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HomeMy WebLinkAbout CITY COUNCIL AGENDA 2007 04-04 ,~,. r y! :, ~,;, AGENDA REGULAR MEETING SARATOGA CITY COUNCIL APRIL 4, 2007 OPEN MEETING - 5:30 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Hearing Officer Interviews OPEN MEETING - 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE Joint meeting with the Saratoga Library Commission and Friends of the Saratoga Libraries 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 March 30, 2007) 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 Report from the Saratoga Library Commission and Friends of the Saratoga Libraries Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. Commendation Honoring the Bernice Giansiracusa Recommended action: Present commendation. 1B. Commendation Honoring the Saratoga California Stake The Church of Jesus Christ of Latter-day Saints Recommended action: Present commendation. SPECIAL PRESENTATIONS ZA. West Valley Collection and Recycling (WVC&R) Service Update Recommended action: Informational only. 2B. SHIFT Coalition (Safety & Health Is First) Recommended action: Informational only. 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 mernber. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor rernove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3A. City Council Minutes - February 7, 2007 Recommended action: Approve minutes. 3B. City Council Minutes -February 21, 2007 Recommended action: Approve minutes. 3C. City Council Minutes -March 2, 2007 Recommended action: Approve minutes. 3D. City Council Minutes -March 7, 2007 Recommended action: Approve minutes. 2 3E. Check Register for March 20, 2007 Recommended action: Accept check register i 3F. Adoption of Resolution Approving a Local Hazard Mitigation Plan pursuant to the Disaster Mitigation Act of 2000 Recommended action: Adopt the Resolution approving the Association of Bay Area Government's (ABAGs) report "Taming Natural Disasters" as the City of Saratoga's Local Hazard Mitigation Plan and authorize the City Manager to submit it, the City's Local Hazard Mitigation Plan (LHMP) Annex and mitigation matrices to the Federal Emergency Management Agency (FEMA) for their final approval. 3G. Agreement for City Surveyor Services Recommended action: Authorize City Manager to execute an Independent Contract with CSG Consultants, Inc. for professional City Surveyor services. 3H. Resolution to support the Metropolitan Transportation Commission authorizing the filing of an application for federal Congestion Mitigation and Air Quality Improvement (CMAQ) funding for the DeAnza Trail Project Recommended action: Approve the resolution supporting the Metropolitan Transportation Commission's (MTC) application for CMAQ funds for the DeAnza Trail Project. 3I. Cox Avenue Rail Road Crossing Project -Change in Cost & Supplemental Agreement Recommended action: Authorize the City Manager to execute Pacific Railroad Company. Supplemental Agreement with Union PUBLIC HEARINGS 4. Appeal of a Planning Commission Decision Relating to 14451 Oak Place Recommended action: None -appeal withdrawn. OLD BUSINESS None NEW BUSINESS Highway 9 Safety Improvements -Master Plan Approval Recommended action: Approve Master Plan and Phase I scope of work for Highway 9 Safety Improvement Project. 6. Direction Regarding Use of Aquatic Facilities at Saratoga High School Recommended action: Accept report and direct Staff and the City School Ad-Hoc Committee accordingly. 7. Pedestrian Facilities at Herriman Avenue and Lexington Court Recommended action: Accept report and direct staff accordingly. 8. Mixed-Use Development Standards Recommended action: Accept report and direct staff accordingly. 9. Time Scheduling for Site Visits Recommended action: Accept report and direct staff accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao Association of Bay Area Government Hakone Foundation West Valley Mayors and Managers Association City School AdHoc County HCD Policy Committee Highway 9 Safety Project Committee Vice Mayor Ann Waltonsmith Hakone Foundation Northern Central Flood Control Zone Advisory Board KSAR SASCC Sister City Liaison Highway 9 Safety Project Committee Prospect Road AdHoc Councilmember Chuck Page Chamber of Commerce Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) West Valley Sanitation District West Valley Solid Waste Joint Powers Association Village AdHoc C~ 4 Councilmember Kathleen King County Cities Association Legislative Task Force Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc Prospect Road AdHoc Councilmember Jill Hunter Historic Foundation Library Joint Powers Association Santa Clara County Emergency Council Santa Clara County Valley Water Commission Village AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT CLOSED SESSION -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel -Initiation of Litigation Gov't Code section 54956.9(c): (2 potential cases). 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, Ciry Clerk for the City of Saratoga, declare that the foregoing agenda for t e meeting of the City Council of the City of Saratoga was posted on March 30, 200~of e City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was ava 1 blelf~r,publtc r view at that location. The agenda is also available on the City's day ¢f March 2007at Saratoga, California. Boyer, 5 .,... F.~ .. .fJ -,,,. `~~~' f'aa1,.~, N13ii CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 4/18 Regular Meeting -Youth Commission 5/2 Regular Meeting -Joint meeting with Villa Montalvo and Mt. Winery 5/16 Regular Meeting -Joint Meeting with Traffic Safety Commission 6/6 Regular Meeting -Joint Meeting with Planning Commission 6/20 Regular Meeting 7/4 Holiday -Meeting Cancelled 7/18 Regular Meeting 8/1 Regular Meeting 8/15 Summer Recess 9/5 Regular Meeting 9/19 Regular Meeting 10/3 Regular Meeting 10/17 Regular Meeting 11/7 Regular Meeting 11/21 Regular Meeting 12/5 Regular Meeting -Reorganization 12/19 Regular Meeting r~ LJ 6 SARATOGA CITY COUNCIL MEETING DATE: Apri14, 2007 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: ~~ PREPARED BY. ~~ '~~~' <- ~ DEPT HEAD: SUBJECT: Interviews for Administrative Hearing Officer RECOMMENDED ACTION: 1. Conduct interviews for Administrative Hearing Officer. 2. Provide direction to staff regarding the expired term of the Administrative Hearing Officer. REPORT SUMMARY: The following people have been scheduled for interviews: 5:30 p.m. Bradley Bening Administrative Hearing Officer 5:45 p.m. Linda J. LeZotte Administrative Hearing Officer Under Section 3-15.070 of the Saratoga City Code establishes the position of Hearing Officer to hear and decide appeals of orders, decisions or determinations made by the City Manager relative to the application and interpretation of the Code Enforcement provisions of the Saratoga City Code. The City has an Administrative Hearing Officer position vacant due to the contract expiration of attorney Barbara Specter. Barbara Specter served as the Administrative Hearing Officer for the City from August 1, 2001 to December 31, 2006. FISCAL IMPACTS: City shall pay Administrative Hearing Officer for work performed and reimbursable costs incurred pursuant to the Contract. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not have a hearing officer and the City Council would need to appoint a Board of Appeals to hear pending appeals. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: If Council selects a Hearing Officer staff would bring back an Independent Contractor Agreement for approval at the April. l 8, 2007 City Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Responses to the RFP from applicants i March 15, 2007 City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Dave Anderson City Manager Re: Response to RFP for Hearing Officer Dear Mr. Anderson: Please accept this as the background information with regard to our response to the request for proposal for administrative hearing officer. 1. Information on firm or attorney: A. Address: Willoughby, Stuart & Bening, Inc. 50 West San Fernando, Suite 400 San Jose, CA 95113 B. Type of organization: Professional Corporation C. Type of legal services: Business, real estate, administrative law, litigation, insurance coverage, professional liability. D. Name of attorney with primary responsibility: Bradley A. Bening, Bar # 104221. Curriculum Vitae attached. E. No associates are expected to provide services. City of Saratoga . March 15, 2007 Page 2 2. Person to whom correspondence should be sent: Bradley A. Bening, Esq. 50 West San Fernando, Suite 400 San Jose, CA 95113 Phone: 408-289-1972 3. Professional Errors & Omissions Information: Travelers Insurance, limits $5 million. 4. 10 Cases or Matters handled by primary attorney (see attached). 5. Technical methodology for providing administrative hearing officer services: A. Planning and organization of administrative services to the City: First, Mr. Bening would request meetings with the appropriate staff, and prior hearing officers, to obtain information and an evaluation as to the effective administration of • hearings in light of the community culture and issues. Second, Mr. Bening would study and evaluate the codes and regulations as they relate to the City, and the Rules of Procedure for Administrative Appeals promulgated by the City. Finally, Mr. Bening, who has been appointed referee, arbitrator and Special Master by the by the Santa Clara County Superior Court, would be certain that all ethical considerations and judicial guidelines for conducting administrative hearings are followed in order to ensure the process has absolute integrity and due process. B. Mr. Bening began practicing in 1982, and has acted as arbitrator, mediator, referee and Special Master in more than 500 cases. He is acute aware that appropriate judicial demeanor, ethics, and sensitivity to the parties is essential to all parties having confidence in the administrative process. Mr. Bening has handled more than 20 administrative matters in front of local public entities, the Department of Real Estate, and the State Bar. He has extensive experience in construction and real estate, having sat as a panelist for numerous continuing legal education seminars on the topics. He is knowledgeable in the areas of the probable issues, as well as the process, and would work to be certain all involved had confidence their position was fairly considered, and the issues decided impartially with the highest of ethics. C. As noted above, Mr. Bening is sensitive to the context of administrative hearings involving government agencies. The process needs to have integrity, and the parties, especially the appellant, needs to be certain their side of an issue has been fully considered, and the rules of law have been applied in a fair manner. This includes an appropriate demeanor during all hearings and City of Saratoga March 15, 2007 Page 3 in all communications with the parties, as well as a reasoned decision explaining the basis of the outcome. BERLINER COHEN ATTORNEYS AT LAW ~c~~a~~`?`F~`~.r t MAR 2 8 2007 CI 1 s~ U(- ~Y{{ri ~ Q~7t1 SANFORD A. BERLINER` R06ERT L. CHORTEK THOMAS P. MURPHY LAURA PALAZZOLO ANDREWLFABER IONATHAN D.WOLF A PARTNERSHIP INCLUDING H. ANN LIROFF AARON M. VALENTI RALPH J.SWANSON KATHLEEN K. SIPLE PROFESSIONAL CORPORATIONS VICTOR A. PAPPALARDO SHANNON N. COGAN PEGGY L. SPRRJGGAY KEVIN F. KELLEY CHRISTIAN E. PICONE A. BRYAN DIAZ, JR. JOSEPH E. DWORAK MARK MAK[EW1CZ TEN ALMADEN BOULEVARD EILEEN P. KENNEDY CLAIRE L. IMELLI SAMUEL L FARR ROBERTA S HAYASHI ELEVENTH FLOOR THOMAS D. MORELL KARA L. ERDODI ALAN 1. PINNER IEFFREY 5. KAUFMAN $AN JOSE CALIFORNIA 95 1 1 3-2233 SETH 1. COHEN ANDREW J. GIORGIANNI FRANK R. UBHAUS IOLIE HOUSTON , CHRISTINE H. LONG FORREST W. HANSEN LRJDA A GALLON BRIAN L. SHETLER BRADLEY G. HEBERT GENEVIEVE M. NICKERSON 1AMES P. CASHMAN IOHN F. DOMINGUE TELEPHONE: (408) 286-5800 DAVID D. WADE. I-BATHER H. MUNOZ STEVEN 1. CASAD HARRY A. LOPEZ FACSIMILE: (408) 998-5388 THOMAS E. EBERSOLE SANDRA G. SEPULVEDA NANCY 1. JOHNSON CHAILLES W. VOLPE MILES J. DOLMGER IEROLD A. REITON MICHAEL VIOLANTI www.berlineLCOm •A Professional Corporation IN ASSOCIATION WITH OF COUNSEL RETIRED HUGH L. ISOLA SAMUEL I. COHEN MCG RA NE GAE ENFIELD LLP STEVEN L. HALLGRIMSON ROBERT W. HUMPHREYS SAN JOSE SAN FRANCISCO ERIC WONG LRJDA J. LEZOTTE NANCY L. BRANDY DAN W. COOPERIDER Branch Office -Merced, CA March 22, 2007 Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, Ca 95070 Re: Administrative Hearing Officer Dear Dave: Pursuant to my conversation with Richard Taylor please accept the following proposal in response to the RFP. 1. I will be the principal attorney handling the Administrative Hearings. I joined Berliner Cohen in January and practice in the land use department. As my enclosed resume indicates I have practiced law in the Bay Area since 1980 when I received my JD and I received a LLM -Masters in Tax in 1983. My state bar number is 9~ 704. 