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HomeMy WebLinkAbout02-06-2008 City Council Agenda PacketAGENDA CITY OF SARATOGA CITY COUNCIL SPECIAL MEETING FEBRUARY 6, 2008 OPEN SESSION – 5:15 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:15 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on January 31, 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. 1. Commission Interview for Parks and Recreation Commission Recommended Action: Conduct interview for the Parks and Recreation Commission and continue the interview process? to February 11, 2008. 2. Presentation by Santa Clara County Sheriff’s Office and Santa Clara County Fire Department Recommended Action: Informational only. ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 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, Cathleen Boyer, 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 January 31, 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 31st day of January 2008 at Saratoga, California. Cathleen Boyer, CMC, City Clerk SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Commission Interview for Parks and Recreation Commission RECOMMENDED ACTION: Conduct interview for the Parks and Recreation Commission. REPORT SUMMARY: The following person has been scheduled for interviews: 5:15 p.m. Chad Walsh Parks and Recreation Commission There are three vacancies on the Parks and Recreation Commission. The terms of these positions will expire on October 1, 2011. Interviews will continue on February 11, 2008 at 6:00 p.m. in the Administrative Conference Room. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Parks and Recreation Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Adopt resolution and administer Oaths of Office on February 20, 2008 City Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Application AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, February 06, 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 February 1, 2008) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS SPECIAL PRESENTATIONS Introduction of new PG&E Government Affairs Representative. 1 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1. City Council Minutes -January 15, 2008 Recommended action: Approve minutes. 2. City Council Minutes -January 16, 2008 Recommended action: Approve minutes. 3. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: January 17, 2008 January 24, 2008 4. Authorization for Mayor to Respond to 2006-07 Grand Jury Report Recommended action: Review report and authorize the Mayor to sign the response letter to the 2006-07 Santa Clara County Civil Grand Jury Report “Disaster Preparedness in the County: Improvements Needed” (Attachment “A”). 5. Traffic Safety Commission Meeting Schedule Recommended action: Move to adopt the resolution approving a revised meeting schedule 6. Motor Vehicle (MV) Resolution authorizing No Parking Recommended action: Move to adopt the Motor Vehicle Resolution authorizing “No Parking” on Douglass Lane 7. Amendment to the Agreement with MHA Environmental Consulting for Preparation of the Mitigated Negative Declaration for St. Archangel Michael Serbian Orthodox Church Recommended action: Authorize the City Manager to execute an amendment to the agreement with MHA Environmental Consulting for preparation of the Mitigated Negative Declaration for St. Archangel Michael Serbian Orthodox Church. 2 PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 8. Proposed Neglected property Ordinance Recommended action: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached ordinance and waive the First Reading and direct staff to schedule this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council meeting. OLD BUSINESS 9. Adoption of Proposed Policy Concerning Naming City-owned Land and Facilities Recommended action: Review report and approve adoption of the Policy Concerning naming City-owned Land and Facilities NEW BUSINESS 10. Santa Clara County County Cities Association Policy Priorities for 2008 Recommended action: Accept report, recommended three to five policy priorities proposals for the Santa Clara County Cities Association (SCCCA) 2008 policy priorities, and authorize staff to return suggestions to the SCCCA Board of Directors for their February meeting. 11. Saratoga Historical Park Conceptual Plan Recommended action: 1. Review and approve Saratoga Historical Park Conceptual Plan. 2. Authorize staff to move forward on construction design plans and construction cost estimates. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith Association of Bay Area Government Comprehensive County Expressway Planning Study Advisory Board (PAB) Hakone Foundation Executive Committee Santa Clara County Emergency Council SASCC West Valley Mayors and Mangers Association Sister City Liaison 3 Council Finance Committee Facility Naming Committee Highway 9 Safety AdHoc Prospect Road AdHoc North Campus AdHoc II Vice Mayor Chuck Page Chamber of Commerce Hakone Execute Board West Valley Sanitation District West Valley Solid Waste Joint Powers Association Council Finance Committee North Campus AdHoc Village AdHoc Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc Facility Naming Committee North Campus AdHoc Prospect Road AdHoc Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc North Campus AdHoc II 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 CITY COUNCIL ITEMS OTHER CITY MANAGER’S REPORT 4 ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, 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 February 1, 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 1st day of February at Saratoga, California. Cathleen Boyer, CMC City Clerk Note to public: Please provide the City Clerk with seven (7) copies of any written document that you would like to submit to the City Council in order for it to become become part of the public record. NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 2/1 City Council Retreat @Warner Hutton House 2/6 Regular Meeting – Joint Meeting with Sheriff’s Office and County Fire 2/20 Regular Meeting – Joint Meeting with Supervisor Liz Kniss 3/5 Regular Meeting – Joint Meeting with Saratoga Ministerial Association 3/19 Regular Meeting – Joint Meeting with Planning Commission 4/2 Regular Meeting – Joint meeting with Library Commission and Friends of the Saratoga Libraries 4/16 Regular Meeting – Joint meeting with Youth Commission 5/7 Regular Meeting – Joint meeting with Mt. Winery 5/21 Regular Meeting – Joint Meeting with Traffic Safety Commission 6/4 Regular Meeting – Joint Meeting with Parks and Recreation Commission 6/18 Regular Meeting – Joint Meeting with HOA Presidents 7/2 Regular Meeting – Joint meeting with Heritage Preservation Commission and Historic Foundation 7/16 Regular Meeting – Joint meeting with SASCC 8/6 Regular Meeting – Joint Meeting with Hakone Foundation 8/20 Summer Recess – No Meeting 9/3 Regular Meeting – Joint Meeting with West Valley Board of Trustees 9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School District 10/1 Regular Meeting – Joint Meeting with Montalvo Arts 10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High School District 11/5 Regular Meeting – No Joint Meeting Scheduled 11/19 Regular Meeting – No Joint Meeting Scheduled 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – No Joint Meeting Scheduled 6 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes -January 15, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Study Session – January 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 January 15, 2008 7 1 MINUTES SARATOGA CITY COUNCIL STUDY SESSION JANUARY 15, 2008 Mayor Waltonsmith called the Study Session to order at 7:00 p.m. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King (arrived at 7:05 p.m.), Aileen Kao, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Cathleen Boyer, City Clerk Crystal Morrow, Administrative Analyst Michael Taylor, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 15, 2008 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 15, 2008, was properly posted on January 8, 2007. COMMUNICATIONS FROM PUBLIC No one from the public requested to speak. Mayor Waltonsmith welcomed everyone to tonight’s meeting. Mayor Waltonsmith noted that this was the 5th public meeting the City has held in regards to the North Campus. Mayor Waltonsmith explained that the noticing of tonight’s meeting was sent out to 150 property owners within 500 feet feet of the North Campus, posted twice in the Saratoga News, and posted on the City’s website. Michael Taylor, Recreation Director, explained the purpose of the meeting was to discuss the vision of the North Campus. Director Taylor stated that in November 2007 the City Council formed an adhoc that developed the survey. Director Taylor noted that the survey was designed to be a general method to allow the public to comment on their vision of the North Campus. Director Taylor explained that the survey was posted online and paper copies were available at the Recreation Center and City Hall. Director Taylor briefly highlighted the results of the survey stating that the City received 490 online surveys and 14 paper surveys. Director Taylor noted that there were 13 pages of comments that were added to various questions on website. Dave Anderson, City Manager, announced that the next step would be a facilitated discussion about potential uses for the North Campus and methods to finance suggested ideas. 8 2 The following are comments received from members of the audience: Speaker 1 • A lot of seniors do not have computers, they could not respond to the survey • Parking at the current senior center is a mess • North Campus is a good place for a senior center • Build a recreation hall that would generate funds • Sanctuary should be renovated • User and rental fees Speaker 2 • Do not want high impact use in his neighborhood • Do not support child care center or a gymnasium • Create task force to do a survey/study • Gymnasium is not a good fit • Would not support steel or modular buildings • Preserve the Sanctuary for an art/music center • Would support a $50 parcel tax per year Speaker 3 • Do not support parcel tax • Would like to see a museum/music center • Most people around the North Campus are elderly • City should sell the property if it can not afford to fix • City’s responsibility to find the money Speaker 4 • Thanked Council for holding the meeting • Felt the survey was totally unscientific – should not not use the data for anything because it has too many variables that have not been considered • Would like to see designated open space at the North Campus • Volunteered to be on a task force Speaker 5 • Interested in the staff – has the staff completed the survey? • How can we make this site work for city programs • If the City has the funding would like to see a first class gymnasium built • If we do not have the money keep the Sanctuary for arts/theater and have it operated by a nonprofit group • Keep the buildings in the back – shut down ones in front and just wait • Suggested a bond, parcel tax , or joint public/private venture Speaker 6 • Great opportunity to partner with YMCA on child care, recreation center, or gym • Would like to see a scientific survey that is more accurate on what the residents want Speaker 7 • If the North Campus is going to have a lot of use, the City must realize and take into account that it is in a residential community 9 3 • Supports low impact uses such as a museum, cultural event center, or a multipurpose room • Suggested user fees – total cost recovery • City should slow the process down Speaker 8 • 30,0000 people in Saratoga – City can not make a decision on a survey which was only completed by 400 people • Decision should not be made based on specific groups • Would support a senior center or multi-purpose room • Keep structure as it is right now – low impact • Residents voted to keep the property – City Council has to decide where to find the funds Speaker 9 • Do not support private use • Prefer a public/private venture with user fees/rentals • Probably would have to do a parcel tax Speaker 10 • 1/3 of population are senior citizens • Senior Center should be a priority • Suggested a parcel tax Speaker 11 • Kick off fundraising efforts using a one time parcel tax • Suggested user fees and rentals • Support multi purpose room Speaker 12 • Show case the valley history and hold art events at the North Campus • Site is a link to Cupertino, Campbell, and San Jose • Remove classrooms for parking • In the spirit that it was sold to the City by the Church – the City should still utilize the back two buildings • Would support music, performance arts, and a museum for Saratoga artists only • Suggested that overflow senior activity use the back buildings • Suggested a foundation (like Hakone) to run the North Campus Speaker 13 • Agree with previous speaker’s comments • Suggested asking for donations Speaker 14 • Heard a lot of good ideas this evening • Changing demographics in the valley makes a cultural arts center more attractive, it