVE COUNTY EXPRESSWAY 2008 PLAN UPDATE STAFF RECOMMENDATION: Support the Comprehensive County Expressway Planning Study Draft 2008 Update. Councilmember Hunter removed this item for discussion. Councilmember Hunter asked Public Works Director John Cherbone to clarify the Expressway Plan regarding the signal lights. Director Cherbone stated the Expressway Plan applies to all the expressways in Santa Clara County. He stated there will be signal light timing improvements along the Lawrence Expressway corridor and since Lawrence Expressway ends in Saratoga this would benefit Saratoga by moving the traffic along more efficiently. He also noted there would be some minor improvements to the intersection of Lawrence Expressway and Prospect Avenue by adding a turning lane, thereby increasing the functionality of this intersection. Director Cherbone stated this is a long-term plan and that improvements will happen in phases. HUNTER/PAGE MOVED TO SUPPORT THE COMPREHENSIVE COUNTY EXPRESSWAY PLANNING STUDY DRAFT 2008 UPDATE. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 7. LANDSCAPE MAINTENANCE AGREEMENT – 18610 MARSHALL LANE STAFF RECOMMENDATION: Approve a Landscape Maintenance Agreement for public right-of-way landscaping at 18610 Marshall Lane and authorize the City Manager to execute the same. HUNTER/PAGE MOVED TO APPROVE A LANDSCAPE MAINTENANCE AGREEMENT FOR PUBLIC RIGHT-OF-WAY LANDSCAPING AT 18610 MARSHALL LANE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 8. CITYWIDE STRIPING AND SIGNAGE – APPROPRIATION OF FUNDS STAFF RECOMMENDATION: Approve Budget Resolution appropriating funds for Citywide Striping. RESOLUTION NO. 08-071 HUNTER/PAGE MOVED TO APPROVE BUDGET RESOLUTION APPROPRIATING FUNDS FOR CITYWIDE STRIPING. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 9. AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH MPA DESIGN STAFF RECOMMENDATION: Approve an Amendment to the existing professional services contract with MPA Design for additional construction design work in the amount of $9,600 and authorize the City Manager to execute the same. 5 HUNTER/PAGE MOVED TO APPROVE AN AMENDMENT TO THE EXISTING PROFESSIONAL SERVICES CONTRACT WITH MPA DESIGN FOR ADDITIONAL CONSTRUCTION DESIGN WORK IN THE AMOUNT OF $9,600 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 10. AUTHORIZATION TO PURCHASE TWO FORD ESCAPE HYBRID VEHICLES STAFF RECOMMENDATION: 1. Authorize purchase of two (2) 2009 Ford Escape Hybrids from The Ford Store in the amount of $61,921.12 2. Approve Budget Resolution appropriating additional funding for the purchase of the hybrid vehicles. 3. Move to declare the following vehicles as surplus and authorize their disposal: •1996 Oldsmobile Ciera-Vehicle #92 •1996 Saturn -Vehicle # 87 RESOLUTION NO. 08-074 HUNTER/PAGE MOVED TO: 1) AUTHORIZE PURCHASE OF TWO (2) 2009 FORD ESCAPE HYBRIDS FROM THE FORD STORE IN THE AMOUNT OF $61,921.12; 2) APPROVE BUDGET RESOLUTION APPROPRIATING ADDITIONAL FUNDING FOR THE PURCHASE OF THE HYBRID VEHICLES; 3) MOVE TO DECLARE THE FOLLOWING VEHICLES AS SURPLUS AND AUTHORIZE THEIR DISPOSAL: 1996 OLDSMOBILE CIERA – VEHICLE #92 AND 1996 SATURN – VEHICLE #87. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. 11. REQUEST TO CHANGE PARKS AND RECREATION COMMISSION MEETING LOCATION STAFF RECOMMENDATION: Adopt resolution amending the meeting location of the Parks and Recreation Commission. RESOLUTION NO. 08-072 HUNTER/PAGE MOVED TO ADOPT RESOLUTION AMENDING THE MEETING LOCATION OF THE PARKS AND RECREATION COMMISSION. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. PUBLIC HEARINGS 12. Appeal – APPLICATION #APCC08-0004 – 18605 LYONS COURT APN:389-25- 012; Appellant - Brennan: Appeal of a Planning Commission denial of Design Review PDR07-008 requesting approval to add a second floor to the existing single story residence. The proposal denied by the Planning Commission includes an 6 approximately 594 square foot second-story addition, and a 251 square foot first floor addition to the existing 2,189 square foot residence. Total proposed floor area would be approximately 3,034 square feet. The maximum height of the proposed building will be approximately 22 feet. The lot site is approximately 8,150 square feet, located in the R-1-10,000 zoning district. Design Review approval is required pursuant to Saratoga City Code Section15-45.060. STAFF RECOMMENDATION: Deny the appeal, thus affirming the Planning Commission Design Review Denial issued on October 8, 2008. City Attorney Richard Taylor noted the Applicant and Appellant are one and the same. Heather Bradley, Contract Planner, presented staff report. Mayor Waltonsmith opened the public hearing. Applicant Mr. Tom Brennan addressed the Council. Mayor Waltonsmith invited public comment. The following people spoke in support of upholding the denial: Camille Luckadoo Ned Mederosted Amr Salahieh Steve Allen Mary Costanza Forest Cob Bernice Keeble Deirdre Dunnion Ali Salahieh Jennifer Allen read a letter submitted by Ruchi and Sanjay Sadhu The following people spoke in support of the appeal: Judith Walls Paul Summers Howard Bennion Neeraj Kochhar, MD Mike Ryan Mahmood Safa Mayor Waltonsmith declared a 5 minute break at 9:00 p.m. Mayor Waltonsmith reconvened the meeting at 9:05 p.m. Mayor Waltonsmith asked Planning Commissioner Chair Manny Cappello to address the Council regarding the design process and the various Planning Commission Study Sessions for this application. Applicant Sheila Brennan addressed the Council on rebuttal. 7 Mayor Waltonsmith closed the public comment. Vice Mayor Page noted that he felt a second story home was not conducive to the small lot; and he preferred the removal of the front yard tulip tree in order to expand the one-story. In addition, he felt the applicants had done a lot to accommodate the neighbors and would like to see the neighbors be more reasonable. Councilmember King stated she didn’t understand why two-story homes were allowed in some neighborhoods and why not in this neighborhood. She also stated she has always believed in single story overlays and that if no decision could be reached tonight she would recommend the Community Development Director hold additional study sessions to come up with a proposal that works for everyone. Councilmember Hunter stated she supports the proposed design. Mayor Waltonsmith stated she was in support of the proposed design with the exception that the applicant reconsider planting the two proposed oak trees in the backyard with some other trees because of the small backyard. RESOLUTION NO. 08-073 KING/ HUNTER MOVED TO APPROVE THE PLANS SUBMITTED ON NOVEMBER 10, 2008 SUBJECT TO THE FINDINGS AND CONDITIONS THAT WERE BEFORE THE PLANNING COMMISSION AT THEIR MEETING OF OCTOBER 8, 2008 WITH THE MODIFICATION THAT TWO TREES PROPOSED TO BE PLANTED IN THE REAR YARD BE CONDUCIVE TO GROWING NEAR SWIMMING POOLS AND BE SUBJECT TO THE REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. OLD BUSINESS 13. HERITAGE ORCHARD PRESERVATION – CURRENT STATUS AND ADDITIONAL OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor presented staff report and answered questions presented by Council. Mayor Waltonsmith invited public comment. The following people addressed the Council on this item: Jenny Taylor asked the Council to protect the Heritage Orchard. Kathleen Casey Coakley stated she would like the Orchard preserved as it is by establishing an Irrevocable Trust. Mayor Waltonsmith closed the public comment. 