2. I can be reached at the above address and phone number. In addition my cell phone number is 408.823.8200. 3. I am covered under the Berliner Cohen Professional Errors and Omissions Malpractice Insurance which is offered by Attorney Insurance Mutual Risk Retention Group, Inc. 4. During the past 26 years I have practiced in the area of corporate law and estate planning. A principal function of my practice was the ability to listen to and understand my clients' wishes and dreams for their future success and endeavors. The art of listening and thereafter drafting contracts, trusts, and agreements was critical to my success as a lawyer. ~~ \LLEZOTTE1721002.1 032107-84316006 Dave Anderson, City Manager City of Saratoga March 22, 2007 During the last 20 years in addition to my practice I was an active member of my neighborhood and community working to resolve problems as a leader in my neighborhood association, a planning commissioner and council member for the City of San Jose. As a Planning Commission member and chair, I presided over meetings involving a full range of land use development, appeals, master plans and general plans twice a month for 6 years. These meetings generally saw neighborhood involvement and comment which required the weighing of impacts on neighbors and neighborhoods. The decisions making process - applying the council policies, goals and the law to a project before the Commission provides me with direct experience relative to the position of administrative hearing officer. As a Council member I was involved directly with appeals from the Planning Commission including environmental documents, conditional use permits, special use permits, along with the weekly decisions made by the council in weighing projects and policies in light of the proponent and opponent testimony. Additionally, as a council member I conceived of and developed with Code Enforcement staff the highly successful Vehicle Spotter Program. The VSP is a neighborhood driven program which addresses abandoned and stored vehicles on neighborhood streets. I was directly involved in changes to our Tree ordinance involving the illegal removal of trees without permits. I helped develop the Anti-graffiti program which is modeled after the VSP program. All of the above referenced policies and programs involved my direct contact with Code Enforcement and the City Attorney's office to develop programs and policies which would be enforceable by the City. Finally, as council liaison to the Hearing Appeals Board (similar to the Hearing Officer) I participated at their annual retreat to gain a further understanding of their work as commissioners. 5. As a member of the land use department at Berliner Cohen I have the ability to call upon two individuals who are City Attorneys (Gilroy and Los Altos and formerly Santa Clara) with regard to the unique considerations of providing services to a governmental agency. Additionally my work in support of their practice has also given me a direct understanding of the role of lawyer/public entity representative. Finally, my work on the City Council with Code Enforcement generally and specifically in my council district gives me a unique perspective as a developer; implementer and enforcer of City codes and. policies. I believe that experience will translate directly into the role of administrative hearing officer. The partners in the land use department support my submittal of this response to the RFP and understand that my discounted billing rate to the City of Saratoga of $200/hr is below the rates charged to other cities for City Attorney services by the firm. The firm offers numerous conference rooms for hearings and a full complement of secretarial staff, a law library, and on line links to legal research to support the provision of administrative hearing services to the City of Saratoga. 1LLEZOTTE1721002.1 -2- 032107-84316006 Dave Anderson, City Manager City of Saratoga March 22, 2007 I look forward to hearing from you. llezotte Enclosure cc: Richard Taylor Very truly yours, BERLINER COHE , <., ~~~ LINDA J. LEZO T E-Mail: I inda.l ezotte@ber(ineccom ILLEZOTTE1721002.1 -3- 032107-84316006 BERLINER C®HEN Attorneys At Lnzv Sara jvse • Mercccl Linda J. LeZotte Of Counsel, Land Use & Municipal Law Email: linda.lezotte@berliner.com Telephone: 408-286-5800 Experience Ms. LeZotte comes to Berliner Cohen having served 8 years as a distinguished member of the San Jose City Council and 6 years as a San Jose Planning Commissioner. Prior to public service Ms. LeZotte practiced for three decades in the areas of corporate, partnership and estate planning law. Ms. LeZotte will focus on corporate development, land use, environmental and municipal law. Education/Honors • Golden Gate University School of Law, LLM (1983) • Lincoln University School of Law (San Francisco), JD (1980) • Moot Court Competition, Best Oral Argument • San Jose State University • B.S. -Business Administration (1973) • B.A. -Behavioral Science (1973) • Foothill Jr. College - AA Business Administration (1968) Activities/Memberships • State Bar of California • Environmental and Real Property Law Sections • Santa Clara Courity Bar Association • Women Lawyers Committee -Past President • Sustainable Silicon Valley • Advisory Board Linda J. LeZotte Berliner Cohen Ten Almaden Blvd., 11th Floor San Jose, California 951 13 Telephone: (408) 286-5800 Facsimile: (408) 998-5388 BERLINER COI~EN ' Attorneys At Lnw San Jose ~ Merced • Resources Area for Teachers • Board of Directors • Presentation Conference & Retreat Center • Board of Directors • San Jose-Dublin Sister City Committee • Salvation Army Adult Rehabilitation Center • Advisory Board • Rotary Club of San Jose North Representative Speaking Engagments • Sustainable Silicon Valley -San Jose's commitment to become an environmentally and economically sustainable city. Conference of U.S. Mayors -United Nations World Environment Day, San Francisco, 2005. • Promoting sustainable/green design - a city council member's perspective. Green Building Fair, San Jose, 2005. • Sustainable San Jose -One Year Later. SSV's First Annual Report of CO2 emission reductions, San Jose, 2005 • Safe Medicine Disposal -Implementing SB798. Santa Clara County's implementation of a Safe Medicine Disposal Program. San Jose, 2006 Professional Affiliations & Admissions • United States Tax Court, 1988 • United States District Court, Northern District of California, 1980 • Supreme Court of California, 1980 • State Bar of California, 1980 Achievements • Legislator of the Year, League of Conservation Voters • Lifetime Achievement Award/Legislator of the Year -San Andreas Regional Center • Legislative Leadership Award, Silicon Valley Toxics Coalition Linda J. LeZotte • Berliner Cohen Ten Almaden Blvd., 11th Floor San Jose, California 951 13 Telephone: (408)286-5800 Facsimile: (408) 998-5388 !/ SARATOGA CITY COUNCIL MEETING DATE: April 4, 2007 AGENDA ITEM: ORIGINATING DEP ity Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Cathleen Bo er C' erk SUBJECT: Commendation Honoring the Bernice Giansiracusa RECOMMENDED ACTION: Present certificate of appreciation. REPORT SUMMARY: The attached certificate of appreciation honors Bernice Giansiracusa for volunteer service for the past 16 years. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of the certificate SARATOGA CITY COUNCIL MEETING DATE: Apri14, 2007 AGENDA ITEM: 3 ORIGINATING DEPT:~ty Manager's Office CITY MANAGER: ~~~~ PREPARED BY: DEPT HEAD: n ~~ SUBJECT: Commendation,~Ionoring the Church of Jesus Christ of Latter Day Saints RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation honors the Latter Day Saints for their efforts on .March 17, 2007. The Congregants gathered and assembled 9,990 hygiene kits for disaster victims. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of the commendation SARATOGA CITY COUNCIL MEETING DATE: Apri14, 2007 ORIGINATING DEP .: Manager's Office t PREPARED BY: Cath n B yer, City Clerk AGENDA ITEM: ~~ CITY MANAGER: DEPT HEAD: Dave Anderson, City Manager SUBJECT: SHIFT Coalition (Safety & Health Is First) RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Ms. L.D Hirschklau will be providing a brief presentation on SHIFT. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -SHIFT Information j 1~~ QQQ ' o u 0 COALITION °~~ Un~Crage ~rio~i.q is no~ a rt:NOR issue. SHIFT Coalition 17421 Farley Road West Los Gatos, California 95030 408.354.2520 x222 P ' FOR IMMEDIATE RELEASE Contact: Ms. LD Hirschklau, (408)354-2520 x.222 March 13, 2007 The SHIFT Coalition of Los Gatos, Monte Serena and Saratoga, today released results from parent surveys about teens and underage drinking. The findings were based on returns from 880 parents of school age children. SHIFT represents 50 coalition partners and supporters who are working to change perceptions, attitudes and norms regarding underage alcohol use, giving a voice to the silent majority of teens who do not drink. LD Hirschklau, Program Director, stated, "More than 80% of the parents responding say there is a problem with teen drinking in our communities. A full 40% of the parents taking the survey online wrote in detail of their specific concerns. "Just as with the teens we surveyed, we found that 60% of the parents overestimated the number of students that are drinking. However, they were spot on in their perception that there are unsupervised parties where alcohol is served to teens. And, 36% believe that teens could be served alcohol at a street faire, such as the one held in Saratoga. "Nationally, youth report that parents are the number one influence regarding their choices about alcohol. Local families care deeply about the safety and health of their youth.. In our own communities, there are many factors that facilitate teen drinking. Our parents report that they do not support them, • 85 % do not serve alcohol to their own teens. • 97% do not agree with renting hotel rooms for grad night parties. • 100% do not want teens drinking when parents are not there. • 86% do not believe that teen drinking helps kids get ready for college social life "Often, we see that there is a disconnect between knowing what is a safe environment and acting to make a safe environment. While 92% of us have alcohol in our homes, only 4% of us lock up or monitor our alcohol. And, the most common place to store alcohol is in a kitchen cabinet, these parents told us. 86% of parents correctly think that teens who drink get their alcohol from their own homes without adults knowing. Based on the survey results, the Coalition will begin working on several levels with local families to reduce the access that underage youth have to alcohol." Pencil and paper surveys were obtained from 259 parents in the summer of 2006, handed out by Coalition leaders. An additional 621 parents responded to an online survey, the link to which was sent out to parents in the local high schools and middle schools. l- J ,' a . ~, ` ~ ~ ~ SHIFT Coalition Q Q 17421 Farley Road West u a Los Gatos, California 95030 C O A t. I T I O N o~~ 408.354.2520 x222 . (1n~erd~e l~rinEir~q is noj d HINoR issue FOR IMMEDIATE RELEASE Contact: Ms. LD Hirschklau, (408)354-2520 x.222 March 13, 2007, STUDENT SURVEY RESULTS The SHIFT Coalition of Los Gatos, Monte Sereno and Saratoga, today released results from over 1,100 