would bring people together • Low impact use so that the traffic would be spread out through the day • Support arts and cultural ideas • Would not support gym 10 4 • Concerned about the survey • Anyone who uses facility should pay • Would support a parcel tax Speaker 15 • Is a member of the church who sold the property to the City of Saratoga • Would support a multi-purpose room and/or a cultural center • Suggested donations from corporations and individuals Speaker 16 • Would support a multi-purpose center • The City needs a youth center • Would support activities such as music, crafts, sewing, and sports • User Fees • Suggested applying for grants Speaker 17 • Survey is ok – gives us an idea on how people are thinking • Take out a loan and pay back with user fees • Would like to see Recreation Department move to the North Campus • Would like a dance floor installed • Would support the idea of a gym for sports and music groups Speaker 18 • Keep the North Campus for the community • Would support a senior center, multi cultural center (arts & music), or a small multi-purpose room • Would not support a gym • Parcel tax • Do a study on how much the City could charge and how much it would cost the City to renovate Speaker 19 • Would like to see the Sanctuary renovated • Would support an art center, music center, or senior center • User fees and parcel tax Speaker 20 • Reiterated the fact that it is in a quiet neighborhood • Uses can not generate a huge amount of traffic • Would support a multi purpose cultural center • User fees Speaker 21 • Teens need a place • We already have a senior center • Look at the library for model for funding • If area can not support a gym – look for another type of building • Suggested a bond measure 11 5 Speaker 22 • Make the Sanctuary more attractive Speaker 23 • Sited the survey the City conducted in December 2005 by Fairbank, Maslin, Maulin and Associates which sited what residents are willing to pay for City Manager Anderson noted that it was now time to prioritize the suggested uses for the North Campus. City Manager Anderson stated that everyone would receive two green dots and instructed everyone to place their dots on the uses they support. Attendees placed their dots on uses and funding mechanisms Director Taylor summarized the results as follows: Top Ranking Multi purpose/cultural center –14 Renovate Sanctuary for performance arts – 12 Senior center – 5 Youth center – 4 Teen Center –1 Funding Mechanism Combo user fees/parcel tax –18 User fees/rentals –11 Public/private venture – 6 Parcel tax –1 Library model –1 Foundation –1 Fundraising – 1 Mayor Waltonsmith closed the public process and invited Council discussion Councilmember Hunter • Thanked everyone for attending the meeting • Suggested finding a local architect to look at the sanctuary and tell us how much it would cost to renovate it • In regards to the Sanctuary, she believes it would qualify for historic recognition (at least 50 years old) • Install tempered glass in the Sanctuary to make it more safe Vice Mayor Page • Asked staff to provide him with the existing structural analysis of all the buildings • Would like to digest all of this information before we move forward • Stated that every facility or park the City owns is in a neighborhood • We have neighborhoods in all commercial areas of the City of Saratoga • Find a way to address traffic concerns • Thanked the public for their input 12 6 Councilmember Kao • Appreciates all the public input tonight • The residents voted to keep this property • North Campus should be a place the whole community can enjoy • Make it a place that generations will enjoy • Collect good info to make good use of this property Councilmember King • Stated that she has done a lot of fundraising and noted that it is not easy • Four years ago the Council participated in a similar visioning exercise and came up with the UUT tax, which lost by 80% • Could do a bond which takes a 2/3 vote to pass • Noted that 21% of the people who completed the survey were willing to donate money • Noted that we live in one of the richest communities in the United States • Do not see anyone coming forward to donate money to North Campus • User fees do not work – need initial capital • User fees do not pay for buildings and utilities • Stated that the Sanctuary is not safe Consensus of the City Council to direct staff to do the following: • Hire an architect to look at the Sanctuary and provide an estimate on structural renovation costs and costs of other suggested uses. • Provide Council with a report on the cost of borrowing funds • Agendize item for future City Council meeting Consensus of the City Council to appoint Mayor Waltonsmith and Councilmember Hunter on a second North Camus AdHoc Committee to solicit donations. ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the meeting 9:25 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 13 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes -January 16, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – January 16, 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 January 16, 2008 14 MINUTES SARATOGA CITY COUNCIL JANUARY 16, 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, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 16, 2008 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 16, 2008, was properly posted on January 11, 2008. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Citizen Ray pointed out that the Town of Los Gatos has a measure on the February 5th ballot, Measure D. Citizen Ray explained that Measure D would decide whether a skateboard park would be built. Bill Ford thanked the City Council for holding the North Campus Study Session last night. Mr. Ford expressed his concern regarding the survey. Mr. Ford noted that 58% of the people that responded were between 35-50 years old. Mr. Ford pointed out that a large number of Saratoga citizens were excluded. Mr. Ford stated that if the Sanctuary were to be retrofitted it could be an asset to the City. Lillian Benson expressed her concern in regards to the large bump in the road near Blaney Park. Ms. Benson requested that the City install a sign that would read “Bump Ahead”. COUNCIL DIRECTION TO STAFF In regards to Ms. Benson’s comments, Councilmember Hunter pointed out that Caltrans owned the road. Councilmember Hunter requested that staff investigate the situation and try to find a possible solution. 15 City Council Minutes 2 January 16, 2008 COMMUNICATIONS FROM BOARDS AND COMMISSIONS Peter Marra noted that he was the Vice Chair of the Heritage Preservation Commission. Mr. Marra announced that the 7th Annual Mustard Faire would take place on Sunday, February 10, 2008. Nancy Anderson pointed out some of the activities and program that would take place at the Mustard Faire. ANNOUNCEMENTS Vice Mayor Page announced that the Annual Clean Up has started again. Vice Mayor Page noted that property owners would receive a notice from WVC&R a few weeks prior to the pick up. In regards to the “LED Christmas Light Contest”, Mayor Waltonsmith announced that the City of Monte Sereno won. Mayor Waltonsmith noted that in a recent survey in the US News and World Report Saratoga High School was ranked 72nd out of 100 top schools. Mayor Waltonsmith announced that the next Green Leaf Committee meeting would be on February 21, 2008 at 7:00 p.m. in Monte Sereno. Councilmember Hunter announced that on January 17, 2008 a community community dinner would be held at Luprettas. CEREMONIAL ITEMS 1. PROCLAMATION DECLARING THE MONTH OF JANUARY 2008 AS “NATIONAL BLOOD DONOR MONTH” STAFF RECOMMENDATION: Present proclamation. Mayor Waltonsmith read the proclamation and presented it to Mona Helmhold, American Red Cross Donor Recruiter. 2. COMMENDATION HONORING WARREN B. HEID STAFF RECOMMENDATION: Present commendation. The following people requested to speak on this item. Chuck Schoppe read a brief history of Mr. Heid’s career and community involvement. 16 City Council Minutes 3 January 16, 2008 April Halberstadt stated that Mr. Heid has also contributed in other communities. Ms. Halberstadt also noted that some of Mr. Heid’s buildings have been recognized as historic landmarks. Mayor Waltonsmith read the commendation and presented it to Warren Heid. SPECIAL PRESENTATIONS 3. ARTSOPOLIS -SILICON VALLEY ENTERTAINMENT STAFF RECOMMENDATION: Informational only. Bruce Davis and Roland Valliere provided a brief presentation on Artsopolis. CONSENT CALENDAR 4. CITY COUNCIL MINUTES -DECEMBER 19, 2007 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Page requested that this item be removed from the Consent Calendar. Vice Mayor Page stated that he submitted two minor changes to the City Clerk prior to the meeting. PAGE/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES OF DECEMBER 19, 2007. MOTION PASSED 5-0. 5. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: Accept the Check Registers for the following Accounts Payable payment cycles: December 12, 2007, December 20, 2007, January 10, 2008 KING/HUNTER MOVED TO ACCEPT CHECK REGISTERS FOR DECEMBER 12, 2007, DECEMBER 20, 2007, JANUARY 10, 2008. MOTION PASSED 5-0. 6. REQUEST FOR FUNDS -7TH ANNUAL MUSTARD FAIRE STAFF RECOMMENDATION: Accept report and adopt budget resolution. RESOLUTION: 08-001 17 City Council Minutes 4 January 16, 2008 KING/HUNTER MOVED TO ADOPT RESOLUTION APPROVING BUDGET ADJUSTMENT TO THE 2007-08 BUDGET AND AUTHORIZING THE EXPENDITURE OF $1,000 FOR THE 7TH ANNUAL MUSTARD FAIRE TO BE FUNDED BY A REDUCTION IN THE CITY COUNCIL CONTINGENCY BUDGET OF $1,000; FUNDS TO BE USED TO UPDATE TWO BANNERS. MOTION PASSED 5-0. 7. SUMMARY VACATION OF EASEMENT FOR LIGHT AND AIR AT 14875 BARANGA LANE STAFF RECOMMENDATION: Move to adopt the resolution vacating the easement for light and air on Lot 2 of Tract 1206 RESOLUTION: 08-002 KING/HUNTER MOVE TO ADOPT THE RESOLUTION VACATING THE EASEMENT FOR LIGHT AND AIR ON LOT 2 OF TRACT 1206. MOTION PASSED 5-0. 8. APPROVAL OF SPORT USER AGREEMENTS STAFF RECOMMENDATION: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks and Prospect High School for organized sport use and authorize the City Manager to execute the same. Councilmember Kao requested that this item be removed from the Consent Calendar. Councilmember Kao thanked Councilmember King and Director Cherbone for working with the various user groups. Councilmember Hunter asked if the fees reflect the increase in City employee salaries. Director Cherbone responded that every two years staff updates the fees to reflect salary increases and the off years the fees reflect the increase in material costs. KAO/KING MOVED TO APPROVE SPORT USER AGREEMENTS WITH AMERICAN YOUTH SOCCER ORGANIZATION, SARATOGA LITTLE LEAGUE, QUITO LITTLE LEAGUE, DE ANZA YOUTH SOCCER LEAGUE, WEST VALLEY LACROSSE CLUB, WEST VALLEY YOUTH SOCCER LEAGUE, AND SARATOGA PONY LEAGUE FOR THE USE OF SARATOGA CITY PARKS AND PROSPECT HIGH SCHOOL FOR ORGANIZED SPORT USE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0. 18 City Council Minutes 5 January 16, 2008 PUBLIC HEARINGS 9. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. RESOLUTION: 08-003 Cathleen Boyer, City Clerk, presented staff report. Mayor Waltonsmith opened the public hearing and invited public comments. The following person requested to speak on this item: Kurt McKenzie noted that he was the trustee of his late mother’s estate. Mr. McKenzie stated that as soon as he received the notice from the County he abated the weeds. Mr. McKenzie pointed out that the resolution stated that three notices were sent, but he only received two. Mayor Waltonsmith closed the public hearing. Councilmember King requested that the resolution be amended to indicate the number of notices sent to residents who are not in compliance. Ray Moreno, County Inspector, explained the noticing process used by the County. KING/PAGE MOVED TO ADOPT AMENDED RESOLUTION ORDERING THE ABATEMENT ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS 10. DELEGATION TO CITY MANAGER OF AUTHORITY TO AWARD CONTRACTS PURSUANT TO INFORMAL BIDDING UNDER ARTICLE 12-15 OF THE SARATOGA MUNICIPAL CODE STAFF RECOMMENDATION: Approve the attached resolution authorizing the City Manager to approve and execute contracts for public works projects bid pursuant to the City’s informal bidding procedures and the State of California’s Public Contract Code. RESOLUTION: 08-004 Richard Taylor, City Attorney, presented staff report. 19 City Council Minutes 6 January 16, 2008 Consensus of the City Council to direct staff to provide a quarterly report in the Weekly Newsletter on the projects awarded using the new procedure. PAGE/HUNTER MOVED TO ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE CONTRACTS FOR PUBLIC WORKS PROJECTS BID PURSUANT TO THE CITY’S INFORMAL BIDDING PROCEDURES AND THE STATE OF CALIFORNIA’S PUBLIC CONTRACT CODE. MOTION PASSED 5-0. 