8 Councilmember King favored a vote of the people of the community to determine the future of the Heritage Orchard. In addition, she stated she would like this item placed on the 2009 Council Retreat for discussion. Councilmember Hunter favors having programs in the Orchard to entice people to visit the Orchard. Vice Mayor Page agreed to having a vote of the people regarding the future of the Orchard and also agreed with the suggestion to agendize it on the 2009 Council Retreat. Mayor Waltonsmith noted she would urge the Council to continue this discussion with the new Council with regard to an easement or a ballot initiative and that she supports the Orchard being saved in perpetuity; however, she is aware of the cost involved. Council’s decision was to accept the staff report as is and to bring back a resolution with additional direction to the new Council affirming actions taken by previous Councils to preserve the Orchard in perpetuity. Discussion continued regarding the oak tree in the Heritage Orchard that was designated to be gifted to West Valley College. City Attorney Richard Taylor stated that this has already been voted on by the Council and that this item would have to go back to the Heritage Preservation Commission (HPC) and go through the formal process of having the tree removal permit issued since the HPC had determined that the Orchard is a historic landmark. He noted this process would also include the new Heritage Orchard sign specifying that both of these items have already been voted on by the Council. NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith – reported: Santa Clara County Emergency Council – met and noted that there is a lot of activity occurring in areas not specific to cities – such as looking for grants for the upcoming year. Comprehensive County Expressway Planning Study Advisory Board (PAB) – currently on hold and doesn’t feel a councilmember needs to be assigned to this adhoc in the upcoming year. Mayor Waltonsmith stated she attended the Northern Central Flood Control Zone Advisory Board meeting for Councilmember Kao on November 19th noting that the different watersheds have different needs and that the members recommended the board leave the meeting schedule as it is with four meetings per year or have two joint meetings and two regular meetings per year. She stated there may be some redesign and reassignments by the Board for 2009. Vice Mayor Chuck Page – reported: 9 Chamber of Commerce – attended the last meeting and stated they are looking for a president elect. West Valley Sanitation District – met and they are about to celebrate their 60th anniversary. Council Finance Committee – met on November 19th and there weren’t any actions to report. Valley Transportation Authority PAC – the monthly meeting was cancelled. After School Youth Program – that the Youth Commission would be conducting a survey of the students that visit the Saratoga Library as well as meet with Redwood School to define the type of after school program and the needs of the students, rather than focusing on the venue. Councilmember Kathleen King – reported: Santa Clara County Cities Association – was thrilled with Assistant City Manager Barbara Powell’s staff report on the disposable carryout bag use and all the other cities have asked for a copy of the City of Saratoga’s resolution on the issue. She noted the State doesn’t allow you to directly place a fee on plastic bags; however, if people request a plastic bag, a business could charge for it. She also hoped that the members could attend the holiday event in Gilroy. Councilmember Jill Hunter – reported: Historic Foundation – she attended the last meeting and at that meeting Ernie Kraule had been appointed to oversee the landscaping at the Historic Museum; however, the ramp at the Museum would have to be corrected before they proceed with the garden area design. KSAR – she attended the last meeting and there continue to be monetary issues at KSAR. She also noted KSAR will be filming the Village Open House. West Valley Solid Waste Joint Powers Association – she attended the monthly meeting; the participating cities would be imposing a monthly road use fee on waste management (garbage and recycling) trucks. She noted the use fee would be $1.00; not the 26 cents that she had reported at the last meeting. Councilmember Aileen Kao – was absent CITY COUNCIL ITEMS Councilmember King suggested agendizing the tree replacement at the Book-go-round. (City Manager Dave Anderson stated he would have City Arborist Kate Bear provide an update in the weekly Council Newsletter). In addition, Councilmember King inquired about agendizing Council Retreat items. (City Manager Dave Anderson recommended that Council provide Council Retreat items to the City Clerk as soon as possible). Councilmember King also stated she would like to agendize discussion on how to reduce agenda items. (There was no second by another council member) Councilmember King also voiced her concern regarding the last CH-2 Adhoc Committee meeting and that it hasn’t been agendized on a council agenda for discussion. Mayor Waltonsmith noted this item was scheduled for discussion at the January Council Retreat. 10 Vice Mayor Page asked to agendize the perpetuity of the Heritage Orchard – such as a reaffirmation of the resolution that was adopted in 2000. Councilmember Hunter seconded the motion. Mayor Waltonsmith stated she attended the 35th anniversary event at the Santa Clara County Sheriff’s Office and noted that Sheriff Laurie Smith expressed her desire to meet the newly elected council members when they are seated. CITY MANAGER’S REPORT City Manager Dave Anderson thanked Mayor Waltonsmith for her long service on the City Council. He also noted he attended the annual Gonsalves City Manager meeting in Sacramento and that the Assistant Chair of the Senate Budget Committee spoke to the group and indicated that the committee felt that they were a “lame duck legislature” in the special session, that there was not sufficient time to develop broad structural changes for the state budget, and that they were viewing it as an educational process for themselves, the public and the governor and that more structural reform will occur in the 2009 session. ADJOURNMENT There being no further business Mayor Waltonsmith asked for a motion to adjourn the meeting. PAGE/KING MOVED TO ADJOURN THE REGULAR MEETING AT 11:15P.M. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 3, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Director SUBJECT: Treasurer’s Report for the Month Ended August 31, 2008 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended August 31, 2008. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of August 31, 2008, the City had $162,798 in cash deposit at Comerica bank, and $15,743,779 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of August 31, 2008 is $15,906,576 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank 162,798$ Deposit with LAIF 15,743,779$ Total 15,906,576$ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at August 31, 2008 General General Fund Reserved: Petty Cash Reserve 1,300$ Designated: Designated for Operations 2,808,164$ Designated for Economic Uncertainty 1,300,000$ Designated for Development Program 782,380$ Designated for Environmental Program 679,917$ Designated for Capital Projects 1,200,000$ Undesignated:2,845,248$ Special Revenue Landscape and Lighting Districts 200,928$ CDBG Federal Grants -$ SHARP Program 109,717$ Capital Project Street Projects 1,970,911$ Park and Trail Projects 1,391,047$ Facility Improvement Projects 567,587$ Adminstrative Projects 95,452$ Tree Fund 2,839$ CIP Grant Fund (173)$ Gas Tax Fund (1,635)$ Debt Service Library Bond 184,759$ Internal Service Equipment Replacement 147,473$ IT Replacement 328,956$ Facility Maintenance 224,680$ Equipment Maintenance 32,010$ Information Technology Services 160,613$ Office Stores Fund 40,648$ Liability/Risk Management 31,129$ Workers Compensation 69,287$ Trust/Agency Library Fund 693,948$ KSAR - Community Access TV 39,392$ Total City 15,906,576$ ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at August 31, 2008. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/08 Increase/ (Decrease) July Current Revenue Current Expenditure Transfers Fund Balance 08/31/08 General Undesignated Unreserved Balance 3,141,836 (829,287) 662,950 698,190 2,277,309 Reserved Fund Balance: Petty Cash Reserve 1,300 - - - 1,300 Designated Fund Balances:- - Designated for Operations 2,808,164 - - - 2,808,164 Designated Economic Uncertainty 1,500,000 (200,000) - - 1,300,000 Designated for Development 782,380 - - - 782,380 Designated for Environmental 679,917 - - - 679,917 Designated for Capital Projects 1,200,000 1,200,000 Special Revenue Landscape/Lighting 209,821 (2,302) 305 6,975 200,850 CDBG Federal Grants - - - - - SHARP Loan 93,877 (827) - - 93,050 Capital Project Street Projects 2,074,547 (8,722) - 21,331 - 2,044,494 Park and Trails 1,383,847 10,404 - 10,299 - 1,383,952 Facility Improvements 515,315 9,458 5,722 1,044 - 529,451 Adminstrative Projects 100,841 (1,292) - 4,097 - 95,452 Tree Fund - 4,722 - 1,884 - 2,839 Grant Fund - - - 173 - (173) Gas Tax Fund - - - 1,635 - (1,635) Debt Service Library Bond 853,620 (4,302) 1,445 666,028 184,735 Internal Service Fund Equipment Replacement 98,109 50,277 - 915 147,472 Technology Replacement 316,310 12,826 - 179 328,956 Building Maintenance 101,361 154,858 - 41,330 214,890 Equipment Maintenance 13,412 43,381 - 12,533 44,260 Information Technology Services 122,541 68,992 - 33,766 157,768 Stores Fund 32,616 12,044 999 5,010 40,648 Liability/Risk Management 128,689 (90,927) - 6,715 31,048 Workers Compensation 47,736 22,174 - 649 69,260 Total City 16,206,240 (748,522) 671,421 1,512,756 - 14,616,385 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at August 31, 2008 Street Projects Traffic Safety 11,757 Highway 9 Safety Project 55,460 Annual Street Resurfacing Project 507,923 Sidewalks Yearly Project 70,075 Saratoga Sunnyale Road Resurfacing (114,321) Traffic Signal @ Verde Vista Lane 90,000 Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (16,188) Quito Road Bridge Replacement 9,730 Quito Road Bridge Construction 115,726 Village Newsrack Enclosur 23,384 Village Façade Program 19,430 Solar Power Radar Feedback Signs 24,158 El Quito Area Curb Replacement 37,552 Sobey Road Culvert Repair 150,000 Village Trees & Lights at Sidestreets 31,965 Village Pedestrian Enhancement 115,000 Prospect Road Median 1,556 City Entrance Sign/Monument 23,788 Village-Streetscape Impv (Sidewalk, Curbs)540,665 Saratoga-Sunnyvale ADA Curb Ramps (2,525) Saratoga-Sunnyvale/Gateway Sidewalk 57,224 CIP Allocation Fund 118,552 Total Street Projects 1,970,911$ Parks & Trails Hakone Garden Kol Pond 50,000 EL Quito Park Improvement 118,209 Wildwood Park - Water Feature/Seating 7,199 Historical Park Landscape 37,200 Citywide Tree Replanting 129,566 Hakone Garden D/W 142,829 Wildwood Park Improvement (4,543) DeAnza Trail (77,802) Kevin Moran Improvements 982,365 West Valley Soccer Field (51,412) Park/Trail Repairs 21,130 Heritage Orchard Path 6,153 Trail Segment #3 Repair 7,912 Teerlink Ranch Trail 22,242 Total Parks & Trails 1,391,047$ Facility Improvements Civic Center Landscape 13,385 Warner Hutton House Improvements 5,868 Facility Projects 39,735 Fire Alarm at McWilliams & Museum 11,371 North Campus Improvements 495,465 Historical Park Fire Alarm System 1,762 Total Facility Improvements 567,587$ Administrative Projects Financial System Upgrade 8,516 Document Imaging Project 89,519 CDD Document Imaging Project (2,584) Total Administrative Projects 95,452$ Tree Fund Tree Fund 2,839$ CIP Grant Fund CIP Grant Fund (173)$ Gas Tax Fund Gas Tax Fund (1,635)$ Total CIP Funds 4,026,026$ ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/08 Increase/ (Decrease) July Current Revenue Current Expenditure Transfers Fund Balance 08/31/08 Street Projects Traffic Safety 11,757 - - - 11,757 Highway 9 Safety Project 55,460 - - - 55,460 Annual Street Resurfacing Project 732,980 (8,722) - 21,331 702,927 Sidewalks Yearly Project (3,564) - - - (3,564) Saratoga Sunnyale Road Resurfacing (178,292) - - - (178,292) Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - - - 100,000 Quito Road Bridge Replacement 9,730 - - - 9,730 Quito Road Bridge Construction 115,726 - - - 115,726 Village Newsrack Enclosur 23,384 - - - 23,384 Village Façade Program 19,430 - - - 19,430 Solar Power Radar Feedback Signs 24,158 - - - 24,158 El Quito Area Curb Replacement 37,553 - - - 37,553 Sobey Road Culvert Repair 150,000 - - - 150,000 Village Trees & Lights at Sidestreets 31,965 - - - 31,965 Village Pedestrian Enhancement 115,000 - - - 115,000 Prospect Road Median 1,556 - - - 1,556 City Entrance Sign/Monument 23,788 - - - 23,788 Village-Streetscape Impv (Sidewalk, Curbs) 