student surveys about teen alcohol use and perception of peer use. SHIFT represents 50 coalition partners and supporters who are working together to change perceptions, attitudes and norms regarding underage alcohol use, giving a voice to the silent majority of teens who do not drink. The surveys were administered between May and December, 2006. LD Hirschklau, Program Director, stated, "We are greatly relieved to find out that fewer high school students in our 3 communities are drinking than we had believed. In fact, we found quite a gap between what's really happening and what students believe is happening. In reality, 38% reported that they had a drink in the past 30 days. `Everybody' is NOT doing it! However, 92% of the students believed that the typical student at their school was drinking -they think `everybody is doing it!' Here's another contrast between reality and perception: 35% stated they attended a party where students drank alcohol in the last month, yet 83% believe the `typical student' went to such a party. And, when hanging out or socializing with their friends, 92% of the time local students usually choose nonalcoholic beverages. It seems we have a lot of myths to dispel." Hirschklau went on to say how concerned the SHIFT Coalition is about the students that are drinking, since mounting evidence now shows that using alcohol damages cognitive development in the teenage brain, and that 47% of those who start drinking at an early age will become alcohol dependent at some point in their lives. She added that focus groups of students expressed the very same concern: they are worried about their friends who are heavily involved in alcohol use. Ms. Hirschklau mentioned that while the majority of young people do not use alcohol, those who do are more likely than adults to drink heavily, to binge drink. In addition, 92% of the students rated it easy or very easy to get alcohol. About 38% of the students at both high schools completed the survey. Students ranged in age from 14 to 19, but the largest portion (33%) were juniors. The results of the surveys closely match the results from the California Healthy Kids survey of all 11th graders, administered in Fall, 2005. Those surveys showed 40% of students had used alcohol in the month before testing. The results also mirror national statistics: a 2006 survey of 18,500 students found that 34% of 10th grade and 45% of 12 grade students drank alcohol in the past 30 days. (www.monitoringthefuture.or~) Based on the information gathered and on what works in communities like ours, the Coalition has selected two strategies: a media campaign that "tells the truth" about teen alcohol use, and an access campaign that presents more obstacles to use. Both of these strategies were used to reduce tobacco use -and look where we are toda SHIFT Coalition o ~ ~ 17421 Farle Road West `u ~ ~ Los Gatos, Cal fornia 95030 COALITION ° g ~ 408.354.2520 x222 (lndetd4e ~~;~;~ is not d MINOR iss.~G ~ • March 13, 2007 Annual Coalition Meeting: What we have learned about our communities.... and the strategies we are implementing in response: Introduction and. Welcome Data Collection Summary with Clicker Demos: • Parents •'• Students 1st Strategy -Social Norm Campaign • Data highlights, • • Parent • Student • Youth Committees Reports • First Student Poster • Postcards to parents 2"d Strategy -Limiting Access -Break-Out Groups t) Getting Survey results to families and community 2) Securing alcohol in the home 3) Liability/The Law 4) Family Events in the Community 5) Schools -How can SHIFT provide support? Debrief Next Steps and Press Releases • ., .~ llr•~~~~~ P~fRID~~...,;x'y EVE~Y~NE'~.~ N ~o ., i F COALITION "3~~ Un~era~e ~ri.iki.~ is no} a HINOR iss,~e. ..~m- What is the SHIFT* Coalition and what does it do? The SHIFT Coalition (Safety and Health Is Firs T) is a broad-based coalition of parents, youth, volunteers, educators, agencies, government and more (see coalition list on back) whose focus is enhancing the safety and health of youth in Los Gatos, Monte Sereno and Saratoga by making significant change in underage drinking attitudes and behaviors. Our perception of alcohol use by teens is actually an exaggeration of.teen alcohol use. This misperception creates an environment around teens that plays a big part in the acceptance of underage drinking. SHIFT is about looking at the realities, and shifting the environment so that underage drinking is less acceptable and less feasible. This coalition is not about outlawing alcohol. It is about delaying and reducing teen use by shifting attitudes, behaviors and, consequently, norms regarding underage drinking. Anyone who lives in, works in, has family members in, or is affected in some way by the communities of Los Gatos, Monte Sereno and Saratoga, is welcome to join the coalition. • vision Statement ®f the SHIFT Coalition of I,os t~atos, ~+ionte Sereno and Saratoga: The Shift Coalition envisions schools, f a~nilies and our communities committed to the health and safety of our youth by ~na~ing significant change in underage drinking attitudes anti behaviors. This environmental change can be accomplished through our two strategies: • Social Norms Change • Decreased Access Both of these will be addressed today, at the March 13, 2007, Annual Coalition Meeting. V g COALITION ~gS ry,~era~e ~ri~cinea is ho/` d MINAZ iss,ie. SHIFT Coalition 17421 Farley Road West Los Gatos, California 95030 408.354.2520 x222 HIGHLIGHTS OF THE PARENT SURVEY, March 13, 2007 SHIFT Coalition 1. What do parents believe about teens and drinking? • 89% agree that people under 18 should not drink. • 80% say there is a problem with teen drinking in our communities. • 100% say it is NOT okay for teens to drink when parents are not home. • 93% say it is NOT okay for teens to drink at home, so that they don't drink and drive. • 86% say allowing students to drink in order to get ready for college parties is not a good idea. • 60% of parents overestimate the number of students that drink. • 40% left online comments of their concern. 2. What are parents' own practices regarding alcohol? • 92% of us have alcohol in our home. • 86% believe that teens take alcohol from homes without parents knowing. • Only 4% of us lock up or monitor our alcohol. The most common place to store alcohol is a kitchen cabinet. • 15% serve alcohol to their own teens. Many parents left comments saying that this was mostly sips for religious or celebratory purposes. • Less than 2% serve alcohol to teens other than their own. 3. What do parents believe about local teen parties? • Parents say 50-60% of parties have no parents in attendance. • 99% believe there are unsupervised parties where alcohol is served to teens. • 58% report they routinely call the host before their teen attends a party. 4. What do parents think about legal ramifications of teen drinking? • ' 45% believe local law enforcement is doing a good job of enforcing underage drinking laws. • 29% don't know what their liability would be if their teen, after drinking, is in a traffic accident. • 46% don't know what their liability would be if someone else's child were found drinking in their home. Results were obtained through 259 paper surveys, summer, 2006, plus 621 online surveys completed October 2006 -February, 2007. Parents on the list-serves of Los Gatos High School, Saratoga High School, Fisher Middle School, Hillbrook School and CT English School received the link to the survey and were asked to respond. Most of the respondents had at least one child in high school. HIGHLIGHTS OF STUDENT SURVEYS SHIFT Coalition, Los Gatos and Saratoga High Schools, 3 - 13 - 07 REtB+LITY IS DIFFERENT FROM PERCEPTION Drank at least once in the past 30 days. 38~°'/o Re orted havin a drink When hanging out, students drink soda, water or juice. When hanging out, students drink 8 % Re orted the choose alcohol when out with friends alcohol. Believe there is nothing wrong with ~3]j% a ee iYs oka"'~ people under 21 drinking. Attended a party where students X35 % a_ttended®I ~ -- _ _ - drank. Students answering honestly. 99 %o of students declare that the, answered honestl. Legend: green = ~~~hat a shu{ent reports, purple =student's beliet of what others are doing/ thinknlg • Reality: are high school students drinking/partying? 0 38% said they drank at least once in the last 30 days. 0 92% of students responding said they usually choose nonalcoholic beverages when hanging out/socializing. 0 35% had attended a party where students drank alcohol in the last month. o Most students who drink were 14-15 when they had their first full drink. • Perception: what do students believe about their peers? 0 92% think that "the typical student" drank in the last 30 days. 0 83% believe their peers went to a party where alcohol was available in the last 30 days. • Where do high school students who drink get their alcohol? 0 41% got alcohol from a friend under age 21, who got it from...... o Focus groups reported that students get alcohol at their own or someone else's home, mostly without parents knowing. 0 92% rated it easy to very easy to get alcohol. 0 88% drank at someone else's house. Above data based on student surveys conducted by the Shift Coalition of more than 1,100 students in Los Gatos and Saratoga High Schools during the period May -December, 2006. Students ranged in age from 14 to 19, but the largest portion (33%) were juniors. wwcvshiftcoa Iition.orQ r C ~ ~ ~, ~ . ~ ~ ~ ¢ ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C cv '~' ~ O O ~ ~. :-+ ~ ~. • 0 0 0 ~. O • 0 ~. ~- O O • y 0 ~. cr ~. c~ ._ • ono 0 b C c~ --- ~- `~' Z- rn --a-. rn 0 rn ~ ~ C~ ~ -t ,_ C!~ ~+ ~--+ ~.-+ • ~• -~ • CD C/~ CD ~ ~-+ ~ C~ ~. e-t- ~-+ ~ ~ ~ ~_ ~ ~_ ~ ~ ~ ~+ ~ • ~.~/ CD ~_ `~ V1 ~_ e~- C Cl~ S ~ _ N_ ~ ~ rn -~-- rn ~ Z rn_ N • C `~ SARATOGA CITY COUNCIL MEETING DATE: Apri14, 2007 AGENDA ITEM: ORIGINATING DEPT-Cit,~D/Ianager's Office CITY MANAGER: ~~ PREPARED BY: Clerk DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -February 7, 2007 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 February 7, 2007 MINUTES SARATOGA CITY COUNCIL FEBRUARY 7, 2007 The City Council of the City of Saratoga held a Joint Session with the Saratoga Senior Coordinating Council (SASCC) in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following SASCC Board members were present: President John Feemster, Ron Duff n, Ethe] James, Dave Duffy, Masami Ishikawa, David Meeker, Barbara Mendenhall, Aki Okuno, Helen Riley, Suzy Siegler, Gloria Watson, and Frances Wasserman. President Feemster briefly highlighted thefollowing information regarding SASCC: • Mission statement • Services provided • Senior Center problems • SASCC History • SASCC Operations • Demographics • Growth Limitations • SASCC Endowment • Space Needs Mayor Kao thanked the SASCC Board for attending tonight's Joint Session. Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith Mayor Aileen Kao, ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 7, 2007, was properly posted on February 1, 2007. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: . Laura Watkins read an article titled "Why We Need to Celebrate Girls and Women in Sports". Citizen Ray noted that he recently reviewed the pedestrian component of the Highway 9 Safety Improvement Project and noticed that in Saratoga the section by Three Oaks near the Fire Station was missing. Pricilla Ho discussed the West Nile Virus. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Genie Dee noted that she was the Executive Director of the Saratoga Area Senior Coordinating Council (SASCC). Director Dee noted that prior to the meeting the Council held a joint session with SASCC. Director Dee noted that SASCC appreciated the City's continued support over the years. Director Dee briefly highlighted SASCC's 2006 accomplishments and noted that they are concentrating on ethnic outreach. Director Dee noted that SASCC has had 170 new members since July 1 S`. Director Dee requested a long term contract with the City and an additional Senior Center. ANNOUNCEMENTS Councilmember Page reminded everyone that the City's new solid waste and recycling hauler, West Valley Collection & Recycling (WVC&R), would be hosting a Community Meeting in the Civic Theater on February 13`h at 6:00 p.m. Councilmember Hunter reminded everyone that this Sunday, February 11`h was the Village Fashion from 4-7 p.m. Councilmember Hunter stated that all proceedings go directly back into the Village. CEREMONIAL ITEMS lA. PROCLAMATION CELEBRATING LUNAR NEW YEAR STAFF RECOMMENDATION: Read proclamation. Mayor Kao read proclamation and presented it to Lisa Liu. SPECIAL PRESENTATIONS 2A. COMMUNITY PRESENTATION ON HOW CHINESE CELEBRATE THE LUNAR NEW YEAR Lisa Liu presented a brief presentation explaining the history and traditions of Lunar new Year. • 2 CONSENT CALENDAR 3A. CITY COUNCIL MINUTES -JANUARY 3, 2007 STAFF RECOMMENDATION: . Approve minutes. WALTONSMITH/HUNTERMQVED TO APPROVE COUNCIL MINUTES FROM JANUARY 3, 3007. MOTION PASSED 5-0. 3B. CHECK REGISTER FOR JANURRY 9, 2007 STAFF RECOMMENDATION: Accept check register. WALTONSMITH/HUNTER MOVED TO ACCEPT CHECK REGISTER FROM JANUARY 9, 2007. MOTION PASSED 5-0. 3C. CHECK REGISTER FOR JANUARY 23, 2007 STAFF RECOMMENDATION: Accept check register. WALTONSMITH/HUNTER MOVED TO ACCEPT CHECK REGISTER FROM JANUARY 23, 2007. MOTION PASSED 5-0. 3D. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 07-007 WALTONSMITH/HUNTER MOVED TO ADOPT RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS. MOTION PASSED 5-0. 3E. ORDINANCE ADOPTING VIDEO SERVICE STANDARDS STAFF RECOMMENDATION: Adopt Video Service Standards Ordinance. ORDINANCE: 250 WALTONSMITH/HUNTER MOVED TO ADOPT AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING VIDEO SERVICE STANDARDS. MOTION PASSED 5-0. 3F. SECOND READING FOR THE CITY INITIATED ZONING MAP AMENDMENT RELATING TO THE ELEVEN (11}PARCELS, OF WHICH THREE (3) PARCEL REQUIRE A ZONING MAP AMENDMENT AND EIGHT (8) PARCELS REQUIRE GENERAL PLAN LAND USE MAP AMENDMENT IN ORDER TO CORRECT AN INCONSISTENCY IN THE CITY'S GENERAL PLAN LAND USE MAP AND ZONING ORDINANCE MAP STAFF RECOMMENDATION: Adopt resolution. ORDINANCE: 249 WALTONSMITH/HUNTER MOVED TO ADOPT AN ORDINANCE AMENDING THE ZONING MAP TO CHANGE THE ZONING OF PARCELS 517-12-020, 517-12-021, and 517-12 - 022 FROM R-1- 40,000 TO R-1-20,000. MOTION PASSED 5-0. 3G. INDEPENDENT CONTRACTOR AGREEMENT FOR HEATHER BRADLEY STAFF RECOMMENDATION: Authorize the City Manager to execute the agreement with Metropolitan Planning Group for planning and development services. WALTONSMITH/HUNTER MOVED TO AUTHORIZE THE CITY . MANAGER TO EXECUTE THE AGREEMENT WITH METROPOLITAN PLANNING GROUP FOR PLANNING AND DEVELOPMENT SERVICES. MOTION PASSED 5-0. 3H. 2006 ANNUAL CONCRETE REPAIR PROJECT -EXTENSION OF CONSTRUCTION CONTRACT TO PERFORM TRAFFIC SAFETY WORK AT RANFRE STAFF RECOMMENDATION: 1. Authorize an increase to the change order authority for an existing construction contract with George Bianchi Construction, Inc. in the amount of $20,000; 2. Approve Budget Resolution. RESOLUITION: 07-008 WALTONSMITH/HUNTER MOVED TO ADOPT RESOLUTION AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA FOR FISCAL YEAR 2006-2007 TO PROVIDE FUNDING FOR RANFRE LANE "REFUGE" POCKET. MOTION PASSED 5-0. 3I. ADDITION AND ALTERATION TO THE JAMES MCWILLIAMS • HOUSE- NOTICE OF COMPLETION 4 STAFF RECOMMENDATION: Accept the Addition and Alterations to the James McWilliams House project as complete and authorize staff to record the Notice of Completion for the construction contract. WALTONSMITH/HUNTER MOVED TO ACCEPT THE ADDITION AND ALTERATIONS TO THE JAMES MCWILLIAMS HOUSE PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0. 3J. ALOHA STREET SAFETY IMPROVEMENTS -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: 1. Move to award a construction contract to Duran & Venables, Inc. in the amount of $34,710 2. Move to authorize staff to execute change orders to the contract up to $15,000 3. Move to authorize Public Works to purchase landscaping materials in the amount of $10,000 4. Move to authorize construction staking with Allied Engineering, Inc. in the amount of $5,000 Councilmember King requested that this item be removed from the Consent Calendar. Councilmember King asked about the proposed landscape design. Director Cherbone stated that numerous neighborhood meetings were held in regards to the landscape design and he has complete buy-in from the neighbors. Councilmember Hunter stated that when This item came before Council last year she was opposed to it. Councilmember Hunter noted that there has been an increase of traffic on the surrounding streets. Councilmember Hunter noted that she would not support this item. Vice Mayor Waltonsmith stated that there was a possibility in an increase of traffic in the neighborhood but the upside was that safety was improved. KING/WALTONSMTI'H MOVE TO AWARD A CONSTRUCTION CONTRACT TO DURAN & VENABLES, INC. IN THE AMOUNT OF $34 7l0• AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $IS 000; AUTHORIZE PUBLIC WORKS TO PURCHASE LANDSCAPING MATERIALS IN THE AMOUNT OF $10,0 AUTHORIZE CONSTRUCTION STAHING WITH ALLIED ENGINEERING INC. IN THE AMOUNT OF $5,000. MOTION PASSED 4-1 WTTH HUNTER OPPOSING. 3K. MONTALVO EMERGENCY ACCESS EASEMENT ACCEPTANCE STAFF RECOMMENDATION: Accept Emergency Access Easement granted by Montalvo Arts Center. WALTONSMITH/HUNTERMQVED TO ACCEPT EMERGENCY ACCESS EASEMENT GRANTED BY MONTALVO ARTS CENTER. MOTION PASSED 5-0. 3L. APPROVAL OF USER AGREEMENTS WITH AYSO, CYSA, WEST VALLEY LACROSSE CLUB FOR USE OF PROSPECT HIGH SCHOOL'S TURF FIELD STAFF RECOMMENDATION: Approve User Agreements with AYSO, CYSA, and West Valley Lacrosse Club for the use of Prospect High School's turf field for organized sport use and authorize the City Manager to execute the same. Councilmember King requested that this item be removed from the Consent Calendar. Councilmember King noted that on page 2 of 6 of the contRact item F be amended to include Prospect High School's request that no food or drinks be sold on the campus. • City Attorney Taylor suggested appropriate language for the amended section. KING/WALTONSMITH MOVED TO APPROVE USER AGREEMENTS AS AMENDED WITH AYSO, CYSA, AND WEST VALLEY LACROS_S__E CLUB FOR THE USE OF PROSPECT HIGH SCHOOL'S TURF FIELD FOR ORGANIZED SPORT USE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0. 3M. ADOPT RESOLUTION OPPOSING PROPOSED STATEWIDE LEGISLATION SB49 STAFF RECOMMENDATION: Adopt Resolution RESOLUTION: 07-009 WALTONSMITH/HUNTERMQVED TO ADOPT RESOLUTION OPPOSING THE PROPOSED STATEWIDE LEGISLATION (SB 49). MOTION PASSED 5-0. ., PUBLIC HEARINGS 4. CITY OF SARATOGA'S LOCAL HAZARD MITIGATION PLAN ANNEX PURSUANT TO THE DISASTER MITIGATION ACT OF 2000 6 STAFF RECOMMENDATION: , 1. Conduct public hearing. 2. Authorize City Manager to submit the Local Hazard Mitigation Plan (LHMP) Annex and mitigation matrices to the Association of Bay Area • Governments (ABAG) and the Federal Emergency Management Agency (FEMA) for their review and comment. Barbara Powell, Assistant City Manager, presented staff report. Mayor Kao opened the public hearing and invited public comments. The following person requested to speak on this item: Cheriel Jensen suggested that the City look into undergrounding all of the City's power. Mayor Kao closed the public hearing. . WALTONSMITH/KINGMOVED TO AUTHORIZE CITY MANAGER TO SUBMIT THE LOCAL HAZARD MITIGATION PLAN (LHMP) ANNEX AND MITIGATION MATRICES TO THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THEIR REVIEW AND COMMENT. MOTION PASSED 5-0. Consensus of the City Council to add that the undergrounding of utilities in the • future be considered if when and where feasible: OLD BUSINESS None NEW BUSINESS 5. REMOVAL OF TWO REDWOODS AT THE CITY'S HISTORIC PARK LOCATED AT 20450 SARATOGA-LOS GATOS ROAD STAFF RECOMMENDATION: Approve the request by the Historic Foundation to remove two redwoods in the Historic Park. Kate Bear, City Arborist, presented staff report. City Council discussion on the various options presented in staff report. The following people requested to speak on this item: April Halberstadt noted that she was the Director of the Saratoga Museum. • Director Halberstadt thanked the Heritage Preservation Commission and the City Council for taking the time to consider this issue. Director Halberstadt noted that this item came before Council because the construction is done and 7 they are ready to landscape the grounds surrounding the Museum. Beth Wyman noted that she is currently the Vice Chair of the Heritage Preservation Commission. Commissioner Wyman noted that the Commission voted to remove the two redwood trees. Cheriel Jensen stated that she supports keeping the redwood trees. City Council discussion regarding the trees at the Historic Park. PAGE/HUNTER MOVED TO REMOVE THE VALLEY OAK TREE AND LEAVE THE TWO REDWOOD TREES. MOTION PASSED 3-2 WITH KAO AND KING OPPOSING. 6. PARKS PRESERVATION AND FIELD USE INITIATIVE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. The following people requested to speak on this item: Denise Goldberg stated that the Parks Preservation Initiative group will submit another withdrawal letter and apologized for the confusion. Mrs. Goldberg pointed out that throughout this process she tried to conduct herself with honor and integrity. Marie Guerra stated that she does not agree with several parts of the proposed initiative especially the "No Sunday Play" and "Twelve Levels of Priority for Field Use". In regards to the Parks and Recreation Commission, Mrs. Guerra suggested that its members should include someone from each sports user group, a citizen at large, and representatives form different neighborhoods. Dave Mighdoll stated that he thought last month the Council voted unanimously to form a group to discuss the initiative and collect input about the issues reflected in the initiative. Mr. Mighdoll stated that the Initiative group should trust the elected officials and withdraw the initiative unconditionally. Elaine Clabeaux stated that the person quoted in the newspaper saying that the initiative drive has not been successful was wrong. Mrs. Clabeaux stated that they have collected many signatures in support of the initiative. Laura Watkins stated the she objected to the title of the initiative and cautioned the Council as they move forward and suggested an environment that would be productive. Scott Emery stated that he feels that the Council should address some of the user groups concerns in regards to the proposed initiative. 8 Howard Miller clearly expressed that there are issues that need to be addressed. Mr. Miller stated that many people are building up walls and spending a lot of money. Mr. Miller requested that the City Council act in a way that the process is not drawn out. Karlina Ott stated that she feels the initiative process is a draconian layer of bureaucracy. City Council discussion in regards to this item. WALTONSMITH/PAGE MOVED TO REQUEST THAT THE PARKS INITIATIVE GROUP RESUBMIT THEIR WITHDRAWAL LETTER TO INCLUDE THE LANGUAGE THAT WAS INCLUDED IN THE LETTER FROM ASSISTANT CITY MANAGER BARBARA POWELL DATED JANUARY 19, 2007. MOTION PASSED 5-0. SANTA CLARA COUNTY CITIES ASSOCIATION -CITY SELECTION COMMITTEE POLICY PRIORITIES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Council discussion on City Selection Committee policy priorities. Council consensus to support priorities that focus on local issues related to Saratoga. SANTA CLARA COUNTY CITIES ASSOCIATION -CITY SELECTION COMMITTEE APPOINTMENT TO THE METROPOLITAN TRANSPORTATION COMMISSION STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Council discussion and unanimous vote of their preference of an "elected" rather than an "appointed" member to serve on the Metropolitan Transportation Commission (MTC). City Council discussion and unanimous support of the following order of preference of people who have shown interest in serving on the MTC: 1. Joe Pirzynski 2. Dean Chu ~. Chris Moylan ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao reported the following information: Cit~School AdHoc -recently met with Prospect High School. Vice Mayor Waltonsmith had no reportable information. Councilmember Page had no reportable information. Councilmember King had no reportable information. Councilmember Hunter reported the following information: Library Joint Powers Association -attended her first meeting and was given a tour of the County's facility. CITY COUNCIL ITEMS Councilmember King suggested moving the scheduled site visits to 9:00 a.m. instead of 3:30 p.m. Councilmember King announced Saratoga High School's upcoming play, "Into the Woods", which will run from this Thursday through Sunday. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 9:45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 10 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2007 ORIGINATING D : , it ~~ PREPARED BY: t i ~ 3~ AGENDA ITEM: Office CITY MANAGER: ~~~~ _ DEPT HEAD: City Clerk Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: • Regular Meeting -February 21, 2007 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 February 21, 2007 MINUTES SARATOGA CITY COUNCIL FEBRUARY 21, 2007 The City Council of the City of Saratoga held a Joint Session with the Saratoga Historic Foundation in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Foundation members were present: President Chuck Schoppe, Peggy Schoppe, Warren Hyde, Bob Louden, Linda Hagelin, Bob Himel, Jack Mallory, Wylis Peck, Ron Hagelin, Laural Perusa, and Museum Director April Halberstadt. President Schoppe highlighted the following in regards to the Foundation: • 2006 accomplishments • Events • Community Outreach • Fundraising opportunities • Marketing efforts • Operational President Schoppe requested the City's continued support and noted that all the Councilmembers were members of the Foundation. President Schoppe voiced some of the Foundation's concerns such as: • Landscaping of the Historical Park • Lack of storage space Not enough parking • Funding issues • Enhanced outreach to the Asian citizens Mayor Kao thanked the members of the Historic Foundation for attending tonight's joint meeting. The City Council of the City of Saratoga met in Closed Session at 6:30 p.m. in the Administrative Conference Room, 13777 Fruitvale Avenue. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel -Existing Litigation (1 case) (Government Code section 54956.9(x)): Suto v. Saratoga et al. (Santa Clara County Superior Court Case No.107CV078657 MAYOR'S REPORT ON CLOSED SESSION Mayor Kao had no reportable information. Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith Mayor Aileen Kao, ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 21, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 21, 2007, was properly posted on February 16, 2007. ORAL COMMUNICATIONS The following people requested to speak: Kathleen Casey stated that there was not enough finding to allow the house on Oak Street to be demolished. COUNCIL DIRECTION TO STAFF None COMMUNICATIONS FROM BOARDS AND COMMISSIONS Chuck Schoppe noted that he was President of the Saratoga Historic Foundation. President Schoppe stated that prior to tonight's meeting the Council held a joint meeting with the Foundation. President Schoppe highlighted the Foundation's accomplishments. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Vice Mayor Waltonsmith announced that the Historic Foundation needs volunteers to help with the Wylis Peck historic project. Vice Mayor Waltonsmith stated that the Foundation also needs free storage space for all of the documents that need to be sorted. Councilmember page thanked Saratoga High School for a great production of "Into the • Woods". Councilmember Page also reminded everyone that the new garbage and recycling hauler, WVC&R, starts on March 1, 2007. City Council Minutes 2 February 21, 2007 Councilmember King requested that WVC&R update the City at the first meeting in April. City Council consensus to ask WVC&R to attend the Apri14`h City Council meeting. CEREMONIAL ITEMS lA. COMMENDATION HONORING MARGARET WANG STAFF RECOMMENDATION: Present commendation Mayor Kao read the proclamation and presented it to Margaret Wang. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -JANUARY 17, 2007 STAFF RECOMMENDATION: Approve minutes. WALTOSNMTII~/KING MOVED TO APPROVE COUNCIL MINUTES FROM JANUARY 17, 3007. MOTION PASSED 5-0. 2B. CITY COUNCIL MINUTES -FEBRUARY 2, 2007 STAFF RECOMMENDATION: Approve minutes Councilmember King requested that this item be removed from the Consent Calendar. Councilmember King pointed out a few errors. WALTOSNMTIH/PAGE MOVED TO APPROVE AMENDED COUNCIL MINUTES FROM FEBRUARY 2, 2007. MOTION PASSED 5-0. 2C. CHECK REGISTER FOR FEBRUARY 6, 2007 STAFF RECOMMENDATION: Accept check register. WALTOSNMTIH/KING MOVED TO ACCEPT CHECK REGISTER FROM FEBRUARY 6, 2007. MOTION PASSED 5-0. City Council Minutes 3 February 21, 2007 • r~ 2D. TREASURERS REPORT FOR MONTH ENDED NOVEMBER 2006 STAFF RECOMMENDATION: Accept report. WALTOSNMTIH/KING MOVED TO ACCEPT TREASURERS REPORT FOR MONTH ENDED NOVEMBER 2006. MOTION PASSED 5-0. 2E. TREASURERS REPORT FOR MONTH ENDED DECEMBER 2006 STAFF RECOMMENDATION: Accept report. WALTOSNMTIH/KING MOVED TO ACCEPT TREASURERS REPORT FOR MONTH ENDED DECEMBER 2006. MOTION PASSED 5-0. 2F. AGREEMENT WITH CIM AIR, INC. FOR HVAC SYSTEM INSTALLATION -NORTH CAMPUS, ADMINISTRATION BUILDING STAFF RECOMMENDATION: Adopt resolution and authorize City Manager to execute agreement. RESOLUTION: 07-018 WALTONSMITH/KiNG MOVED TO ADOPT RESOLUTION APPROVING THE AGREEMENT WITH CIM AIR FOR REMOVAL AND REPLACEMENT OF THE HVAC SYSTEM IN THE ADMINISTRATION BUILDING AT THE NORTH CAMPUS. MOTION PASSED 5-0. PUBLIC HEARINGS 3. APPEAL OF PLANNING COMMISSION DECISION APPROVING A MINOR MODIFICATION OF APPROVED PLANS AT 14261 SPRINGER AVENUE STAFF RECOMMENDATION: Conduct public hearing; uphold the Planning Commisiion approval of a minor modification of approved plans for 14261 Springer Avenue; Refund the appeal fee for the Planning Commission hearing. RESOLUTION: 07- 010 Kate Bear, City Arborist, presented staff report. Mayor Kao opened the public hearing and invited public comments. The following people requested to speak on this item: Yolanda Martin noted that she lived at 12451 Springer Avenue. Mrs. Martin stated she was present tonight because of the construction project located 14261 Springer Avenue, the City's actions, and the effect that has had on her property. Mrs. Martin stated that her main concern is to try and save one maple tree, two City Council Minutes 4 February 21, 2007 olive trees and one oak tree, and require the property owners to install a pervious walkway. Suying Yang noted that she was the property owner at 14261 Springer Avenue. Mrs. Yang read a letter outlining her family's concerns regarding the appeal. Mrs Yang urged the Council to deny the appeal Mayor Kao closed the public hearing. City Council discussion regarding this item. WALTONSMITH/KING MOVED TO DENYING THE APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A MINOR MODIFICATION OF APPROVED PLANS AT 14261 SPRINGER AVENUE AND DO NOT REFUND APPEAL FEE OF $250. MOTION PASSED 3-2 WITH PAGE AND HUNTER OPPOSING. 4. PURCHASING ORDINANCE UPDATE STAFF RECOMMENDATION: Conduct public hearing and introduce and waive the first reading of ordinance regarding purchasing system and direct staff to place ordinance on consent calendar for final adoption. Mary Furey, Administrative Services Director, presented staff report. Mayor Kao opened the public hearing and invited public comments. Seeing none, Mayor Kao closed the public hearing. WALTONSMITH/PAGE MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF ORDINANCE REGARDING PURCHASING SYSTEM AND DIRECT STAFF TO PLACE ORDINANCE ON CONSENT CALENDAR FOR FINAL ADOPTION. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS 5. REQUEST TO FORM A SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) CITY COUNCIL ADHOC COMMITTEE STAFF RECOMMENDATION: Accept report and appoint two Councilmembers to the Adhoc committee. Cathleen Boyer, City Clerk, presented staff report. PAGE/WALTONSMITH MOVED TO APPOINT MAYOR KAO AND VICE MAYOR WALTONSMITH TO THE SASCC ADHOC COMMITTEE. MOTION PASSED 5-0. r-1 ~_J ~~ City Council Minutes 5 February 21, 2007 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao reported the following information: Hakone Foundation -staring their "International Tea" project Vice Mayor Waltonsmith reported the following information Northern Central Flood Control Zone Advisory Board -will be accepting grants for trails Councilmember Page reportable the following information: West Valley Sanitation District -commented on their stable financial situation Councilmember King reported the following information: County Cities Association Legislative Task Force -Dean Chu was appointed t o the MTC Prospect Road AdHoc -heard back from Pete Constance doubts that San Jose will fund the $25,000 since the City is facing major budget shortfalls Councilmember Hunter had no reportable information. CITY COUNCIL ITEMS OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 9:40 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 6 February 21, 2007 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2007 AGENDA ITEM: =;~ ORIGINATING DEPT: City, IV~iager's Office CITY MANAGER: ~~~ PREPARED BY: City Clerk DEPT HEAD: Dave Anderson, City Manager SUBJECT: City Couucil Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: City Council Retreat -March 2, 2007 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 March 2, 2007 MINUTES SARATOGA CITY RETREAT HAKONE GARDENS MARCH 2, 2007 ~.. Mayor Kao called~the Council retreat order at 9:00 a.m. } ROLL CALL PRESENT: Mayor Aileen Kao, Vice Mayor Ann Waltonsmith, Councilmembers Chuck Page, Kathleen King, Jill Hunter ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Barbara Powell, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Cherbone, Director of Public Works John Livingstone, Community Development Director REPORT OF CITY CLERK ON POSTING. OF AGENDA FOR MARCH 2, 2007 Cathleen Boyer, City Clerk reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 2, 2007 was properly posted on February 22, 2006. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Rishi Kumar stated that he applied for the vacancy on the Planning Commission. Mr. Kumar noted that he will be out of town on the evening of the interviews and will be participating via conference call. Mr. Kumar noted that he wanted to personally introduce himself and briefly highlight his background. 1. ORDINANCE PRIORITIES John Livingston, Community Development Director, presented staff report. COUNCIL DISCUSSION Mayor Kao o Concerned with the cost of new ordnances • Supports moving forward with purposed ordinances in the following order: 1. Fence 2. Story Pole 3. Sign 4. Noticing Vice Mayor Waltonsmith • Asked if the order of ordinances in the report was order of priority the Planning Commission approved • Sign and Fence Ordinance -the public would want to be involved in the process • Stay within budget • Get started on Housing Element . • Supports proceeding with the Story Pole and Fence Ordinance Councilmember Page • Suggested using other cities ordinances to cut down on costs • Supports moving forward on the increase in noticing to 500 feet -suggested identifying a specific number of properties to notice • Likes the idea of a notice sign on properties • Supports moving forward on the Fence and Sign Ordinance Councilmember King • Concerned about the amount of time the City's Code Enforcement Specialist spends on code violations • Receives complaints weekly about the Community Development Department • Supports moving forward with the Fence Ordinance • Next priority should be the Sign Ordinance • Stated that in her opinion story poles gives a false sense of security Councilmember Hunter • Suggested using Planning Commission subcommittees to write ordinances to cut down on staff time and City Attorney costs • Suggested that story poles include flags and balloons • Stated that the Fence Ordinance must be done correctly and noted that she does not like 8 foot solid wood fences • Story Pole Ordinance must be done correctly and should be mandatory on the hillsides • Sign Ordinance is important • Get started on the Housing Element PUBLIC COMMENTS Kathleen Casey Cokley suggested that the City could save money if they used another city's sign ordinance. Ms. Cokley suggested using community members to write the ordinances. Linda Rodgers stated that story poles were not only important in the hillsides but also in the flat areas. COUNCIL DIRECTION Majority consensus of the Council to move forward on the Sign and Fence Ordinance. 