11. REQUEST TO AUGMENT THE COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM STAFF RECOMMENDATION: Accept report and adopt budget resolution augmenting the Household Hazardous Waste Program for the remainder of FY 07-08. RESOLUTION: 08-005 Cathleen Boyer, City Clerk, presented staff report. KING/PAGE MOVED TO ADOPT BUDGET RESOLUTION AUGMENTING THE HOUSEHOLD HAZARDOUS WASTE PROGRAM FOR THE REMAINDER OF FY 07-08. MOTION PASSED 5-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Waltonsmith reported the following information: SASCC – attended their weekly luncheon, the speaker addressed Alzheimer’s disease. Susan Huff was hired as their new director. Vice Mayor Page reported the following information: Council Finance Committee – Committee members are receiving training on the fund accounting process and other programs used by the City. Councilmember King reported the following information: Santa Clara County Cities Association – although Dean Chu was not reelected in Cupertino, he will continue to serve on the MTC because the bylaws do not address that scenario. City of Morgan Hill Councilmember was appointed to LAFCO. The City of Saratoga has an opportunity to submit a list of priorities to the Cities Association for the upcoming year. Councilmember King requested that this item be agendized at the next City Council meeting. Facility Naming Committee – proposed policy has been scheduled for the next City Council agenda. North Campus AdHoc – met this afternoon, MOU is almost completed. Councilmember Hunter reported the following information: Historic Foundation – noted that she is is on the Membership Committee. The current membership is at 180, their goal this year is to reach 300. KSAR – considering moving to KNTV in Mountain View. Discussion was tabled to February 13th. 20 City Council Minutes 7 January 16, 2008 Santa Clara County Valley Water Commission – noted that she would be out of town next Wednesday and requested that the Council alternate attend. Chamber of Commerce – attended the meeting for Vice Mayor Page. Board voted to hold Celebrate Saratoga during the day. Councilmember Kao had no reportable information. Director Cherbone provided an update on the Prospect Road Adhoc. Director Cherbone explained that at the end of last year the City held a meeting to gather input from the public. Director Cherbone noted he received the first draft of the Prospect Road median. Director Cherbone noted that another public meeting would be scheduled in February. CITY COUNCIL ITEMS Councilmember King inquired as to when the prototype newsracks would be installed in the Village. Director Cherbone responded that the metal rack has been ordered. In regards to the wood encasement, Director Cherbone noted that he would be meeting with the contractor that would be building it. Director Cherbone stated that the installation of both types should be completed by the end of February. CITY MANAGER’S REPORT City Manager Anderson reported that he would be out of state from January 19 -January 21, 2008. City Manager Anderson stated that Assistant City Manager Powell would be Acting City Manager. ADJOURNMENT PAGE/KING MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0. There being no further business Mayor Waltonsmith adjourned the regular meeting at 8:50 P.M. Respectfully submitted, Cathleen Boyer, CMC City Clerk 21 AGENDA ITEM: CITY MANAGER: Dave Anderson Karen Caselli DIRECTOR: Mary Furey RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: January 17, 2008 January 24, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 01/17/08 106918 106953 36 $64,362.88 01/17/08 01/10/08 106917 01/24/08 106954 107009 56 $147,597.08 01/24/08 01/17/08 106953 Total $211,959.96 AP Date Check No. Issued to Dept. Amount 01/17/08 106944 Various $23,455.58 01/24/08 106957 Internal Service $47,452.78 01/24/08 106966 Public Works $12,043.98 01/24/08 106973 Various $12,352.64 01/24/08 106983 General Gov. Serv. $11,736.00 01/24/08 106992 Various $11,604.17 The following is a list of Accounts Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 1/10/08 106833 (162.38) 1/10/08 106874 (114.71) PREPARED BY: Amount Purpose M. Labossiere Expense Reimbursement SARATOGA CITY COUNCIL Various Finance & Administrative Services Accounts Payable Checks Released Traffic Light/Signal Maintenance February 6, 2008 Starting Check No. Republic ITS Purpose MEETING DATE: Date Association of Bay Area Government DEPARTMENT: The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: Fund Type of Checks Prior Check Register Ending Check No. Total Checks SUBJECT: Review of Accounts Payable Check Registers. Gachina Landscape Management Various Landscape Services Cotton, Shires and Associates General Fund Professional Services -Various Applicants Quarterly Workers' Workers Compensation Compensation Premium Accounts Payable League of California Cities General Fund Membership Dues -2008 Pacific Gas & Electric Various Monthly Gas & Electric Services Ace Fire Company Emergency Srv/Supplies 22 C:\DOCUME~1\cboyer\LOC LS~1\Temp\Staff Report The following is a list of cash reduction by fund: Fund # AP 1/17 AP 1/24 Total 001 General 31,716.09 65,063.54 96,779.63 201 Manor Drive Landscape 4 7.78 47.78 202 Ferdericksburg Landscape 1 64.80 164.80 203 Greenbriar Landscape -204 Quito Lighting 1 ,179.09 1,179.09 205 Azule Lighting 2 57.25 257.25 206 Sarahills Lighting 3 76.28 376.28 207 Village Lighting 2 ,422.00 7 91.17 3,213.17 209 McCartysville Landscape 1 5.96 15.96 210 Tricia Woods Landscape 4 5.17 45.17 211 Arroyo de Saratoga Landscape -212 Leutar Court Landscape -215 Bonnet Way Landscape -216 Beauchamps Landscape 3 8.18 38.18 217 Sunland Park Landscape 1 43.81 143.81 222 Prides Crossing Landscape 3 1.80 31.80 224 Village Commercial Landscape 2 ,474.37 2,474.37 225 Saratoga Legends Landscape 2 52.43 252.43 226 Bellgrove Landscape 3 43.90 343.90 227 Cunningham/Glasgow Landscp 1 28.08 128.08 228 Kerwin Ranch Landscape 2 32.66 232.66 229 Tollgate LLD 2 2.47 22.47 231 Horseshoe Landscape/Lighting 1 18.41 118.41 232 Gateway Landscape 5 05.39 505.39 233 Carnelian Glen 4 7.28 47.28 250 Dev Svc -270 CDBG Administration -271 Saratoga Housing & Rehab.Prg. -400 Library Bond Debt Service -501 Equipment Replacement ISF -502 Information Technology -503 Facility Improvement 5 ,218.46 6 ,804.50 12,022.96 504 Facilities 2 ,641.16 1 ,099.30 3,740.46 505 Information Technology 5 ,488.95 5,488.95 506 Office Stores Fund -510 Liability/Risk Mgt 13,395.00 13,395.00 511 Workers' Comp 47,452.78 47,452.78 701 Traffic Safety -702 Highway 9 Safety -704 -706 Sidewalk Annual Project -708 4 50.00 450.00 716 Highway 9/Oak Pedestrain -720 KSAR/CATV Agency Fund -724 Village Newsrack Enclosures -726 2 Solar Radar Feedbacks -727 El Quito Area Curb Replacement -731 Storm Drain Upgrades -Fund Description Annual Street Resurfacing Saratoga Sunnyvale PH 2 23 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report The following is a list of cash reduction by fund: (cont.) Fund # AP 1/17 AP 1/24 Total 732 Median Landscape/Irrigation 1 ,383.45 1,383.45 734 Civic Center Landscape 10,299.00 10,299.00 735 Village Lights (Zone 7A) -736 Village Trees Lighting -738 Cox Ave Railroad Crossing -739 3 ,666.25 1 ,111.80 4,778.05 744 Village Sidewalk, Curb/Gutter -746 Saratoga-Sunnyvale Gateway -747 -748 El Ca Grante/Monta Vista -749 Sara-Sun Gateway Sidewalk -752 -755 Warner Hutton House Improv. -762 North Campus/19848 Prospect 3 ,795.92 3,795.92 766 Historical Park Fire Alarm -780 -783 -785 -789 -790 1 ,035.53 1,035.53 791 7 79.95 779.95 792 Alternative Soccer Field -793 -795 9 20.00 920.00 796 -797 San Marcos OP Space Trail -64,362.88 147,597.08 211,959.96 ---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 Teerlink Ranch Trail Repair Carnelian Glen Footbridge UPRR/De Anza Trail Citywide Tree Replanting Fund Description Wildwood Park -Wtr/Seat Kevin Moran TOTAL Sara-Sun ADA Curb Ramps Trail Segment #3 Repair Beauchamp Park Fund Parks/Trails Repair Document Imaging Project Prospect Road Medians 24 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report 25 26 27 28 29 30 31 32 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: _____________ ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DEPT HEAD: Dave Anderson Assistant City Manager _________________________________________________________________________________ SUBJECT: Authorization for Mayor to Respond to 2006-07 Grand Jury Report RECOMMENDED ACTION: Review report and authorize the Mayor to sign the response letter to the 2006-07 Santa Clara County Civil Grand Jury Report “Disaster Preparedness in the County: Improvements Needed” (Attachment “A”). REPORT SUMMARY: The 2006-07 Grand Jury interviewed the Directors of Emergency Services for the County and five cities within the County concerning three areas of emergency preparedness. As a consequence of these interviews, the Grand Jury compiled six findings and developed six recommendations. A copy of the report was sent to the City in May 2007; however, it was inadvertently misplaced. Mayor Waltonsmith recently received a copy of the report, reminding the City of the requirement to respond to the report findings and recommendations. Since Saratoga was not one of the jurisdictions interviewed for the report, the City was only required to review one finding (F6) and one recommendation (R6) and state whether we agreed in full, or, if we disagreed, to provide an explanation. RECOMMENDATION After review, City staff is in agreement with finding F6 and recommendation R6, and recommends that the City Council authorize the Mayor to sign the attached response letter to the Grand Jury (Attachment “B”). FISCAL IMPACTS: N/A 33 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): The City must respond to the Grand Jury report or the matter will be referred to the Presiding Judge of the Santa Clara County Superior Court for appropriate action. ALTERNATIVE ACTION (S): The Council may direct Staff to edit the response letter as a condition of authorizing the Mayor to sign the letter. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda according to the Brown Act. ATTACHMENTS: Attachment “A”: Grand Jury Report Attachment “B”: Response Letter 34 35 36 37 38 39 40 41 42 43 44 45 January 22, 2008 Honorable Catherine A. Gallagher, Presiding Judge Santa Clara County Superior Court 191 North First Street San Jose, CA 95113 Re: 2006-2007 Santa Clara County Civil Grand Jury Report “Disaster Preparedness in the County: Improvements Needed” Dear Judge Gallagher, Thank you for this opportunity to respond to the 2006-2007 Grand Jury Report concerning Disaster Preparedness in Santa Clara County. We apologize for our lateness in responding. The City of Saratoga was not one of the five city operations reviewed as a basis for the report. However, after reviewing the findings of the Grand Jury, we are in agreement with the applicable finding of the Grand Jury. We are also in agreement with the recommendations made by the Grand Jury pertaining to enhancing Disaster Preparedness. We will take the Grand Jury’s recommendations into account in future improvements to the City’s Disaster Preparedness planning and operations. If you have any questions, or require additional information, please contact Barbara Powell, Assistant City Manager at your convenience. Ms. Powell can be reached at (408) 868-1215 or at bpowell@saratoga.ca.us. Sincerely, Ann Waltonsmith Mayor 46 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Traffic Safety Commission Meeting Schedule RECOMMENDED ACTIONS: Move to adopt the resolution approving a revised meeting schedule. REPORT SUMMARY: Background: On February 16, 2005, staff presented a report to Council that outlined preliminary budget concerns for 2005-06 and asked for direction regarding possible modification of staff support to Saratoga’s Commissions. As a result the Public Safety Commission was renamed the Traffic Safety Commission (TSC) and was directed to focus only on traffic issues. The meeting schedule was reduced from monthly meetings to quarterly meetings. The TSC had been meeting quarterly since May 2005 and in January 2007, the TSC increased their meeting frequency to every other month. Discussion: The number of traffic concerns brought before the Commission has increased and meeting times are extended well beyond the recommended two hour limit. To help alleviate long meetings and promote the resolution of traffic concerns in a timely and thorough manner, the TSC is requesting to change the schedule to meet every month. To approve the new meeting schedule the City Council must approve the attached resolution. FISCAL IMPACTS: Additional staff time would be required to facilitate the new meeting schedule. $5000 per fiscal year would be needed to cover the cost of the Traffic Engineer to attend the added meetings. The Public Works operating budget would be able to absorb the cost for the remainder of this fiscal year. Page 1 of 2 47 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The TSC would continue to meet every other month ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Notify the Traffic Safety Commission and update the website. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution No. 05-032, Resolution No. 06-020 and Resolution No. 07-004 2. New Resolution 48 49 50 51 52 53 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE TRAFFIC SAFETY COMMISSION TO AMEND ITS MEETING SCHEDULE FROM EVERY OTHER MONTH TO MONTHLY WHEREAS, the Traffic Safety Commissions mission is to investigate, review and analyze issues and make recommendations to the City Council and City staff regarding traffic safety; and WHEREAS, the Traffic Safety Commission shall work to increase awareness of, and attention to, the traffic safety needs of the Community and the City on services, needs and programs; and WHEREAS, the Traffic Safety Commission will increase its meeting frequency from every other month to monthly meetings: and WHEREAS, all other aspects of Resolution 05-032, Resolution 06-020 and Resolution 07-004 shall continue until otherwise directed by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby amends the Saratoga Traffic Safety Commission’s meeting schedule. PASSED AND ADOPTED by the Saratoga City Council, State of California, on the 6th day of February, 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk 54 SARATOGA CITY COUNCIL MEETING DATE: February 6, 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 RECOMMENDED ACTIONS: Move to adopt the Motor Vehicle Resolution authorizing “No Parking” on Douglass Lane REPORT SUMMARY: The City received a request from a resident to restrict parking at the corner of Douglass Lane at Fruitvale Avenue. Cars turning right onto Douglass from southbound Fruitvale Avenue have poor visibility and little room to navigate around cars parked at or near the corner. This is a popular parking area on weekends and evenings for residents using the tennis courts and the running track. Currently there is a parking restriction in this area from 8:00 am -3:00 pm Monday through Friday. The request is to prohibit parking in this area at all times. This item was brought before the Traffic Safety Commission at the December 13, 2007 meeting. It was reviewed by the Traffic Engineer and recommended by the Commission that parking be restricted for 85 feet due to the lack of visibility and potential safety hazard. It is therefore recommended that parking along this section of Douglass Lane be designated as “No Parking Anytime”. In order to enforce the new parking restriction on Douglass Lane, 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 Resolutions would not be adopted and traffic conditions would continue as is. Page 1 of 2 55 Page 2 of 2 ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The signs will be posted and the Sheriff’s Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Staff met with the adjacent property owner notifying them of the proposed parking restriction. ATTACHMENTS: 1. Motor Vehicle Resolution 2. Map 56 RESOLUTION NO. MV-______ RESOLUTION RESTRICTING PARKING ON DOUGLASS LANE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following parking restrictions shall be designated on Douglass Lane: NAME OF STREET DESCRIPTION RESTRICTION Douglass Lane Restriction on the northwest side of No Parking Anytime Douglass Lane starting at Fruitvale Avenue and continuing west for 85 feet. This resolution shall become effective at such time as the signs and/or markings 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 6th day of February, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Cathleen Boyer, City Clerk 57 Douglass Lane Parking Restriction N Douglass Lane Fruitvale Avenue 0 25 50 100 150 200Feet Proposed Parking Restriction 58 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: PREPARED BY: Christopher Alan Riordan, AICP DEPT HEAD: _ John F. Livingstone SUBJECT: Amendment to the Agreement with MHA Environmental Consulting for Preparation of the Mitigated Negative Declaration for St. Archangel Michael Serbian Orthodox Church RECOMMENDED ACTIONS: Authorize the City Manager to execute an amendment to the agreement with MHA Environmental Consulting for preparation of the Mitigated Negative Declaration for St. Archangel Michael Serbian Orthodox Church. REPORT SUMMARY: On December 21, 2006, the City approved a contract with MHA Environmental Consulting (Consultant) in the amount of $19,108.00 for preparation of an Initial Study/Mitigated Negative Declaration (Report) for the proposed Saint Archangel Michael Serbian Orthodox Church at 18870 Allendale Avenue. Originally it had been anticipated by MHA Consulting that it would take nine weeks to complete the Report. However, its preparation was delayed and additional costs were incurred by unexpected circumstances as outlined in the Consultant’s Budget Change Order Request (Attachment 1). The result of these additional costs to the Consultant is that the original budget amount has been expended. The Consultant has submitted an Administrative Draft of the Report to staff for review. Staff has reviewed this document and submitted comments to the Consultant. The Consultant is requesting an additional $11,697.00 to complete their work which will include incorporating staff’s recommended edits, preparing the Administrative Final Report, preparing responses to public comments after the public review period has expired, as well as attending meetings with staff, Planning Commission, and the City Council. Staff is expecting a high level of citizen participation and comment during the public review period of the Report and during the Planning Commission’s review of the Design Review application for the new church building. Conceivably the consultant could spend additional time responding to the public comments and attending additional public meetings than anticipated. This could add to the scope and budget of this amendment to the agreement. Given this possible scenario, and to reduce the likelihood of returning to City Council with yet another amendment request, Staff is adding a 59 2 $5,000 contingency fund to the consultants Budget Change Order Request for a total budget amendment amount of $16,697.00. FISCAL IMPACTS: The Consultant’s cost to complete the Report will be entirely paid for by the project applicant, St. Archangel Michael Serbian Orthodox Church. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Without a completed Initial Study/Mitigated Negative Declaration the City will be unable to complete the Design Review process of the Church’s application for a new church building for the St. Archangel Michael Serbian Orthodox Church. ALTERNATIVE ACTIONS: None. FOLLOW UP ACTIONS: Execute the agreement amendment. ADVERTISING, NOTICING AND PUBLIC CONTACT: The agenda for this meeting was properly posted. ATTACHMENTS: 1. Consultant’s Budget Change Order Request 2. Agreement Amendment 3. Resolution Authorizing Approval of Amendment 60 61 62 63 64 65 CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and MHA Environmental Consulting, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated December 21, 2006 (“Original Agreement”); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the term and total payment amount by entering into this Amendment to the Original Agreement. NOW THEREFORE, the parties hereto agree as follows: 1. Amended Term. The term of the Agreement commenced on December 21, 2006 and will extend through November 7, 2008 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. 2. Amended Payment Terms. The payment terms included in Exhibit B to the Original Agreement are hereby replaced in their entirety with the payment terms attached as Exhibit B-1 to this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga Contractor By: _____________________ Dave Anderson, City Manager _______ Date By: ___________________ Dain Anderson, Director of Environmental Services _____ Date Attest: _____________________ Cathleen Boyer, City Clerk ________ Date Approved as to Form: _________________________ Richard S. Taylor, City Attorney ________ Date Approved as to budget authority _______________________ Mary Furey Administrative Services Director ________ Date Attachments Exhibit B-1 --Contract Payment and Reporting Schedule 66 EXHIBIT B-1 PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of thirty five thousand eight hundred five dollars ($35,805) 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. The Contractor shall bill the City at a maximum hourly rate of $165.00, after receiving written authorization from the City to perform services in the scope of work as defined in Exhibit A. 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 amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 67 RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE INDEPENDENT CONTRACTOR AGREEMENT WITH MHA ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES WHEREAS, on December 21, 2006, the City of Saratoga City Council approved an Agreement for environmental consulting services with contractor MHA Environmental Consulting; WHEREAS, the Agreement authorized preparation of a Mitigated Negative Declaration for St. Archangel Michael Serbian Orthodox Church paid for by the Project Applicant; WHEREAS, due to extenuating circumstances, delays were caused in completion of the project resulting in additional costs associated with the project, to be borne by the Applicant, and a longer timeframe for completion; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to amend the Independent Contractor Agreement with MHA Environmental Consulting, authorizing an increase in the total compensation for environmental consulting services from $$19,108 to $35,805, and an extension of the Agreement Term through November 7, 2008. AND BE IT FURTHER RESOLVED, that the City Manager is authorized to approve the Amendment to the Agreement with MHA Environmental Consulting. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of February 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: _____________________________ Cathleen Boyer, City Clerk Page 1 of 1 68 1 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Proposed Neglected property Ordinance RECOMMENDED ACTION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached ordinance and waive the First Reading and direct staff to schedule this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council meeting. REPORT SUMMARY: At its April 18, 2007 meeting the City Council directed staff to seek the Planning Commission’s recommendations regarding an ordinance that would require property owners to keep their property free of conditions typically associated with neglected properties. The City Code currently prohibits nuisances that create clear risks to public health and safety or that violate specific provisions of the Code. The attached ordinance enhances the City’s ability to enforce with regard to conditions which result in a nuisance or substantial adverse impact on the welfare of a considerable number of other residents of Saratoga. Since April the Planning Commission has conducted two public hearings and four study sessions on the topic. During the process the Commission listened to people who attended the study session and made several modifications to the proposed ordinance incorporating some of the comments made from the public who attending the meetings. DISSCUSSION: City Code Enforcement staff receives numerous complaints from City residents regarding conditions of neglect or deterioration on various properties in the City. Residents complain of overgrown weeds, dead or dying landscaping, abandoned or poorly maintained homes, and similar issues. The City Code provides the City with tools to address conditions that present a fire hazard or other clear threat to health or safety, but it does not deal with neglected properties properties that are not a risk to the public health. The attached ordinance would expand the definition of nuisance to include properties that the City finds to be “Neglected” to allow the City to respond to complaints of property conditions that create aesthetic impacts to the neighborhood. 