540,665 - - - 540,665 Saratoga-Sunnyvale ADA Curb Ramps (2,525) - - - (2,525) Saratoga-Sunnyvale/Gateway Sidewalk 57,224 - - - 57,224 CIP Allocation Fund 118,552 - - - 118,552 Total Street Projects 2,074,547 (8,722) - 21,331 - 2,044,494 Parks & Trails Hakone Garden Kol Pond 50,000 - - - 50,000 EL Quito Park Improvement 118,209 - - - 118,209 Wildwood Park - Water Feature/Seating 7,199 - - - 7,199 Historical Park Landscape 37,200 - - - 37,200 Citywide Tree Replanting 129,566 - - - 129,566 Hakone Garden D/W 142,829 - - - 142,829 Wildwood Park Improvement (4,543) - - - (4,543) DeAnza Trail (77,802) - - - (77,802) Kevin Moran Improvements 982,259 10,404 - 10,299 982,364 West Valley Soccer Field (58,507) - - - (58,507) Park/Trail Repairs 21,130 - - - 21,130 Heritage Orchard Path 6,153 - - - 6,153 Trail Segment #3 Repair 7,912 - - - 7,912 Teerlink Ranch Trail 22,242 - - - 22,242 San Marcos OP Space Trail - - - - - Total Parks & Trails 1,383,847 10,404 - 10,299 - 1,383,952 Facility Improvements Civic Center Landscape 13,384 - - - 13,384 Warner Hutton House Improvements 5,868 - - - 5,868 Facility Projects 39,735 - - - 39,735 Fire Alarm at McWilliams & Museum 11,371 - - - 11,371 North Campus Improvements 443,195 9,458 5,722 1,044 457,331 Historical Park Fire Alarm System 1,762 - - - 1,762 Total Facility Improvements 515,315 9,458 5,722 1,044 - 529,451 Administrative Projects Financial System Upgrade 8,516 - - - 8,516 Document Imaging Project 92,325 - - 2,806 89,519 CDD Document Imaging Project - (1,292) - 1,292 (2,584) Total Administrative Projects 100,841 (1,292) - 4,097 - 95,452 Tree Fund Tree Fine Fund - 4,722 - 1,884 2,839 CIP Fund CIP Grant Fund - - - 173 (173) Gax Fund Gas Tax Fund - - - 1,635 (1,635) Total CIP Funds 4,074,550 9,848 5,722 36,772 - 4,054,379 ATTACHMENT E 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: November 13, 2008 November 20, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 11/13/08 110869 110915 47 196,691.69 11/13/08 11/06/08 110868 11/20/08 110916 110976 61 134,536.38 11/20/08 11/13/08 110915 AP Date Check No. Issued to Dept.Amount 11/13/08 110878 Recreation 38,252.43 11/13/08 110884 Public Works 19,864.30 11/13/08 110887 Public Works 37,335.89 11/13/08 110888 Public Works 44,000.00 11/13/08 110902 Public Works 15,686.90 11/20/08 110954 Various 16,058.56 11/20/08 110961 Various 21,058.70 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 11/13/2008 110898 (91.20) 11/13/2008 110899 (33.02) 11/20/2008 110892 (400.00) Monthly Services - Legal Fees / City Attorney / Litigation Issued to Final Retention San Jose Water Various Monthly Water Service Purchase 2007 Chevy Dump Truck Striping Service - Phase 1 George Bianchi Streets Shute Mihaly & Weinberger Various Printing Error - Reissue 11/26/08 Description Printing Error - Reissue 11/20/08 Printing Error - Reissue 11/20/08 Gilroy Chevrolet Vehicle/Equipment Replacement On-Line Striping Streets CRW Industries Facilities N Campus Improvements Fehr & Peers General Consultant Services 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 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 DEPARTMENT:Finance & Administrative Services CITY MANAGER: PREPARED BY:DEPT. DIRECTOR: SARATOGA CITY COUNCIL MEETING DATE:December 3, 2008 AGENDA ITEM: The following is a list of cash reduction by fund: Fund #AP 11/13 AP 11/20 Total 111 General 41,249.95 89,604.40 130,854.35 231 Village Lighting - 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape - 243 Carnelian Glen 85.37 85.37 244 Cunningham/Glasgow Landscape 118.66 117.93 236.59 245 Ferdericksburg Landscape - 246 Greenbriar Landscape - 247 Kerwin Ranch Landscape 534.48 534.48 248 Leutar Court Landscape - 249 Manor Drive Landscape 58.26 58.26 251 McCartysville Landscape - 252 Prides Crossing Landscape 96.88 96.88 253 Saratoga Legends Landscape 401.86 401.86 254 Sunland Park Landscape 299.41 299.41 255 Tricia Woods Landscape 34.45 34.24 68.69 271 Beauchamps Landscape 328.80 328.80 272 Bellgrove Landscape - 273 Gateway Landscape - 274 Horseshoe Landscape/Lighting 199.21 199.21 275 Quito Lighting - 276 Tollgate LLD - 277 Village Commercial Landscape 543.70 844.23 1,387.93 311 Library Bond Debt Service - 411 CIP Street Projects 55,041.67 2,226.23 57,267.90 412 CIP Parks Projects 428.90 1,479.15 1,908.05 413 CIP Facility Projects 38,365.97 312.50 38,678.47 414 CIP Admin Projects 2,998.44 308.51 3,306.95 421 Tree Fine Fund 1,100.00 9,708.06 10,808.06 431 Grant Fund - CIP Streets 856.52 178.69 1,035.21 481 Gas Tax Fund 12,864.00 12,864.00 611 Liability/Risk Mgt - 612 Workers' Comp - 621 Office Stores Fund 4,312.30 75.28 4,387.58 622 Information Technology 4,034.43 5,793.90 9,828.33 623 Vehicle & Equimpent Maint 750.79 750.79 624 Building Maintenance 1,730.71 8,006.89 9,737.60 631 45,875.99 227.31 46,103.30 632 - 196,691.69 134,536.38 331,228.07 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 IT Equipment Replacement TOTAL Fund Description Vehicle & Equipment Replacement 207 205 206 211 215 233 227 202 203 228 212 201 209 222 225 217 210 216 226 232 231 204 229 224 SARATOGA CITY COUNCIL MEETING DATE: December 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Request for Council Agency Assignments and Adhoc Committees RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Each year in conjunction with the Council reorganization the City Council makes new outside agency and AdHoc Committee assignments. For your information, I have attached Resolution 07-076 (Attachment A), a draft Resolution for 2009 without Council assigments, and a brief informational summary regarding the various agencies. Please review the attached information and submit assignment preferences to the Mayor by 5 p.m., December 10, 2008. The resolution of the final assignments will be brought back for Council consideration on December 17, 2008. The following City Council Adhoc & Committees to be considered are: Council Finance Committee , City/School Adhoc, and Village Adhoc. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Council representatives to various agencies and Council liaison to various adhoc committees will remain unfilled. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution 07-076 Attachment B – Draft 2009 Council Assignment Resolution Attachment B – Informational Summary RESOLUTION NO. 07-076 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC COMMITTEES WHEREAS, the City Council reorganized on December 4, 2007, for the coming year; and WHEREAS, representatives from the City Council serve on various agencies and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby to be appointed to the agencies and adhoc committees named, through December 2008, or until replaced: Agency Councilmember Alternate Association of Bay Area Government Waltonsmith Page Chamber of Commerce Page Hunter Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) Waltonsmith Kao County HCD Policy Committee Kao Hunter Hakone Foundation Board Page N/A Hakone Foundation Executive Committee Waltonsmith N/A Historic Foundation Hunter Kao KSAR Community Access TV Board Hunter Waltonsmith Library Joint Powers Association Hunter King Northern Central Flood Control Zone Advisory Board Kao Hunter Peninsula Division, League of California Cities King Page Recycling & Waste Reduction Commission of SCC Kao Page Santa Clara County Valley Water Commission Hunter Page Santa Clara County Cities Association King Waltonsmith Santa Clara County Cities Association- Joint Economic Development Policy Committee (JEDPC) Kao King Santa Clara County Emergency Waltonsmith Hunter Council SASCC Waltonsmith Hunter Sister City Liaison Waltonsmith Kao West Valley Solid Waste Joint Powers Association Page Hunter Valley Transportation Authority PAC King Page West Valley Sanitation District Page Kao West Valley Mayors and Managers Association Waltonsmith Page (Both members are required to attend meetings) City School Ad-Hoc Kao King Council Finance Committee Waltonsmith Page Facility Naming Ad-Hoc Waltonsmith King Highway 9 Safety Ad-Hoc Kao Waltonsmith North Campus Ad-Hoc King Page Prospect Ave Ad-Hoc Waltonsmith King Village Ad-Hoc Hunter Page The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 19th day of December, 2007, by the following vote: AYES: Councilmembers Jill Hunter, Aileen Kao, Kathleen King Vice Mayor Chuck Page NOES: None ABSENT: Mayor Ann Waltonsmith ABSTAIN: None ______________________________ Chuck Page, Vice Mayor ATTEST: ________________________________ Cathleen Boyer, City Clerk RESOLUTION NO. 08- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC COMMITTEES FOR 2009 WHEREAS, the City Council reorganized on December 2, 2008, for the coming year; and WHEREAS, representatives from the City Council serve on various agencies and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby to be appointed to the agencies and adhoc committees named, through December 2009, or until replaced: Agency Councilmember Alternate Association of Bay Area Government Chamber of Commerce Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) County HCD Policy Committee Hakone Foundation Board Hakone Foundation Executive Committee Historic Foundation KSAR Community Access TV Board Library Joint Powers Association Northern Central Flood Control Zone Advisory Board Peninsula Division, League of California Cities Recycling & Waste Reduction Commission of SCC Santa Clara County Valley Water Commission Santa Clara County Cities Association Santa Clara County Cities Association- Joint Economic Development Policy Committee (JEDPC) Santa Clara County Emergency Council SASCC Sister City Liaison West Valley Solid Waste Joint Powers Association Valley Transportation Authority PAC West Valley Sanitation District West Valley Mayors and Managers Association (Both members are required to attend meetings) City School Ad-Hoc Council Finance Committee Village Ad-Hoc The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 17th day of December, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ________________________________ Ann Sullivan, City Clerk Saratoga City Council Committee/Agency Information Sheet Association of Bay Area Government (ABAG) ABAG is the Regional Planning Agency for the nine County Bay Areas. Executive Board meetings are held quarterly, however a representative appointed by the Santa Clara Cities Association represents Saratoga along with other cities in Santa Clara County. The only meeting a Councilmember may actually need to attend is the annual General Assembly held in Oakland in the spring, date and time to be announced. Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) (Currently on hold) In 2002 the County formed the PAB and by August 2003 it developed and documented consensus on potential expressway improvements of all types. In addition, the Study developed funding requirements, financing scenarios, and recommendations regarding issues such as maintenance support and traffic enforcement. The County of Santa Clara re-established the PAB in October 2007. The PAB will now provide a forum for policy input from elected official for updating the Expressway Study’s Implementation Plan adopted in 2003. Saratoga Chamber of Commerce City Councilmember, City Manager or designee may serve as ex-officio member of the Chamber of Commerce Board. In 2008, meetings have been held the second Thursday of every month at 6:00 p.m. at West Valley College. The Chamber Board may change the time and date of the Board meetings at their annual retreat which will be held sometime in December 2009. Santa Clara County Cities Association Legislative Task Force The Task Force is an advisory body to the Cities Association, which reviews pending state and federal legislation for potential impacts to cities. Occasionally, the Task Force will recommend positions for the Cities Association and individual City Councils to take on specific legislation. The Task Force usually meets five to six times a year on the fourth Thursday of the month at 5:30 p.m. at the Sunnyvale City Hall. Santa Clara County Housing and Community Development (HCD) Council Committee The HCD Council Committee is comprised of local elected officials who review and recommend policies and priorities concerning the County’s Housing & Community Development, and Community Development Block Grant Programs (CDGB) to the County Board of Supervisors. The Committee’s meeting schedule varies, but it generally convenes at 5:30 p.m. six to eight times throughout the year at the offices of the County Housing Authority, 505 West Julian Street, San Jose. Santa Clara County Emergency Council (EPC) The EPC is comprised of City and County representatives who review and prioritize emergency planning efforts at the countywide level. The EPC meets quarterly at the 1 Santa Clara County Sheriff’s Office (EOC) usually on the third Thursday of the month at 12 noon. Hakone Foundation Board According to the Lease Agreement between the City of Saratoga and the Hakone Foundation that was signed on October 18, 2000. According to the agreement, the Mayor will sit on the Executive Committee and the Vice Mayor will sit on the Board. The Board meets third Monday of every month at 12:00 noon. at the Cultural Exchange Center in the gardens. KSAR Community Access CATV Foundation Board One member of the City Council, along with the City Manager, represent the City on the Community Access Television Board. Other Board members include one Trustee from the West Valley-Mission College District Board, one staff member from West Valley College, and three public members who must