2. CITY COMMISSIONS, COMMITTEES, AD HOCS, TASKFORCES -PART II Barbara Powell, Assistant City Manager, presented staff report. City Council Retreat Minutes 2 March 2, 2007 COUNCIL DISCUSSION Mayor Kao • Pointed out that the Youth Commission did not have term limits • Would like each City Commission to have clearly defined roles • Commissions can make recommendations to Council • Look at the composition of the Library Commission members, suggested that one member should have a finance background • Definite need for a Parks & Recreation Commission (PRC) Would support a Finance Committee Library Commission offers many benefits • Would support a "Green" policy committee Vice Mayor Waltonsmith • PRC needs a narrower focus • PRC should coordinate with Hakone, local schools and the Heritage Preservation Commisison • Does not support combining the PRC with the Pedestrian, Equestrian and Bicycle Trails Advisory Committee • Arts Commission should have presence in the community -suggested contacting Montalvo • Suggested combining the Arts Commisiion with the Library Commission • City Council should manage the Commission's work plans • Need less of a "top down" management and need more of a "bottom up" feedback process • Supports a Finance Committee with a representative on the Library Commission • Would support increasing the Library Commission meetings to six times per year • Support hiring an additional City staff member Councilmember Page. • Noted that a few Arts Commissioners are still involved in the Art Wall at the Library • Stated that there is a definite need for a PRC • Role of PRC needs to be clearly defined • If more issues arise would be willing to increase the numbers of Library Commission meetings -keep as is Library Commission should take the responsibility to oversee the Library Capital Improvement Fund • Support a Finance Committee with a clearly defined role • Does not support combing the PRC with the Pedestrian, Equestrian and Bicycle Trails Advisory Committee Councilmember King • Would like to identify the mission of the various Commissions • If the Council wants to improve outreach we should look at alternative ways • besides using commissions • In regards to the annual joint meetings between Council and the various City Commissions: City Council Retreat Minutes 3 March 2, 2007 o Commissioners should attend the joint meetings with Council o Present their plans and ideas to Council o Council should discuss their ideas and plans and then give direction as a whole Council • Library Commission -the more they can do themselves the better • There is a need for a PRC -must look at the commitment made to the Parks Initiative group o Requested that this item be agendized at a future meeting for discussion • Library Capital Improvement Funds oversight should be given to a Finance Committee not the Library Commisison • Suggested staff do a list serve to see what other cities, with the similar population, are doing with their commissions in regards to staff and budget Councilmember Hunter • Fully supports restoring all of the City Commissions • The purpose of commissions is to bring people into the process -the more people the better • Supports a "Green" Policy Committee • Supports an independent Arts Council PUBLIC COMMENTS Kathleen Casey Cokley stated the following: • Does not support hiring extra staff • Feels Parks and Recreation should be separated . • Finance Committee should manage employee timecards • New people should be appointed to the PRC Marcia Manzo stated that the two Arts Commissioners work with Dolly Barnes at the Saratoga Library to jury the art to be displayed on the Art Wall. Mrs. Manzo stated that public art needs to be a separate group. In regards to the Library Commission, Mrs. Manzo stated that they worked behind the scenes in the 1990's looking at other libraries throughout the area. Mrs. Manzo stated that they currently provide the oversight on the Capital Improvements but feels they are not the appropriate body to do so. Mrs. Manzo also stated that they answer to the County Library. Mrs. Manzo also pointed out the Library Commissioners prepare their own minutes. Ruth Gipstein stated that she was a former Library Commissioner. Mrs. Gipstein stated that current staff is not aware of how productive the Library Commission has been in the past. Mrs. Gipstein suggested that Lori Burns, prior staff liaison to the Library Commission, be contacted. Mrs. Gipstein noted that the current members do not have the knowledge to over see the Capital Improvement Funds. Mrs. Gipstein noted that she fully supported the Library Commission. Mrs. Gipstein noted that the Friends and the Library Commission have two different roles. Sue Barrera noted that she is the current President of the Friends of the Saratoga Libraries. Mrs. Barrera stated that the Library Commission provides policies, procedures, and plans to the Library staff ,City staff, and the Friends. Mrs. Barrera noted that the current status of the Library Commission requires less staff time and requested that their meetings be reinstated to monthly instead of quarterly. City Council Retreat Minutes 4 March 2, 2007 Cheriel Jensen noted that she supports all of the City Commissions. Mrs. Jensen suggested creating a new commission to oversee the "Greening" of the City. Mary Jean Fenn stated that the Saratoga Library serves a tremendous amount of . people. Mrs. Fenn noted that she fully supports the Library Commission. COUNCIL DIRECTION Items with majority concurrence: • Restore Parks and Recreation Commission • For all Commissions: o Clearly define roles o Look at options for number of members and terms o Staffing • Independent Arts Council • Library Commission - no change; leave as is • Finance Committee instead of a Commission -limited role • Do not combine the PRC with the Pedestrian, Equestrian and Bicycle Trails Advisory Committee Substantial consensus of the following items: Unanimous consensus on the following items: 3. STAFFING ISSUES -PART II Barbara Powell, Assistant City Manager, presented staff report. . COUNCIL DISCUSSION Mayor Kao • Asked if a Parks Maintenance Worker I and a Street Maintenance Worker I can be crossed trained if only one FTE was approved • Stated that she would rather save the money rather than add any FTE's and reward the employees that have stayed with the City • Would not support the IT Technician as a full time employee but would support a contract employee • Stated that she would be willing to support one increase -either the Parks Maintenance Worker I or the Street Maintenance Worker I • Would not support $110,000 for a Management Analyst Vice Mayor Waltonsmith • Part time employees usually do not stay unless they become full time employees • City's employee count has been around 54 but has had many temporary employees doing work • Supports staff's recommendation to convert two temporary positions to two full-time positions @ $69,000 - IT Technician and Street Maintenance Worker I • Look at other recommendations next year City Council Retreat Minutes 5 March 2, 2007 • Supports $127,500 to fund a Management Analyst to the City Manager Office to provide Commission support, travel and the annual commission dinner . Councilmember Page • Torn to increase staff levels -there could be another recession • Supports the IT technician position conversion to a full time employee • Requested more information on the proposed Management Analyst position Councilmember King • Does not support hiring any additional staff • Recommendations need more analysis • Would support one year contracts • Noted that if any employee should be permanent it should be Morgan Kessler • IT Technician should be a contract employee • Questioned whether or not the Recreation Department is fully self funded • If the Commissions are reactivated, she could support the proposed Management Analyst position at $110,000 • Does not feel good increasing the City's head count • Conservative way to meet the needs is to keep the temporary staff • Noted that she hoped a good portion of the TEA funds would be allocated to the C1P • Stated that the current employees were asked to take cuts with us • If the Council agrees to increase the FTE's the outcome may effect the current staff • Employees recognize the TEA funds Councilmember Hunter • Questioned why the IT Technician had to be a permanent employee • Stated that the City Council represents the public • Asked why Director Cherbone placed the Street Maintenance Worker I number two priority • Stated that her number one priority is to reactivate all of the Commissions -the payback is tremendous • Can not agree with the cost estimate of City Commissions at $145,000 -does not support the Commission dinner • Can not support additional staff for Commission support -would like more information • Supports IT Technician conversion to a full time employee • Not entirely convinced regarding the conversion of the Street Maintenance Worker I • Will not support all five proposed positions PUBLIC COMMENTS None City Council Retreat Minutes ( March 2, 2007 COUNCIL DIRECTION Items with majority concurrence: • Support the conversion of the IT Technician from a part time employee to a full . time employee Substantial consensus of the following item: • Requested more information on the proposed Management Analyst position- supportposition if Commissions are fully restored 4. NORTH CAMPUS - RFP DISCUSSION Barbara Powell, Assistant City Manager, presented staff report. COUNCIL DIRECTION Mayor Kao • Stated that she would like to see the Administrative Building and the Sanctuary integrated into the RFP because the City has allocated $500,000 for improvements Vice Mayor Waltonsmith • Suggested that the City compile a list of items that the public can donate to the North Campus Councilmember King • • Asked if the people who were involved in saving the North Campus have been involved in the process since the election Assistant City Manager Powell asked the following questions in an effort to determine whether an RFCP is desired and to establish the parameters for the RFCP process. 