69 2 The City works with the Fire District for weed abatement matters that pertain to potential fire hazards. If a complaint is received for weeds the Fire District performs an inspection of the property and determines if there is a fire code violation. This procedure is the same for the County Vector Control except the issues deal with rodent, mosquito and vermin problems at residences. Often, however, when conditions of concern to residents are referred to fire protection or vector control the investigation concludes that while the conditions may present legitimate concerns, they do not present a level of public health or safety risk sufficient to warrant action. The attached draft ordinance would act to address this issue and would require properties to be maintained to avoid conditions such as: -Buildings that are vacant and unsecured that could harbor animals or intruders or otherwise serve as an attractive nuisance; -Buildings in a state of significant disrepair (e.g., building exteriors, walls, fences, retaining walls, driveways, or walkways that are broken or deteriorated to the extent that the disrepair is visible from a street); and -Overgrown, diseased, dead or decayed landscaping, weeds or other vegetation that meets specified standards and results in a nuisance or substantial adverse impact on the welfare of a considerable number of other residents of Saratoga. The ordinance strives to be as specific as possible in order to provide clear guidance to residents regarding the minimum requirements for building and property maintenance. This will also assist code enforcement staff in responding to complaints and ascertaining whether conditions on a given property qualify it as a neglected property. The attached ordinance is based on the recommendation of the Planning Commission by a 7-0 vote. The attached ordinance also reflects technical revisions made by the City Attorney. Attachment B shows the language recommended by the Planning Commission with the changes shown in redline and strikeout. Enforcement The ordinance would be enforced in the same manner as other City ordinances. Typically, residents correct code violations soon after the violations are brought to their attention by Code Enforcement staff. In cases where the violation is not immediately corrected a notice of abatement and notice of intent to record notice of violation may be sent to the property owner. This ordinance would differ somewhat from other ordinances in that it requires the City to provide a 60 day “courtesy” period for the landowner or resident to remedy neglected conditions. If a notice of abatement is issued, it would require corrective action by the landowner by a date certain. The City Manager’s code enforcement practice is to set a period to bring the property into compliance based on the time reasonably required to cure the violation and the effect of the violation on public health, safety or welfare (e.g., the more significant the threat the more quickly the violation must be abated). If the notices are not successfully appealed and corrective action is not completed, a notice of violation is recorded against the property and the City Manager may order that abatement work be performed by the City with the costs of that work, administrative and legal time charged to the property owner either directly on the tax bill or as a lien on the 70 3 property. In most of these types of circumstances the City would generally be required to first obtain court approval for entry on to private property. The City could also elect to prosecute violators of the ordinance under the criminal enforcement provisions of the City Code. This allows fines of up to $1000 per violation prosecuted as a misdemeanor or of $100 to $500 (depending on circumstances) for violations prosecuted as an infraction. FISCAL IMPACTS: The ordinance could lead to an increase in complaints to the City’s Code Compliance staff. This would not have a direct fiscal impact but could result in longer response times. If the number of complaints increases considerably the City could elect to increase the number of Code Compliance staff in order to maintain current response times. To the extent that enforcement efforts lead to legal proceedings (e.g., appeals of enforcement decisions, requests for court orders authorizing the City to enter on private property to undertake direct abatement actions) there would be additional costs incurred by the City Attorney’s office. These costs would depend on the number and nature of the legal proceedings and could range from approximately $1,000 for a straightforward appeal to $15,000 or more for a direct abatement action. In some cases the City may be able recover a portion of these costs from the party found to be in violation. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Code Compliance Officer would not have additional tools to remedy conditions on neglected properties. ALTERNATIVE ACTION: Deny the proposed resolution and provide staff with direction. FOLLOW UP ACTION: Schedule the ordinance for a second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on January 23, 2008. ATTACHMENTS: A. Proposed Ordinance 71 1 ORDINANCE __________ AN ORDINANCE ADDING ARTICLE 7-50 A TO THE SARATOGA CITY CODE TO ENHANCE ENFORCEMENT AGAINST NEGLECTED PROPERTY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City has been approached by a number of its residents expressing concern about situations in which various properties throughout the City have been neglected and allowed to deteriorate; WHEREAS, it is in the public interest to promote the public health, safety and welfare within the City by requiring a minimum level of property maintenance to protect the public from the health, safety, and welfare hazards that result from the neglect and deterioration of property; and WHEREAS, amendments to the City Code to enhance the ability of the City to remedy adverse conditions of neglected properties have been proposed and duly considered and recommended by the Planning Commission and considered by the City Council; WHEREAS, these amendments are intended to supplement and not to supplant or conflict with any other provisions of the City Code or of federal or State laws. Section 1. Adoption. The Saratoga City Code is hereby amended as follows: (1) Article 7-50 is added to the Saratoga City Code to read: 7-50 RESIDENTIAL PROPERTY MAINTENANCE 7-50.005 Purposes of Article This Article is adopted for the following purposes: (a) To establish community standards for the definition of neglected properties. (b) To prevent property from being maintained in such condition as to cause any health, safety, or welfare hazard that results from the neglect and deterioration of property. (c) To enhance the quality of storm water runoff generated from residential properties and to prevent storm water related pollution. 7-50.010 Neglected Property Prohibited It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private or public property in the City to allow such property to be neglected property with the result that any of the conditions listed in Section 7-50.030 (i) is visible from a public street, right-of-way or other public property open to public use and (ii) exists thereon for a period of more than sixty days after written notice of same has been given by the City Manager, 72 2 via certified or registered mail, to the property owner(s) shown on the latest equalized County of Santa Clara assessment roll. “Neglected property” means any privately or publicly owned property which, as a result of insufficient maintenance, has deteriorated so as to harbor a health or safety hazard or has resulted in a nuisance or substantial adverse impact on the welfare of a considerable number of other residents of Saratoga. 7-50.020 Exemptions (a) Calamity or Disaster Exemption. Violation of this Article shall not be based on the condition of property which is the result of damage or destruction from fire, flood, drought, earthquake, other soil movement, or other similar calamity or disaster for a period of two years following the calamity or disaster. The City Manager is authorized to grant an extension of time under this exemption for good cause as determined by the City Manager. (b) Other Legal Authorization Exemption. Violation of this Article shall not be based on a condition of property expressly allowed by any other provision of law, including other provisions of this Code 7-50.030 Standards Consistent with the purposes of this Article, the following conditions qualify as neglected property in a residential zoning district: (a) Any condition that is a hazard to the public health or safety, that constitutes a public nuisance as defined in California Civil Code Sections 3479 or 3480 or under the City Code, or is substantially adverse to the welfare of a considerable number of other Saratoga residents; (b) Any building or structure that is unsecured. A building or structure is unsecured when any one of the following conditions exists: (1) Unauthorized persons (including, but not limited to, children) can readily gain entry to the building or structure without the consent of the owner or an agent of the owner; or (2) The property contains an attraction to children or a harbor for vagrants, criminals or other unauthorized persons due to features dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, refrigerators and freezers, pools, ponds, and excavations. (c) Any building or structure that is in a state of significant disrepair. A building or structure is in a state of significant disrepair when any of the following conditions exist: (1) Exterior walls or roof coverings have become substantially deteriorated, do not provide adequate weather protection, or show evidence of the presence of major termite infestation or dry rot, including but not limited to a situation where an exterior wall shows 10% or more of its area missing siding boards, bricks or blocks or where an exterior wall shows 50% or more of its area devoid of its finish paint color thereby exposing wood, stucco, brick, cement or a prior paint color; or 73 3 (2) Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction, or buildings subject to demolition pursuant to applicable provisions of this Code or other authority, for which demolition has not been diligently pursued. (d) The property (regardless of its size) contains overgrown weeds (as defined in 7-15.030) or other vegetation or garbage or debris that: (1) Harbors rats, structure destroying insects, vermin, vector, or other similar nuisances; or (2) Is overgrown onto a public right-of-way more than 12 inches; or (3) Is completely dead, over twelve (12) inches in height, and covers more than fifty percent (50%) of the front or exterior side setback areas visible from any street. (e) The property contains a hazardous condition consisting of items being present that are inadequately secured or protected, including but not limited to the following: (1) Abandoned Abandoned wells, shafts, or basements; (2) Fences, gates or structures which have collapsed or extend into the public street, right of way or other public property open to public use or are in any other type of unsafe condition; (3) Lumber, or accumulations of lumber or other construction materials; or (4) Chemicals, motor oil, or other hazardous materials. (f) The accumulation of abandoned, discarded, or dilapidated objects, or any combination thereof including but not limited to: junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, fallen trees, tree limbs, rubbish and debris or similar matter which constitutes a threat to public health or safety or renders any premises a nuisance or substantially adverse to the welfare of a considerable number of other residents of the City of Saratoga. (g) The accumulation of dirt, sand, gravel, concrete, litter, debris, petroleum products, grease or other similar material, or any combination thereof, on the property. (h) Materials or other items stacked in a manner which could potentially result in discharge into a storm drain system. (i) Boats, trailers, recreation vehicles, vehicle parts or other sections of personal property which are left in a state of partial construction, dilapidation or disrepair or which are left parked or stored in violation of applicable zoning designation, rules or regulations. (j) The accumulation of packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property. If the foregoing materials are accumulated pursuant to a valid 74 4 and active building permit issued by the City, such accumulation shall not qualify as a condition qualifying the property as a neglected property. (k) Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this Code, which remain on the exterior of any building, fence or wall. (l) Any condition determined by the City Manager to be substantially similar to any of the conditions listed in this Section 7-50.030. 7-50.040 Definitions Vectors means any animal or insect capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including but not limited to, mosquitoes, flies, other insects, ticks, mites, and rats. Vermin means cockroaches, mice, rats, and similar pests. Weeds has the same meaning as provided in Article 7-15.030 of this City Code. 7-50.050 Public Nuisance Any neglected property as set forth in the provisions of this Article is hereby declared and determined to be a public nuisance. 7-50.060 Abatement Actions Whenever the City Manager determines that a property qualifies as a neglected property, the City Manager may require or take any necessary abatement or other enforcement actions to cause the neglected property to be abated in accordance with the provisions of this Code, or by any other lawful means. The City Manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted and may implement those actions in accordance with the provisions of this Code or by any other lawful means. Costs and/or attorneys fees and the collection thereof for any abatement performed by or on behalf of the City are authorized to be recovered by the City in accordance with the Nuisance Abatement provisions of Article 3-15 or 3-20 of Chapter 3 of this Code. Upon the request of the property owner, situations of personal or financial hardship will be reviewed by the City Manager in determining the appropriate remedy for the conditions found on the neglected property. 