be Saratoga residents and who are selected jointly by the four City and College Board members. The CATV Board established policies and priorities for the management and operation of the local community access television station, which are then implemented by the Community Access Coordinator. Currently, the Board meets on the second Thursday of every month at 12:00 p.m. at City Hall. Santa Clara County Library System Joint Powers Authority Board Each city, which is a JPA member, along with the County, has a representative on the JPA Board. Board members are elected officials of the JPA member agencies. The Library JPA is the policy making and governing body of the County’s library system, of which Saratoga Community Library is a part. The Library JPA meets six times a year at 1:00 p.m. on Thursdays. Lower Peninsula Valley Flood Control and Watershed Advisory Committee (Originally called Santa Clara Valley Water District North Central Flood Control) The Water District provides flood control activities throughout the county via five flood control zones which fund these activities through benefit-assessments levied against properties within each zone. The City of Saratoga is locates entirely within the North- Central Zone of the District. Each zone is served by an advisory committee of elected and appointed representatives of the cities within the zone. The purpose of the advisory committee is to formulate recommendations on flood control efforts within the zone to the Water District’s Board of Directors. The North-Central FCZ Advisory Committee generally meets four times per year in February, May, September, and November on Wednesdays at 9:30 a.m. at the Santa Clara Valley Water District Headquarters in San Jose. [This Committee was originally called Northern Central Flood Control Zone Advisory Board and has just recently been renamed. The Committee will be voting in January regarding changes to the time, location, etc.] League of California Cities Peninsula Division Saratoga, by virtue of its location, is situated within the peninsula Division of the League of California Cities. The League serves to represent the interests of all California cities 2 by advocating public policy at both the state and national levels. Official League policy is formulated through system of committees, departments and divisions, the latter of which is comprised of elected officials from each city within the division. The Peninsula Division of the League meets on an as-needed basis, generally several times each year, at a location usually within southern San Mateo County. Santa Clara Valley Water Commission Similar to the Flood Control Zone Advisory Committees, the Water District’s Water Commission advises the Water District Board on water supply issues in Santa Clara County. The Commission is mostly made up of elected official who represent the cities within the county, although staff members appointed by their City Councils represent some cities. The Water Commission meets four times per year on Wednesday at 12 noon at the Santa Clara Valley Water District Headquarters in San Jose. Santa Clara County Cities Association (City Selection Committee) The Cities Association serves as a forum for the 15 cities within Santa Clara County to discuss issues of mutual concern. Each city is represented at meetings of the Cities Association by one city councilmember, and meeting are held on the second Thursday of every month at 7:00 p.m. at Sunnyvale City hall. Occasionally, the Cities Association will convene as the City Selection Committee to perform certain statutory obligations relating to the appointment of city representatives to various county and regional bodies such as LAFCO, the Air District Board, etc., however no additional meeting result because of this. Saratoga Area Senior Coordinating Council Liaison Two City representatives (one City Council representative appointed by the Mayor and one City staff member appointed by the City Manager) serve as voting members on the SASCC Board of Directors to maintain open communication and provide oversight to the organization. The Board meets on the third Tuesday of every month at 9:30 at the Senior Center. Saratoga Sister City Committee Liaison One member of the City Council serves as liaison to the Sister City Committee, which meets the second Monday of every month at 7:30 p.m. usually at the Senior Center. The purpose of the Sister City Committee is to plan and carry out programs and activities, which strengthen Saratoga’s relationship with its sister, city, Muko-Shi, in Japan. West Valley Solid Waste Joint Powers Authority This JPA consists of the west valley cities of Campbell, Los Gatos, Monte Sereno, and Saratoga formed a JPA to coordinate efforts in carrying out solid waste collection and disposal activities, and in meeting the mandates of AB939, the States’ Integrated Waste Management Act. Because the four cities have similar demographics and are served by the same solid waste hauler and disposal service, a coordinated approach to solid waste management in the west valley makes good sense. The JPA is served by an Executive Director who is a private consultant under contract and who has considerable expertise in the field of solid waste. 3 4 One of their important functions the JPA performs each year is the establishment of solid waste collection rates within each city. The JPA Board is composed of one councilmember from each of the four member agencies, and is currently meeting on a quarterly basis, dates to be determined, typically starting at 5:00 p.m. at Monte Sereno City Hall. Santa Clara Valley Transportation Authority Policy Advisory Committee The VTA PAC is one of several standing advisory committees to the VTA Board of Directors. Composed of elected official representing the cities through the County, the PAC makes recommendations to the VTA Board on issues of transportation planning and programming. The VTA PAC currently meets on the second Thursday of every month at 4:30 p.m. at the VTA offices on North First Street in San Jose. West Valley Sanitation District The West Valley Sanitation District is governed by a five-member board composed of one councilmember from each of the four west valley cities, and the 4th District County Supervisor. The Board meets on the second and fourth Wednesday of every month at 6:00 p.m. at the District’s Office, 110 E Sunnyoaks Avenue in Campbell. Board members are compensated $100 for each meeting attended. Recycling & Waste Water Reduction Commission of SCC The Recycling and Waste Reduction Commission is the principal advisory body to city councils and the Board of Supervisors on countywide solid waste planning issues and the Countywide Integrated Waste Management Plan. The Commission meets on the 4th Wednesday of the month at 5:30 p.m., 1735 N. First Street, Suite 301. City Council Standing and AdHoc Committees Council Finance Committee City/School Adhoc Committee Village Adhoc Committee SARATOGA CITY COUNCIL MEETING DATE: December 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Resolution Reaffirming Prior City Council Actions to Preserve the Heritage Orchard RECOMMENDED ACTION: Accept report and adopt Resolution reaffirming prior City Council actions which recognized the Heritage Orchard as a valuable asset to the community that should be preserved. OVERVIEW: At its November 19, 2008 meeting, the City Council reviewed actions taken by previous City Councils to preserve the Heritage Orchard including : 1. Adoption of Ordinance HP-3 on August 15, 1984 designating the property known as Central Park as a Historic Landmark. 