1. For which buildings/facilities does the Council desire to enter into an RFCP process? Mayor Kao -Education Building and Sanctuary Building Vice Mayor Waltonsmith -Education Building and Sanctuary Building • Would not support demolishing the whole campus for private use Councilmember Page -Entire Campus • Would like to encourage interested parties to come forward with ideas Councilmember King -Half the site or entire campus • Put qualifiers in RCCP Councilmember Hunter -Education Building and Sanctuary Building 2. Will the Council consider along-term lease for any of the buildings? City Council Retreat Minutes ~ March 2, 2007 Mayor Kao -Entire Campus Vice Mayor Waltonsmith -Education Building and Sanctuary Building Councilmember Page -Would be willing to consider a long term lease and would like to wait until RFCPs are received Councilmember King -Education Building and Sanctuary Building Councilmember Hunter -Would be willing to consider Education Building and Sanctuary Building 3. If the Council would consider along-term lease for one or more of the buildings, what lease period would be considered? Mayor Kao -Depends on the proposals received Vice Mayor Waltonsmith -Depends on the proposals received Councilmember Page -Depends on the proposals received Councilmember King -Depends on the proposals received Councilmember Hunter -Depends on the proposals received 4. Will the Council consider the demolition and reconstruction of any of the buildings as part of a conceptual proposal? Mayor Kao -Sanctuary Building Vice Mayor Waltonsmith -Education Building and Sanctuary Building Councilmember Page -Would be willing to consider demolishing the entire Campus Councilmember King - Would consider demolishing the entire Campus if is was for the right community benefit Councilmember Hunter -Education Building and Sanctuary Building 5. Will the Council consider a Master Plan for the entire campus? Mayor Kao -Yes Vice Mayor Waltonsmith - No Councilmember Page -Yes . Councilmember King -yes, be would not want to place too many restrictions if you ask for a Master Plan Councilmember Hunter - No, but would consider a Master Plan if there was a City Council Retreat Minutes $ March 2, 2007 community use 6. If "Yes" to #4, will the Council consider: Mayor Kao -Master Plan for the site as a whole • Vice Mayor Waltonsmith -Demolish and reconstruction of specific buildings with renovation/remodel of other Councilmember Page -Master Plan for the site as a whole Councilmember King -Master Plan for the site as a whole Councilmember Hunter -Master Plan for the site as a whole 7. Should staff continue with planned renovations to the Administration Building and Fellowship Hall and making the Education Building weatherproof for storage? Mayor Kao -Administration Building and Fellowship Hall Vice Mayor Waltonsmith -Administration Building and Fellowship Hall Councilmember Page -Administration Building and Fellowship Hall Councilmember King -Administration Building and Fellowship Hall Councilmember Hunter -Administration Building and Fellowship Hall 8. What use(s) would the Council consider for individual buildings and/or the site as a whole? Mayor Kao -Daycare, athletic facility, Preschool, Vice Mayor Waltonsmith -Daycare, athletic facility, Preschool, • Would not support housing or the use of the entire campus for a school Councilmember Page -All and would consider storage Councilmember King -All except storage • Would the City allow two stories Councilmember Hunter -All except storage 9. Should preference be given to anon-profit and/or community-based organization's proposal? Mayor Kao - No . Vice Mayor Waltonsmith -Yes City Council Retreat Minutes 9 March 2, 2007 Councilmember Page -Would not want to limit would rather wait and look at the proposals Councilmember King -Would not want to limit would rather wait and look at the proposals Councilmember Hunter -Yes if it had a public benefit 10. What funding mechanism(s) will be considered adequate to qualify a proposal? Mayor Kao -Would not support matching funds from the City Vice Mayor Waltonsmith - No comment Councilmember Page - No comment Councilmember King -Should explain in proposal Councilmember Hunter - No comment 11. Are there other criteria/parameters that should be included in an RFCP process? Mayor Kao - No Comment Vice Mayor Waltonsmith - No comment Councilmember Page -Would expect that the proposal would provide plenty of details and a cost estimate Councilmember King - No comment Councilmember Hunter - No comment PUBLIC COMMENTS Allen Beck noted that he has submitted a proposal to the City which entailed renovating the Education Building and opening up a preschool/day care center. Mr. Beck suggested the rest of the campus be used for senior services. Kathleen Casey Cokley stated that she believes that the City can have multiple uses at the North Camus spend minimal money. COUNCIL DIRECTION Items with majority concurrence: • Include Education Building and Sanctuary Building into an RFCP process • Would consider along-term lease of the Education Building and Sanctuary Building • Would consider the demolition and reconstruction of the Sanctuary Building as City Council Retreat Minutes ] Q March 2, 2007 part of a conceptual proposal • Would want to wait and see the proposals before any preference is be given to . a non-profit and/or community-based organization Substantial consensus of the following items: • Would consider a Master Plan for the entire campus • Would not consider a storage facility on the site 5 Unanimous consensus on the following items: • If lease of two or more of the buildings are considered to be leased on a long- term basis Council would like to wait until RFCPs are submitted to decide the lease period • Direct staff to continue with planned renovations to the Administration Building and Fellowship Hall and making the Education Building weatherproof for storage • The following uses would be considered for individual buildings and/or the site as a whole: Daycare, Pre-school, Entire School Campus (one Councilmember opposed), CulturallArt Center, Adult Daycare, Community Center, Community Center/Housing, Athletic Facility, Museum/History Center. • Prepare Request for Conceptual Proposal and schedule it for an upcoming City Council meeting for approval • Require funding sources intended to use for start up and ongoing costs of project be clearly identified in proposal • Make it clear in RFCP that the City will not be providing any matching fiznds for the project MIXED USE HOUSING John Livingston, Community Development Director, presented staff report COUNCIL DISCUSSION Mayor Kao • Look at owner's rights when updating the Housing Element Vice Mayor Waltonsmith Does not want to trigger HCD coming down on the City • BMR's previously approved were not sold as below market • Need to be able to monitor our requirements • Proceed with Housing Element ASAP Councilmember Page • In favor of modifying CH2 • Housing requirements -need to be creative • Opportunities are limited for property owners • Need to have more people living in the Village • Look forward for funding options • Proceed Housing Element ASAP Councilmember King City Council Retreat Minutes 11 March 2, 2007 • Supports historic look for Village • Retail downstairs is difficult-need more people in Village • Rentals are not working Councilmember Hunter • Wait and see what the state will offer as options • Changing overlay right now is not a good idea • Question -How pleasing is it to live over a business? PUBLIC COMMENTS Craig Aubrey stated that following: • 6,000 square foot addition • Residential was is allowed except as mixed use rental only 850-1,220 square feet • Recently submitted plans for permitted uses, but it has been difficult • High cost of building does not make sense for small projects with rentals Gene Zambetti stated the following: • CH2 height limitations • Currently 28 condos • Favors preservation of historical structures and viable commercial • Propose change to CH2 and CHl • Allow business owners to put owner-occupied home above business • Height restriction Housing Element and financing challenges pose too big of an obstacle Cheriel Jensen stated the following: • Mixed use works in Europe • Insufficient parking in Village • Need to be realistic • Commercial should be commercial • Restricting places to rental is not a good idea • Encourage purchase for investment in the community COUNCIL DIRECTION • Proceed with Housing Element • Agendize Mixed Use Housing for pubic discussion at a future Council meeting 6. CITY FINANCIAL STATUS Mary Furey, Administrative Services Director, presented staff report. COUNCIL DISCUSSION/DIRECTION Council discussion regarding financial overview for FY 06-07. No direction to staff was given. City Council Retreat Minutes 12 March 2, 2007 7. REPRISE TEA -CITY COUNCIL DIRECTION FOR BUDGET Dave Anderson, City Manager, presented staff report. Terry Calderone, SCC Sheriff's Office, presented staff report in regards to projected Public Safety Services in the City of Saratoga. COUNCIL DISCUSSION Mayor Kao • Would not support $450,000 towards pavement management • Supports allocating $25,000 to KSAR • Would not support an additional staff person for commission support Vice Mayor Waltonsmith • Suggested allocating $50,000 towards matching funds for the North Campus • Suggested supporting KSAR @ $50,000 • Suggested setting aside $100,000 for additional allocations to various non- ' profit organizations • Supports an additional staff member for commission support -would like more information on staff duties Councilmember Page • Supports allocating $25,000 to KSAR • Would support funding an additional staff member for commission support o with qualifiers o still not entirely convinced o need more information on PRC structure Councilmember King • Suggested amending the allocation of $l.l million expenditure from TEA to fund the development of KMP if the City receives any park grants • Dose not support funding KSAR @ $50,000 or SASCC @ $60,000 • Suggested holding one Council meeting where non-profit can request additional funding • Support allocating $25,000 to KSAR • Would support funding an additional staff member for commission support o with qualifiers o still not entirely convinced o need more information on PRC structure Councilmember Hunter • Supports allocating $50,000 to KSAR • Supports an additional staff member for commission support o would like more information on staff duties • Would support the conversion of one part time street maintenance worker to a full time employee City Council Retreat Minutes 13 March 2, 2007 COUNCIL DIRECTION Unanimous consensus on the following items: On-Eoing • $114,178 to the Sheriff's Office contract for 1,046 additional hours to cover increase in resources that are being brought into the City • $300,000 towards PMP • $100,000 towards facilities • IT Technician from a part time employee to a full time employee (Approved in Item #3) • Street Maintenance Worker I from part time employee to full time employee Substantial consensus of the following item: • Management Analyst position -request more information in regards to duties Unanimous consensus on the following items to be brought back to Council on March 21, 2007 for mid-year budget adjustments: TEA Allocation • Increase Council Contingency to $50,000 $1.1 for KMP CIP • $100,000 for UPRR CIP • $25,000 on-time funding for KSAR • $75,000 one-time funding for community grants • $450,000 to non specified reserves ADJOURNMENT There being no further business Mayor Kao adjourned the meeting at 5:00 p.m. and thanked everyone for attending the retreat. Respectfully submitted, Cathleen Boyer, CMC City Clerk r~ u City Council Retreat Minutes j 4 March 2, 2007 SARATOGA CITY COUNCIL MEETING DATE: Apri14, 2007 AGENDA ITEM: 1 ORIGINATING DEPjT• ity Manager's Office CITY MANAGER: PREPARED BY: DEPT HEAD: Cathie Boyer, City Clerk Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -March 7, 2007 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 March 7, 2007 MINUTES SARATOGA CITY COUNCIL MARCH 7, 2007 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview applicants for the Library Commission and the Planning Commission. The City Council held a Joint Session with the Saratoga Ministerial Association in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:00 p.m. Saratoga Ministerial Association. Mayor Kao thanked the Ministerial Association for attending tonight's joint meeting. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel -Existing Litigation (1 case) (Government Code section 54956.9(a)): Suto v. Saratoga et al. (Santa Clara County Superior Court Case No.107CV078657 MAYOR'S REPORT ON CLOSED SESSION Mayor Kao had no reportable information. Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith Mayor Aileen Kao, ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 7, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 7, 2007, was properly posted on March 2, 2007. ORAL COMMUNICATIONS The following people requested to speak: Pau] Nelson noted that he was the General Manager for West Valley Collection & Recycling (WVC&R), the JPA's new garbage hauler. 