7-50.070 Imminent Danger (a) Any condition on a neglected property which is reasonably believed by the City Manager to be imminently dangerous to the public health or safety may be summarily abated by the City Manager, in accordance with Article 3-20 of Chapter 3 of this Code. (b) Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use 75 5 or occupancy of the property on which the dangerous condition exists and/or any other abatement action determined by the City Manager. (c) If there exists on a neglected property any condition reasonably believed by the City Manager to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the City Manager may order the immediate restriction from use or occupancy of the neglected property. In addition to restricting use or occupancy, the order may require that other abatement actions be taken. 7-50.080 Procedures under this Article – Cumulative Procedures used and actions taken for the abatement of neglected property are not limited by this Article. Procedures and actions under this Article may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings, structures or property. All neglected property conditions which the City requires to be abated pursuant to the provisions and permit requirements of this Article shall be subject to all provisions of this Code including, but not limited to building construction, repair or demolition and to all property improvement, and zoning, and all other applicable local, state, and federal laws. Nothing in this Article shall be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a neglected property, nor shall this Article in any way limit the City’s right to enforcement under any other provision of this Code or other law or create a duty or obligation on the part of the City to enforce this Article. Specifically, and notwithstanding the generality of the foregoing, pursuant to Articles 3-15 and 3-20 of Chapter 3 of this Code, the City Manager may require abatement of conditions that present a danger or emergency that warrants an expedited abatement pursuant to those provisions of the Code even if the conditions qualify as a neglected property under this paragraph. * * * * * Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the ___ day of ____, 2008, and was adopted by the following vote following a second reading on the ___ day of _____, 2008: 76 6 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Cathleen Boyer, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 77 1 Attachment B – Redline showing staff changes to Planning Commission Recommendation ORDINANCE __________ AN ORDINANCE ADDING ARTICLE 7-50 A TO THE SARATOGA CITY CODE TO ENHANCE ENFORCEMENT AGAINST NEGLECTED PROPERTY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City has been approached by a number of its residents expressing concern about situations in which various properties throughout the City have been neglected and allowed to deteriorate; WHEREAS, it is in the public interest to promote the public health, safety and welfare within the City by requiring a minimum level of property maintenance to protect the public from the health, safety, and welfare hazards that result from the neglect and deterioration of property; and WHEREAS, amendments to the City Code to enhance the ability of the City to remedy adverse conditions of neglected properties have been proposed and duly considered and recommended by the Planning Commission and considered by the City Council; WHEREAS, these amendments are intended to supplement and not to supplant or conflict with any other provisions of the City Code or of federal or State laws. Section 1. Adoption. The Saratoga City Code is hereby amended as follows: (1) Article 7-50 is added to the Saratoga City Code to read: 7-50 RESIDENTIAL PROPERTY MAINTENANCE 7-50.005 Purposes of Article This Article is adopted for the following purposes: (a) To establish community standards for the definition of neglected properties. (b) To prevent property from being maintained in such condition as to cause any health, safety, or welfare hazard that results from the neglect and deterioration of property. (c) To enhance the quality of storm water runoff generated from residential properties and to prevent storm water related pollution. 7-50.010 Neglected Property Prohibited It shall be unlawful for any person owning, leasing, renting, occupying or having charge or possession of private or public property in the City to allow such property to be neglected property with the result that any of the conditions listed in Section 7-50.030 (i) is visible from a 78 2 public street, right-of-way or other public property open to public use and (ii) exists thereon for a period of more than sixty days after written notice of same has been given by the City Manager, via certified or registered mail, to the property owner(s) shown on the latest equalized County of Santa Clara assessment roll. “Neglected property” means any privately or publicly owned property which, as a result of insufficient maintenance, has deteriorated so as to harbor a health or safety hazard or has resulted in a nuisance or substantial adverse impact on the welfare of a considerable number of other residents of Saratoga. 7-50.020 Exemptions (a) Calamity or Disaster Exemption. Violation of this Article shall not be based on the condition of property which is the result of damage or destruction from fire, flood, drought, earthquake, other soil movement, or other similar calamity or disaster for a period of two years following the calamity or disaster. The City Manager is authorized to grant an extension extension of time under this exemption for good cause as determined by the City Manager. (b) Other Legal Authorization Exemption. Violation of this Article shall not be based on a condition of property expressly allowed by any other provision of law, including other provisions of this Code 7-50.030 Standards Consistent with the purposes of this Article, the following conditions qualify as neglected property in a residential zoning district: (a) Any condition that is a hazard to the public health or safety, that constitutes a public nuisance as defined in California Civil Code Sections 3479 or 3480 or under the City Code, or is substantially adverse to the welfare of a considerable number of other Saratoga residents; (b) Any building or structure that is unsecured for more than 60 consecutive days. A building or structure is unsecured when any one of the following conditions exists: (1) Unauthorized persons (including, but not limited to, children) can readily gain entry to the building or structure without the consent of the owner or an agent of the owner; or (2) The property contains an attraction to children or a harbor for vagrants, criminals or other unauthorized persons due to features dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, refrigerators and freezers, pools, ponds, and excavations. (c) Any building or structure that is in a state of significant disrepair. A building or structure is in a state of significant disrepair when any of the following conditions exist: (1) Exterior walls or roof coverings have become substantially deteriorated, do not provide adequate weather protection, or show evidence of the presence of major termite infestation or dry rot, including but not limited to a situation where an exterior wall shows 10% or more of its area missing siding boards, bricks or blocks or where an exterior wall shows 50% or 7 93 more of its area devoid of its finish paint color thereby exposing wood, stucco, brick, cement or a prior paint color; or (2) Buildings which are dilapidated, abandoned, boarded up, partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction, or buildings subject to demolition pursuant to applicable provisions of this Code or other authority, for which demolition has not been diligently pursued. (d) The property (regardless of its size) contains overgrown weeds (as defined in 7-15.030) or other vegetation or garbage or debris that: (1) Harbors rats, structure destroying insects, vermin, vector, or other similar nuisances; or (2) Is overgrown onto a public right-of-way more than 12 inches; or (3) Is completely dead, over twelve (12) inches in height, and covers more than fifty percent (50%) of the front or exterior side setback areas visible from any street. (e) The property contains a hazardous condition consisting of items being present that are inadequately secured or protected, including but not limited to the following: (1) Abandoned wells, shafts, or basements; (2) Fences, gates or structures which have collapsed or extend into the public street, right of way or other public property open to public use or are in any other type of unsafe condition; (3) Lumber, or accumulations of lumber or other construction materials; or (4) Chemicals, motor oil, or other hazardous materials. (f) The accumulation of abandoned, discarded, or dilapidated objects, or any combination thereof including but not limited to: junk; abandoned, wrecked, dismantled or inoperative vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap metal, wood, plant cuttings, fallen trees, tree limbs, rubbish and debris or similar matter which constitutes a threat to public health or safety or renders any premises a nuisance or substantially adverse to the welfare of a considerable number of other residents of the City of Saratoga. (g) The accumulation of dirt, sand, gravel, concrete, litter, debris, petroleum products, grease or other similar material, or any combination thereof, on the property. (h) Materials or other items stacked in a manner which could potentially result in discharge into a storm drain system. (i) Boats, trailers, recreation vehicles, vehicle parts or other sections of personal property which are left in a state of partial construction, dilapidation or disrepair or which are left parked or stored in violation of applicable zoning designation, rules or regulations. 80 4 (j) The accumulation of packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property. If the foregoing materials are accumulated pursuant to a valid and active building permit issued by the City, such accumulation shall not qualify as a condition qualifying the property as a neglected property. (k) Graffiti or other words, lettering or drawings not otherwise permitted by the provisions of this Code, which remain on the exterior of any building, fence or wall. (l) Any condition determined by the City Manager to be substantially similar to any of the conditions listed in this Section 7-50.030. 7-50.040 Definitions Vectors means any animal or insect capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including but not limited to, mosquitoes, flies, other insects, ticks, mites, and rats. Vermin means cockroaches, mice, rats, and similar pests. Weeds has the same meaning as provided in Article 7-15.030 of this City Code. 7-50.050 Public Nuisance Any neglected property as set forth in the provisions of this Article is hereby declared and determined to be a public nuisance. 7-50.060 Abatement Actions Whenever the City Manager determines that a property qualifies as a neglected property, the City Manager may require or take any necessary abatement or other enforcement actions to cause the neglected property to be abated in accordance with the provisions of this Code, or by any other lawful means. The City Manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are instituted and may implement those actions in accordance with the provisions of this Code or by any other lawful means. Costs and/or attorneys fees and the collection thereof for any abatement performed by or on behalf of the City are authorized to be recovered by the City in accordance with the Nuisance Abatement provisions of Article 3-15 or 3-20 of Chapter 3 of this Code. Upon the request of the property owner, situations of personal or financial hardship will be reviewed by the City Manager in determining the appropriate remedy for the conditions found on the neglected property. 7-50.070 Imminent Danger (a) Any condition on a neglected property which is reasonably believed by the City Manager to be imminently dangerous to the public health or safety may be summarily abated by the City Manager, in accordance with Article 3-20 of Chapter 3 of this Code. 81 5 (b) Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists and/or any other abatement action determined by the City Manager. (c) If there exists on a neglected property any condition reasonably believed by the City Manager to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the City Manager may order the immediate restriction from use or occupancy of the neglected property. In addition to restricting use or occupancy, the order may require that other abatement actions be taken. 