2. Adoption of Resolution 00-046 on September 6, 2000 resolving “. . .that the Heritage Orchard is herby recognized as a valuable asset to the community that should be maintained for the enjoyment of generations to come”. 3. Adoption of Resolution 00-049 on October 4, 2000, amending Resolution 00-046, by inserting the words “in perpetuity”, thus reading, “that the Heritage Orchard is hereby recognized as a valuable asset to the community that should be maintained in perpetuity for the enjoyment of generations to come”. 4. Approving a “Heritage Orchard Master Plan” on September 5, 2001 to provide “. . .for the renovation of the existing orchard and (setting) out guidelines to control future uses in the interest of minimizing disruption of the existing character or health of the orchard”. 5. Approving Resolution 02-021 on April 3, 2002, amending the Heritage Orchard Master Plan to allow the removal of non-orchard trees. Page 1 of 3 Page 2 of 3 The Council also discussed two additional actions that could be undertaken in order to provide a higher degree of protection by limiting the ability of future City Councils to remove the heritage resource designation or other policy protections described above. These two primary approaches include: 1. Placing an initiative measure on the ballot to have the voters reaffirm and readopt some or all of the Orchard protection policies that have been adopted to date. As a general rule, matters that have been approved by the voters may only be changed by the voters, not by the City Council. 2. Placing a historic preservation easement on the Orchard lands to limit use of the land to purposes specified in the easement for perpetuity. This is a tool recommended by the National Trust for Historic Preservation for significant historic resources. At the conclusion of its discussions, Council directed staff to prepare a Resolution for consideration by the incoming City Council (two newly elected Council members were sworn in on December 2, 2008) to reaffirm prior Council efforts intended to preserve the Heritage Orchard. A proposed resolution is attached for Council consideration and adoption, if desired. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The current protections afforded the Heritage Orchard would remain in place. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution Page 3 of 3 RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REAFFIRMING PRIOR ACTIONS OF THE CITY COUNCIL RECOGNIZING THE HERITAGE ORCHARD AS A VALUABLE ASSET TO THE COMMUNITY THAT SHOULD BE PRESERVED WHEREAS, on August 15, 1984, the City Council of the City of Saratoga adopted Ordinance No. HP-3, designating the property known as Central Park (APN 397-30-53) (aka Heritage Orchard) as a Historic Landmark; and WHEREAS, on October 4, 2000, the City Council of the City of Saratoga adopted Resolution 00-049, recognizing the Heritage Orchard as a valuable asset to the community that should be maintained in perpetuity for the enjoyment of generations to come; and WHEREAS, the current members of the City Council of the City of Saratoga desire to retain the Heritage Orchard as a Historic Landmark and to continue its use as an orchard; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby reaffirms and resolves that the Heritage Orchard is recognized as a valuable asset to the community that should be preserved for the enjoyment of generations to come. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 3rd day of December 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ ______________, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: 2009 Hazardous Vegetation Program Commencement Resolution RECOMMENDED ACTION: Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting Public Hearing. REPORT SUMMARY: The attached resolution represents the first step in Saratoga’s Hazardous Vegetation Abatement Program administered by the Office of the Agricultural Commissioner. The Commissioner has determined that there are parcels that have excessive weed growth in Saratoga. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials. It would be appropriate at this time for the City Council to adopt the resolution setting a public hearing on January 21, 2009 for consideration of a Declaration of Nuisance as to specific properties containing hazardous vegetation . The City Clerk’s Office received a letter from The Santa Clara County Department of Agriculture and Environmental Management Office on November 12, 2008, notifying us that beginning in 2009, the County will charge property owners who have not complied with the minimum fire safety standards at the time of the initial inspection, even though the property owner eventually performs the abatement work. The inspection fee would be $298. The authority for these charges is found in Government Code Section 39573 and California Health and Safety Code Section 14902. A copy of that letter is attached. FISCAL IMPACTS: No fiscal impact to the City of Saratoga if the resolution is adopted. The County of Santa Clara recovers its costs from the administrative portion of the fee charged to property owners. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Prior to actual abatement The property owners of the parcels containing weeds needing abatement are sent three notices informing them that the hazardous vegetation must be abated, either by the owners or by the County. The notices inform the property owner that the County abatement will commence if work is not performed by the property owner; and the first two notices inform the property owner how to present any objections to being in the Abatement Program at two public hearings. The public hearings are noticed in the Saratoga News as well. After the public hearing and Declaration of Nuisance as to specific properties on January 21, 2009, the Council will give notice and consider adopting another resolution, this time ordering the actual abatement on properties whose owners did not object or whose objections the Council overruled. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting Public Hearing Attachment B – November 12, 2008 Letter from Santa Clara County Department of Agriculture and Environmental Management RESOLUTION NO. 08- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING HAZARDOUS VEGETATION (WEEDS) TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING TO CONSIDER DECLARATION AS TO SPECIFIC PROPERTIES ON JANUARY 21, 2009 WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain streets, sidewalks, highway, roads and private property; and WHEREAS, said vegetation attains such growth as to become a fire menace or are otherwise noxious or dangerous; and WHEREAS, said vegetation constitutes a public nuisance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. That whenever weeds are growing upon or along any street, sidewalk, highway, road and private property, such weeds constitute a public nuisance and the City Council may declare the same a public nuisance; 2. That said nuisance exists upon certain streets, sidewalks, highways, roads and private property, within the City of Saratoga and is hereby declared to be a public nuisance; 3. That notice of the Public Hearing described in paragraph 4 below at which the City Council will consider declaring a public nuisance as to specific properties is hereby ordered to be given to the owners of those specific properties identified as containing hazardous vegetation (weeds) by the City’s Enforcement Officer and more particularly described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the office of the County Fire Marshal and/or the County Agricultural Commissioner; 4. That it is ordered that on Wednesday, the 21st day of January, 2009, a Public Hearing will be held during a regular meeting of the Saratoga City Council which will begin at 7:00 p.m. in the Saratoga Civic Theater, 13777 Fruitvale Avenue, hereby fixed as the time and place where objections to the proposed Declaration of Nuisance as to Specific Properties requiring destruction and removal of hazardous vegetation (weeds) shall be heard and given due consideration; 5. That the County Fire Marshal and/or the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner and form provided in Article 15, Chapter 7 of the Saratoga City Code, and as the person to hereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance described above. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 3rd day of December 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor Ann Sullivan, City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Commission Qualifications and Expiring Terms RECOMMENDED ACTION: Accept the staff report and list of Commission qualifications and Commissioner terms that will be expiring in the next calendar year. BACKGROUND: Per Municipal Code 2-12.010(f), “on or before December 31 of each year, the City Clerk shall prepare and the City Council shall adopt a list of all Commissions containing the following information: 1. A list of the qualifications necessary for each Commissioner position; and 2. A list of all Commissioner terms which will expire during the next calendar year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library.” A Commissioner must be a Saratoga resident and a registered voter in the City of Saratoga, with the exception that one member of the Library Commission must be a resident of Monte Sereno and Youth Commissioners are not required to be registered voters. Additionally, each Commission applicant must attend at least one meeting of the Commission he or she is applying to before being interviewed by the City Council. Commissioners may not hold an elected public office and cannot be employed by the City of Saratoga. Below is a list detailing special qualifications for each of the City’s Commissions and terms that will be expiring in the next calendar year. Heritage Preservation Commission Special Qualifications (Municipal Code 13-10.010) - One member to be nominated by the Saratoga Historical Foundation. - Two members must be trained and experienced in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor, or urban planner. Terms Ending this Calendar Year Page 1 of 4 - No terms expire in 2009, however, there are currently two vacant positions. - One open seat for a Saratoga Historical Foundation nominee. - One open seat without special requirements. Library Commission Special Qualifications - One member is nominated by the City of Monte Sereno. Terms Ending this Calendar Year Alice Chou - Appointed October 2004 - Term to end April 2009 - Eligible for reappointment Helen Lemmon - Appointed October 2004 - Term to end April 2009 - Eligible for reappointment Roxanne Nilan - Appointed October 2007 - Term to end April 2009 - Eligible for reappointment - Nominated by the City of Monte Sereno Parks and Recreation Commission Special Qualifications - No special qualifications Terms Ending this Calendar Year Tomas Soukup - Appointed October 2003 - Term ends April 2009 - Eligible for reappointment Vita Bruno - Appointed October 2003 - Term ends April 2009 - Eligible for reappointment Planning Commission Special Qualifications - No special qualifications, however, members must be able to attend regular meetings that are held on the 2nd and 4th Wednesday of the month at 7:00 p.m. in the Civic Theater. Terms Ending this Calendar Year Manny Cappello - Appointed April 2005 - Term ends April 2009 - Eligible for reappointment Rishi Kumar - Appointed March 2007 - Term ends April 2009 - Eligible for reappointment Page 2 of 4 Robert A. Kundtz - Appointed April 2005 - Term ends April 2009 - Eligible for reappointment Traffic Safety Commission Special Qualifications - No special qualifications Terms Ending this Calendar Year - No terms ending this year Youth Commission Special Qualifications - Members must be a resident of Saratoga in grade 7-12 while serving on the Youth Commission. Terms Ending this Calendar Year Sangita Annamalai - Appointed June 2007 - Term ends July 2009 - Eligible for reappointment Jacob Baker - Appointed June 2007 - Term ends July 2009 - Eligible for reappointment Justin El-Diwany - Appointed June 2008 - Term ends July 2009 Sameer Kausar - Appointed June 2007 - Term ends July 2009 - Eligible for reappointment Corey Rateau - Appointed in June 2008 - Term ends July 2009 Kayvon Rezaii - Appointed June 2007 - Term ends July 2009 - Eligible for reappointment Lauren Tang - Appointed June 2007 - Term ends July 2009 - Eligible for reappointment Tiffany Tseng - Appointed in June 2008 - Term ends July 2009 Cynthia Zhao - Appointed in June 2008 - Term ends July 2009 Page 3 of 4 Page 4 of 4 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Nothing additional.