7-50.080 Procedures under this Article – Cumulative Procedures used and actions taken for the abatement of neglected property are not limited by this Article. Procedures and actions under this Article may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings, structures or property. All neglected property conditions which the City requires to be abated pursuant to the provisions and permit requirements of this Article shall be subject to all provisions of this Code including, but not limited to building construction, repair or demolition and to all property improvement, and zoning, and all other applicable local, state, and federal laws. Nothing in this Article shall be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a neglected property, nor shall this Article in any way limit the City’s right to enforcement under any other provision of this Code or other law or create a duty or obligation on the part of the City to enforce this Article. Specifically, and notwithstanding the generality of the foregoing, pursuant to Articles 3-15 and 3-20 of Chapter 3 of this Code, the City Manager may require abatement of conditions that present a danger or emergency that warrants an expedited abatement pursuant to those provisions of the Code even if the conditions qualify as a neglected property under this paragraph. * * * * * Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the ___ day of ____, 2008, and was adopted by the following vote following a second reading on the ___ day of _____, 2008: 82 6 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Cathleen Boyer, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 83 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: _____________ ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DEPT HEAD: Dave Anderson Assistant City Manager Michael Taylor Recreation Director _________________________________________________________________________________ SUBJECT: Adoption of Proposed Policy Concerning Naming City-owned Land and Facilities RECOMMENDED ACTION: Review report and approve adoption of the Policy Concerning Naming City-owned Land and Facilities. REPORT SUMMARY: Background At its November 7, 2007 meeting, Council voted to form an Ad Hoc Committee to: 1. Review policies from other jurisdictions concerning naming of City-owned land and facilities and recommend a Policy for use in naming land and facilities owned by the City of Saratoga. Council members King and Waltonsmith were appointed to serve on the Ad Hoc, together with staff members Barbara Powell and Michael Taylor. Discussion The Ad Hoc Committee reviewed naming policies from the jurisdictions listed on the attached spreadsheet (Attachment “A”). The City of Palo Alto’s policy appeared to be the most comprehensive and directly applicable to Saratoga, and was, therefore, used as a model from which to develop the attached draft Policy (Attachment “B”). The Ad Hoc is requesting a discussion by the City Council of the following issues related to the policy: 1. Should the policy reflect that an individual must be deceased in order for land or facilities to be named after them? If so, should there be a specific amount of time that must have passed before the naming may take place? As you can see from Attachment “A”, four of the nine jurisdictions included on the spreadsheet require that an individual be deceased prior to naming a facility after them, and three require a specific length of time to have passed prior to the naming. The City of Palo Alto – the primary reference for the attached proposed policy – does not require that an individual be deceased. 84 2. Should a specific dollar amount or percentage be established in order for land or facilities to be named for an individual, family or organization under Naming Criteria #b? The only jurisdiction among the nine included on the matrix that has specified an amount for naming rights eligibility is San Carlos. San Carlos has established three categories for naming rights, each of which require one hundred percent (100%) funding of associated costs: ?? “21st Century” funding– requires funding sufficient to cover construction plus an endowment from which to perpetually draw from for maintenance, renovation and replacement (naming rights extend through January 2100). ?? “Life of the equipment” funding – requires a donation to cover construction costs and on-going maintenance and repair (naming rights expire once the equipment must be replaced). ?? “2-5 year period” funding – provided by a donor to renovate and maintain a facility for a specified period of time (naming rights expire once the timeframe has been reached). The Ad Hoc Committee also met with a group of interested citizens, who suggested some modifications to Section IV. Naming Criteria (provided as Attachment “C”) for the Council’s consideration: FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): The City will not have a Policy in place to guide the naming of City-owned land and facilities. 85 ALTERNATIVE ACTION (S): Council may approve the attached draft policy, recommend edits to the policy, or may direct the Ad Hoc to gather more information and/or prepare another version of the policy. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda according to the Brown Act. ATTACHMENTS: Attachment “A” – Comparison of Facility Naming Policies Attachment “B” – Draft Policy Attachment “C” – Suggested modifications to Section IV. Naming Criteria 86 COMPARISON OF FACILITY NAMING POLICIES for City-Owned Land, Parks, Buildings and Facilities 1/31/2008 Campbell Gilroy Menlo Park Mountain View Milpitas Palo Alto San Carlos Parks & Recreation San Jose Santa Clara WHO CAN INITIATE? Anyone X X X Citizens, community organizations, civic groups X X X X X Project manager (for new projects) X X X Park & Recreation Commission/Board X X REQUIRED APPROVALS: Special Appointed Committee X X X X Appropriate Commission(s) X X X X X X Final: City Council by Resolution X X X X X X X X REQUIRED APPROVALS FOR SMALLER SITES (room, patio, field, etc.): Special Committee X X Parks & Recreation Department X X Commission X X City Council -Consent X X LEAD RESPONSIBILITY FOR FACILITY NAMING: Department managing the facility X X X X NAMING CRITERIA: Name preserving the known name of a former facility/site or street location X X X X Name preserving a geographic, historic, environmental, geologic, or landmark connotation X X X X X X X Name of a historic figure or local landmark X X X X X 87 1 COMPARISON OF FACILITY NAMING POLICIES for City-Owned Land, Parks, Buildings and Facilities 1/31/2008 Campbell Gilroy Menlo Park Mountain View Milpitas Palo Alto San Carlos Parks & Recreation San Jose Santa Clara NAMING FOR INDIVIDUALS: Individual may be living or deceased X X Individual has been deceased… 2 yrs 5 yrs X 5 yrs Individual made outstanding contributions to the City or community X X Individual made contributions of local, state, national or worldwide significance X X Individual made substantial contributions to the betterment of a specific facility or park X X Individual made lasting & significant contributions to the protection of natural or cultural resources of the City X X FINANCIAL CONTRIBUTIONS AND NAMING RIGHTS: Individual made a significant donation to the city resulting in the acquisition or development of property, buildings, etc. X X X Can be named after a corporation if they pay for the naming rights; can be permanent or of limited term, allowing City to re-sell the name later X X As part of a Capital Campaign, the City Council reserves the right to make appropriate business arrangements in exchange for naming options of City facilities X X RE-NAMING OF FACILITIES: No re-naming; exceptions considered only for compelling reasons X X X X 88 2 COMPARISON OF FACILITY NAMING POLICIES for City-Owned Land, Parks, Buildings and Facilities 1/31/2008 Campbell Gilroy Menlo Park Mountain View Milpitas Palo Alto San Carlos Parks & Recreation San Jose Santa Clara OTHER: The costs of plaques, monuments, and replacement of signs resulting from commemorative naming will be borne by the individual, group or organization sponsoring the request X X 89 3 DRAFT FINAL RESOLUTION NO. _________ POLICY PERTAINING TO NAMING CITY-OWNED LAND AND FACILITIES WHEREAS, the City Council of the City of Saratoga desires to establish a policy to establish criteria and procedures for the naming and renaming of City-owned land, facilities and portion of facilities (e.g. rooms, fields, etc.); and WHEREAS, the policy would pertain to all City-owned lands, facilities and portions of facilities with the exception of City streets, which is managed by the City’s Community Development Department under a separate set of policies and procedures; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, State of California, that a policy pertaining to Naming City-owned Land and Facilities is hereby established as follows: NAMING CITY-OWNED LAND AND FACILITIES I. PURPOSE The intent of this policy is to establish criteria and procedures for the naming and renaming of City-owned land and facilities. II. OVERVIEW 1. This policy provides a mechanism for citizens to suggest names they believe should be considered for new City facilities, lands and/or portions of facilities (e.g. rooms, fields, etc.) and for the renaming of existing facilities, lands and/or portions of facilities (e.g. rooms, fields, etc.). 2. This policy pertains to all City-owned lands and facilities with the exception of City streets. The naming of streets is managed by the City’s Community Development Department under a separate set of policies and procedures. III. GENERAL POLICIES 1. The City Council shall have the authority to name and rename City-owned lands and facilities. NOTE: The City has a separate “Tree and Bench Dedication” Program. Information about this program can be found on the City’s website at http://www.saratoga.ca.us/pdf/treebenchapplication1.pdf, or by contacting the City Clerk. 2. The donation of land(s), facility(ies), or funds for the acquisition, renovation or maintenance of land(s) or facilities, shall not constitute an obligation by the City to name the land(s) and/or facility(ies) or any portion thereof after an individual, family or organization. 90 DRAFT FINAL IV. NAMING CRITERIA 1. The following criteria shall be used in selecting an appropriate name for City-owned lands and facilities: a. The name should, if possible, include or preserve the geographic, environmental (relating to natural or physical features), historic or landmark connotation of particular significance to the area in which the land or facility is located, or for the City as a whole. Either connotation is equally valid. b. Consideration may be given to naming a City-owned land or facility after an individual, family or organization when the land, facility, or the money for its purchase, construction, renovation or maintenance was donated by the individual, family or organization. c. Consideration may also be given to naming a City-owned land or facility after an individual, family or organization when warranted by some in-kind contribution or service which is deemed to be of major and lasting significance to the purchase of the piece of land, facility, or the planning, development, construction, renovation or maintenance of a facility. d. City-owned land(s) and/or park(s) may be named for benefactor organizations, groups or businesses. e. City-owned land(s) or facility(ies) may not be named after a seated elected or appointed official. f. City-owned land(s) or facility(ies) may not be named after a person whose contribution to the City of Saratoga was or is a part of that individual’s normal duties as an employee of the City. An exception may be made for former employees who have contributed volunteer services of an exceptional nature beyond their normal duties. V. POLICY & CRITERIA REGARDING RENAMING 1. Existing place names are deemed to have historic recognition. City policy is to retain the name of any existing land(s) and/or facility(ies) particularly when the name has City or regional significance. The City Council may consider renaming the facility if there are compelling reasons to do so, including, but not limited to when a facility has reached its normal lifespan and a new facility is slated to replace it. 2. The following criteria shall be used in renaming City-owned lands and facilities: a. The individual, family or organization has made lasting and significant contributions to the protection of natural or cultural resources of the City; or b. The individual, family or organization has made substantial contributions to the betterment of a specific facility or park consistent with the established standards for the facility; or c. The individual, family or organization has made substantial contributions to the advancement of commensurate types of recreational opportunities within the City. 91 DRAFT FINAL VI. PROCEDURE FOR NAMING & RENAMING OF CITY-OWNED LAND(S) OR FACILITY(IES) 1. A request to name or rename a City-owned land or facility shall be made in writing on the standard application form attached to this policy. 2. The application will be reviewed for completeness by staff in the City’s Recreation (and Facilities) Department and forwarded to the Mayor. 3. The Mayor will designate an appropriate City Commission to review the application and make a recommendation to the City Council. 4. The City Council shall have final approval of naming and renaming recommendations. 92 DRAFT FINAL CITY OF SARATOGA APPLICATION FOR NAMING OR RENAMING CITY-OWNED LAND(S) OR FACILITY(IES) Applicant’s Contact Information: Name: Address: E-mail: Phone: Naming/Renaming Information for City-owned Land or Facility: Suggested Name: Location of Site or Facility: Is the proposed name for only a portion of the site or facility? ?? Yes ?? No If yes, please indicate portion suggested for naming/renaming: To name or rename a City-owned site or facility, certain criteria must be met. Please indicate below which criteria will be met for the proposed name: Sites or Facilities that DO NOT Currently Have a Name Criteria for naming (please check all that apply): ?? The name preserves the geographic, environmental (relating to natural or physical features), historic or landmark connotation of particular significance to the area in which the land or facility is located, or for the City as a whole. ?? The land, facility, or the money for its purchase was donated by the individual, family or organization. ?? An in-kind contribution or service of major and lasting significance was made to the acquisition of the land, facility, or the planning, development, construction or renovation of a facility. ?? The name recognizes a benefactor organization, group or business that contributed to the site or facility. ?? The name recognizes a former employee who has contributed volunteer services of an exceptional nature beyond his/her normal duties. 93 DRAFT FINAL Sites or Facilities that Currently Have a Name Criteria for naming (please check all that apply): ?? The individual, family or organization has made lasting and significant contributions to the protection of natural or cultural resources of the City. ?? The individual, family or organization has made substantial contributions to the betterment of a specific facility or park consistent with the established standards for the facility. ?? The individual, family or organization has made substantial contributions to the advancement of commensurate types of recreational opportunities within the City. For all facilities, please provide a detailed explanation that supports the criteria for which you are requesting naming or renaming of the site or facility for this individual, family or organization: City of Saratoga Use Only: Date Received: _____________________________ Date Scheduled for Review by Commission: _____________________________ 94 95 SARATOGA CITY COUNCIL MEETING DATE: February 6, 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: Santa Clara County Cities Association Policy Priorities for 2008 RECOMMENDED ACTION: Accept report, recommended three to five policy priorities proposals for the Santa Clara County Cities Association (SCCCA) 2008 policy priorities, and authorize staff to return suggestions to the SCCCA Board of Directors for their February meeting. BACKGROUND: The SCCCA was developed in 1990 to provide local leaders with a connection to one another and provide municipalities in Santa Clara County with a unified voice when dealing with other levels of government and other agencies. Each of the fifteen cities in Santa Clara County has a councilmember appointed to serve on the Board of Directors—Councilmember Kathleen King is the City of Saratoga representative on the SCCCA Board of Directors. The Board meets monthly to support Santa Clara County cities and monitor state and federal legislation that will have an impact on municipalities in Santa Clara County. Each year, the SCCCA selects policy priorities that shape the work plan of the Board of Directors. During the January 2008 SCCCA Board of Directors meeting, potential policy issues were proposed by board members. To prioritize the suggested policy issues developed during the January 2008 meeting, each board member has been asked to discuss the policy proposals with his or her City Council and select a short list of policy priorities. The priorities identified by each city will help determine the SCCCA policy priorities for 2008. During the January 16, 2008 Saratoga City Council Meeting, Councilmember Kathleen King requested the Council discuss the SCCCA priorities during a future meeting. The initial list of policy priorities developed during the January 2008 SCCCA, grouped by City staff into broad categories for ease of review, is below: Community Development 1. Countywide Association of Bay Area Governments (ABAG) Housing Allocations vs. Allocations by City Page 1 of 3 96 a. Review by SCCCA of benefits of pooling housing resources and working as an entire county to meet overall ABAG housing requirements, similar to the approach used by the County of San Mateo. 2. Review of State Law Governing ABAG Housing Allocations a. Study of benefits of drawbacks of potential amendments or repeal of the state law that governs housing allocations. 3. Streamlined Planning and Permitting Process a. Examination of feasibility of expedited planning and permitting process based on additional fees and tools for implementing this supplemental resource for residents and businesses facing development timelines. Emergency Preparedness 4. Countywide Coordination of SUASI Grants a. Explore possibility of working as a county to collectively leverage investments in disaster and terrorism preparedness when applying for Bay Area Super-Urban Area Security Initiative (SUASI), a Department of Homeland Security grant. 5. Emergency Communications Best Practices a. SCCCA to determine best practices for emergency communications, when it is vital to provide the public with accurate and consistent information. Employee Benefits 6. Prepayment of PERS and Realized Savings a. Evaluate benefits of prepaying Public Employee Retirement System (PERS) expenses, using the City of Gilroy as a case study. 7. Retirement: Medical Benefits and Retirement at 55 a. Study of benefit packages that prevent Santa Clara County cities from being competitive in attracting qualified employees due to benefits packages that may be unaffordable in the years ahead (particularly when many employees are offered the opportunity to retire at age 55, which may create a significant number of vacant positions in the years ahead). Environmental Sustainability 8. Countywide Green Building Standards a. Create green building standards for all new private construction that can be used in each of the 15 jurisdictions in Santa Clara County, making it easier for builders to adopt green building standards. 9. Countywide Solar Assessment Districts a. Explore opportunities to promote installation of solar panels through solar assessment districts and assess the success of solar assessment districts in the City of Berkeley. In November 2007, Berkeley adopted a program that would allow the City to pay for the upfront cost of solar panel installation on a home and be reimbursed by the homeowner with a 20-year assessment on their property. 10. Countywide Streamlined Solar Policy and Solar Permitting Process a. Establish countywide policy on installation of solar panels on residential and commercial property to make it easier and less expensive to install photovoltaic panels. 11. Green Power Challenge a. Coordinate a contest between Santa Clara County cities and residents to reduce energy use. 12. Water Conservation Best Practices a. Identify most effective ways to conserve water. Page 2 of 3 97 Page 3 of 3 13. Encouraging Use of Reclaimed Water a. Promote the use of reclaimed or recycled water. Public Records Requests 14. Email Policy & Public Records Requests a. Review email policies of other cities, particularly in relation to public records requests. 15. Public Records Requests a. Review how other cities handle public records requests. Public Safety 16. Gang Intervention, Suppression, and Prevention a. Develop regional solutions to gang problems that are an increasing problem throughout Santa Clara County. 17. Speed Limit Policy a. Review the State of California’s method for determining street speed limits and identify opportunities to work with state legislators to improve this policy. Purchasing Practices 18. Vendor Clearing House/Purchasing Pool a. Review purchasing methods, such as a vendor clearing house or purchasing pool, which would allow smaller cities to work with larger municipalities to receive better more competitive rates for goods and services. FISCAL IMPACTS: N/A CONSEQUENCES OF OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City of Saratoga will not provide input on suggested SCCCA 2008 Policy Priorities. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Nothing additional. 98 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director ___ SUBJECT: Saratoga Historical Park Conceptual Plan RECOMMENDED ACTION: 1. Review and approve Saratoga Historical Park Conceptual Plan. 2. Authorize staff to move forward on construction design plans and construction cost estimates. REPORT SUMMARY: The majority of information in this report was prepared by April Halberstadt the Museum’s Executive Director. The Conceptual Landscape Plan for the Saratoga Historical Park takes into consideration the climate, terrain, the historic nature of the buildings, the park usage and the cultural values of the Saratoga community. The Plan was designed by a team of arborists and certified landscape designers, Barrie & Carol Coate working in conjunction with the principals of the firm of Design Focus, Hank Helbush and Rebecca Dye. All of the designers have worked in Saratoga for many years and are extremely familiar with the community. The Saratoga Historical Park is an important asset to historic Saratoga Village. To accomplish such a major undertaking within Saratoga’s limited budget, the Plan will be accomplished using a combination of private and public money. The Plan will most likely need to be phased in light of the limited funding available. The City’s CIP budget has funding in the amount of $37,200 to help support moving forward with the improvements. Donors to the project as of this date are: the Saratoga Horticultural Foundation (now disbanded), Carol & Barrie Coate, Rebecca Dye and Hank Helbush of Design Focus and The Care of Trees. Page 1 of 3 99 The various elements of the new park, and the funding sources, that have been identified to date include: TASK Estimated Cost City SHF/Donation Park Signage – includes Book-Go-Round $10,000 Budgeted Garden Signage $1,500 Funded/Saratoga Hort Construction Survey Completed Planting Plan Completed/Design Focus Plant Materials $5,000 Funded/Saratoga Hort First year Maintenance $2,000 Funded/Saratoga Hort Park Lighting – Upgrade & repair Completed Completed Tree Analysis & Report Completed/Barrie Coate Tree Removal – 2 trees Completed/The Care of Trees (In addition to the $8,500 already granted to this project by the Saratoga Horticultural Foundation, the Saratoga Historical Foundation is currently holding other funds that could be granted to this project at a later date.) The landscape plan will feature plants that were developed or introduced by the Saratoga Horticultural Foundation. Located at the historic Russell Ranch on Vista Verde in 1951, the Saratoga Hort staff spent decades developing plants for the landscape and nursery trade. Their timing was perfect because the post-War years saw tremendous growth in California and the new freeways and subdivisions needed landscaping. The landscape we see throughout California today showcases the many plants developed in Saratoga. Many of these plants were named for Saratoga residents. The landscape plan includes a substantial number of these plant species. In addition, several notable Saratoga residents are commemorated by plants developed by other nurseries. Joan Fontaine has a pelargonium named in her honor and Olivia de Havilland is commemorated with a rose. These beauties will also be included. The Conceptual Design Plan has been reviewed and approved by the Saratoga Heritage Commission, representatives of the Book-Go-Round, and with the Board of the Saratoga Historical Foundation. FISCAL IMPACTS: Page 2 of 3 100 Page 3 of 3 The City currently has funding in the amount of $37,200 for design work and landscape improvements. A detailed cost estimate for the improvements will be developed by Design Focus as part of their construction design proposal. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Conceptual Landscape Plan would not be approved and the project would not move forward at this time. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: A design contract will be executed and cost estimates for the landscape improvements will be developed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Conceptual Plan. 101 102