1VIr. Nelson noted that there have been a few glitches and they are diligently trying to solve them. Mr. Nelson stated that they are trying their best to be as responsive as possible to complaints. Mr. Nelson pointed out that they have added several more phone lines and extended the customer service hours. George Bunyard announced SASCC annual St. Patrick's Day dinner. Mr. Bunyard stated that the dinner would be held from 6:00 p.m. - 9:00 p.m. Citizen Ray discussed the Highway 9 Safety Improvement Project. Marilyn Marchetti announced that this year's American Cancer Society Relay for Life was on June 23-24, 2007 at Redwood Middle School. Cary Matsuoka noted that he was the Superintendent for the Saratoga-Los Gatos High School.District. Mr. Matsuoka stated that he was present tonight to discuss the recent pool controversy at Saratoga High School. Mr. Matsuoka discussed the City's monetary contribution to the pool construction and the accumulated credit from the District to the Saratoga Recreation Department. Mr. Matsuoka pointed out the City is not running the aquatic program, DACA is the sponsor. Rick Waltonsmith noted the he is a participant in the adult swim program at Saratoga High School. Mr. Waltonsmith pointed out that when the District had financial concerns regarding the pool the City and private citizens donated money to the project. Mr. Waltonsmith stated that the program has been cut back -four sessions down to two sessions per week. Mr. Waltonsmith stated that in January 2007 the Board sent a letter to DACA that the noon time swim session was cut. Mr. Waltonsmith asked the City Council contact the District's Board and ask them to reinstate the noon time swim program at Saratoga High School. Mary Lund requested that the City Council help reinstate the noon time swim program at Saratoga High School. Lisa Fischer-Colbrie noted that she has been swimming at Saratoga High School at noon for the past six years. Ms. Fischer-Colbire stated that the District's decision was made with no discussion. Ms. Fischer-Colbrie requested that the Council help begin a dialogue and reopen this issue. Star Davis noted that she has been in the noon program for three years. Ms. Davis noted that if security is an issue, she is willing to get fingerprinted. Scott Wheelwright invited everyone to join his church in a service project assembling hygiene kits for disaster victims on March 17th at the Latter Day Saints on Allendale Avenue. Mr. Wheelwright noted that he is also a noon time swimmer and is upset that the program has been cut. Paula Whetstone that she also uses the pool at Saratoga High School and is disappointed that the program has been cut. Chantal Clifford noted that the program through DACA is very affordable compared to private clubs. Ms. Clifford pointed out that everyone who is in the program knows one another and everyone is willing to get fingerprinted. City Counci] Minutes 2 March 7, 2007 Ruth Finalli stated that she supported the noon time swim program at Saratoga High School. Lucia Salecic noted that although she lives in Los Gatos she is a participant in the noon swim program at Saratoga High School. Ms. Salecic stated that she hopes the Council can help the situation. COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith suggested that the Council City/School AdHoc Committee work with the District and requested that this item be agendize at a future meeting. Councilmember Hunter concurred with Vice Mayor Waltonsmith. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Rabbi Daniel Pressman noted that he represented the Saratoga Ministerial Association. Rabi Pressman noted that prior to the meeting the City Council held a joint meeting with the Ministerial Association. Rabbi Pressman noted that the Association has been meeting for the past 11 years. Rabbi Pressman noted that the Association tries to build community and discuss common problems and concerns COUNCIL DIRECTION TO STAFF Councilmember Hunter thanked the Ministerial Association for spearheading the City's 50"' Anniversary "Block Party" event. ANNOUNCEMENTS John Livingstone, Community Development Director, introduced the City's new Senior Planner, Chris Riordan. Vice Mayor Waltonsmith announced that the Historic Foundation needs volunteers to help with the Wylis Peck historic project. Vice Mayor Waltonsmith stated that the Foundation also needs free storage space for all of the documents that need to be sorted. CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF MARCH 18-26, 2007 AS "JADE RIBBON WEEK" IN THE CITY OF SARATOGA STAFF RECOMMENDATION: Present proclamation. Mayor Kao read the proclamation and presented it to Catherine Chiu, Saratoga resident and representative to the Youth Council of the Asian Liver Center at Stanford University. 1B. PROCLAMATION DECLARING THE MONTH OF MARCH AS "COLON CANCER AWARENESS MONTH" AND DECLARING THE CITY OF SARATOGA A "COLON CANCER FREE ZONE" City Council Minutes 3 March 7, 2007 STAFF RECOMMENDATION: Present proclamation. Mayor Kao read the proclamation and presented it to Saratoga residents Sid Faulkner and Jim Smaha. 1 C. PROCLAMATION DECLARING THE WEEK OF MARCH 12-17, 2007 AS "SCIENCE FAIR WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Kao read the proclamation and presented it to Bob Kucher, Saratoga High School Science teacher. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CHECK REGISTER FOR FEBRUARY 20, 2007 STAFF RECOMMENDATION: Accept check register. WALTONSMITH/KING MOVED TO ACCEPT CHECK REGISTER FROM FEBRUARY 20, 2007. MOTION PASSED 5-0. 2B. ANNUAL PUBLISHING OF THE STATE CONTROLLER REPORT STAFF RECOMMENDATION: Accept report. WALTONSMITH/KING MOVED TO ACCEPT STATE CONTROLLERS REPORT. MOTION PASSED 5-0. 2C. PURCHASING ORDINANCE UPDATE STAFF RECOMMENDATION: Adopt ordinance. ORDINANCE: 251 WALTONSMITH/KING MOVED TO AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING THE CITY PURCHASING SYSTEM. MOTION PASSED 5-0. i City Council Minutes 4 March 7, 2007 2D. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1; RESOLUTION INITIATING RENEWAL OF THE DISTRICT FOR FY 2007/2008 STAFF RECOMMENDATION: 1. Adopt resolution describing improvements and directing preparation of the Engineer's report. 2. Adopt resolution appointing the Attorney's for the District. RESOLUTION: 07-011& 012 WALTONSMITH/KING MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER'S REPORT; ADOPT RESOLUTION APPOINTING THE ATTORNEY'S FOR THE DISTRICT. MOTION PASSED 5-0. 2E. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT ANNEXATION NO. 1-ZONE NO. 33 (CARNELIAN GLEN) -PRELIMINARY APPROVAL OF ENGINEER'S REPORT AND ADOPTION OF RESOLUTION OF INTENTION FOR FISCAL YEAR 2007/2008 STAFF RECOMMENDATION: 1. Adopt resolution granting preliminary approval of Engineer's Report for the City of Saratoga Landscaping & Lighting Assessment District LLA-1, Annexation No. 1 (Zone No. 33) for FY 2007/2008 2. Adopt Resolution of Intention to order the levy and collection of assessments for the City of Saratoga Landscaping and Lighting District . LLA-1, Annexation No. 1 (Zone No. 33) for FY 2007/2008. RESOLUTION: 07- 017 HUNTER/WALTONSMITH MOVED TO ADOPT RESOLUTION GRANTING PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR THE CITY OF SARATOGA LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 ANNEXATION NO. 1 (ZONE NO. 33) FOR FY 2007/2008; ADOPT RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1, ANNEXATION NO. 1 (ZONE NO. 33) FOR FY 2007/2008. MOTION PASSED 5-0. 2F. REQUEST TO CHANGE WEST VALLEY SANITATION DISTRICT BOUNDARIES STAFF RECOMMENDATION: Approve changes to West Valley Sanitation District Boundaries to include APN's 510-60-005, 510-25-030, 510-23-033, and 510-025-034. r1 LJ City Council Minutes 5 March 7, 2007 KING/WALTONSMITH MOVED TO APPROVE CHANGES TO WEST VALLEY SANITATION DISTRICT BOUNDARIES TO INCLUDE APN'S 510-60-005, 510-25-030, 510-23-033, AND 510-025-034. MOTION PASSED 5- . 0. 2G. DONATION OF $2,000 FROM THE CHARITABLE FOUNDATION OF THE SARATOGA LIONS CLUB FOR PURCHASE OF PLAQUES TO IDENTIFY HISTORIC STRUCTURES IN THE CITY STAFF RECOMMENDATION: Accept donation. Norman Koepernik, HPC Chair, requested that this item be removed from the Consent Calendar. Chair Koepernik thanked the Lions Club for their generous donation. Councilmember King suggested that the Mayor write a thank you letter to the Lions Club. WALTONSMITH/PAGE MOVED TO DONATION OF $2,000 FROM THE CHARITABLE FOUNDATION OF THE SARATOGA LIONS CLUB FOR PURCHASE OF PLAQUES TO IDENTIFY HISTORIC STRUCTURES IN THE CITY. MOTION PASSED 5-0. 2H. WEST VALLEY PLAYFIELD VERTICAL BYPASS DRAINAGE PROJECT -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: 1. Move to declare Colony Landscape & Maintenance, Inc. to be the lowest responsible bidder on the project. 2. Move to award construction contract to Colony Landscape & Maintenance Inc. in the amount of $180,000. 3. Move to authorize staff to execute change orders to the contract up to $15,000. WALTONSMITH/KING MOVE TO DECLARE COLONY LANDSCAPE & MAINTENANCE. INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; MOVE TO AWARD CONSTRUCTION CONTRACT TO COLONY LANDSCAPE & MAINTENANCE INC. IN THE AMOUNT OF $180.000; MOVE TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $15,000. MOTION PASSED 5-0. 2I. APPROVAL TO PURCHASE IRRIGATION EQUIPMENT FOR CIVIC CENTER LANDSCAPE UPGRADES STAFF RECOMMENDATION: Approve purchase of imgation equipment from John Deer Landscapes in the amount of $17,510 for Civic Center landscape upgrades. City Council Minutes ( March 7, 2007 WALTONSMITH/KING MOVE TO APPROVE PURCHASE OF IRRIGATION EQUIPMENT FROM JOHN DEER LANDSCAPES IN THE AMOUNT OF $17,510 FOR CIVIC CENTER__LANDSCAPE UPGRADES. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS REMOVAL OF TREES AT THE CITY'S HISTORIC PARK LOCATED AT 20450 SARATOGA-LOS GATOS ROAD STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Community Development Director, presented staff report. The following people requested to speak on this item: Chuck Schoppe noted that he was the President of the Historic Foundation. President Schoppe pointed out that he understands that tree removals are a very controversial issue in Saratoga and agrees that the issue should not be taken lightly. Mr. Schoppe requested that the City Council reverse their decision and allow the Foundation to remove the redwood trees at the Historic Park and leave the oak tree as is. Norman Koepernik noted that the Heritage Preservation Commission approved the removal of the redwood trees. City Council discussion regarding the landscape plans and tree removal request at the Historic Park. WALTONSMITH/KING MOVED TO ALLOW THE REMOVAL OF THE TWO REDWOOD TREES AT THE HISTORIC PARK. MOTION PASSED 4-1 WITH HUNTER OPPOSING. NEW BUSINESS 4. REQUEST FOR DIRECTION FROM THE SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) CITY COUNCIL ADHOC COMMITTEE STAFF RECOMMENDATION: Accept report and direct AdHoc accordingly. Dave Anderson, City Manager, presented staff report. City Council discussion in regards to direction to the SASCC AdHoc Committee: Two City Council voting members on Board Investigate more effective ways to run program City Council Minutes ~ March 7, 2007 Not require them to be full cost recovery Encourage more programs for seniors Encourage increase in membership ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao reported the following information: West Va11e~Mayors and Managers Association - City of Campbell Interim presented "Green Policy" program. Vice Mayor Ann Waltonsmith Hakone Foundation -successful fundraising event in Los Altos Hills. Councilmember Page had no reportable information. Councilmember King reported the following information: County Cities Association Legislative Task Force -appointed Barbara Spector and Kris Wang to the Airport Board. Valley Transportation Authority PAC -hard to get a 75% quorum in order to get passing votes. City School AdHoc -continuing to work with West Valley College and Prospect High, School on field use. Prospect Road AdHoc -Pete Constance is not hopeful in regards to funding this project: Councilmember Hunter pointed out that now that she is the primary representative, • instead as the alternate, on the Santa Clara County Valley Water Commission someone needs to be the alternate. Councilmember Hunter also asked Mayor Kao if she would be willing to be the representative on the County HCD Policy Committee. Councilmember Page volunteered to be the alternate representative on the Santa Clara County Valley Water Commission. In regards to Councilmember Hunter's request, Mayor Kao agreed to be the representative on the County HCD Policy Committee. CITY COUNCIL ITEMS Councilmember King announced a possible visit from Senator Able Maldonado in the City of Monte Sereno. OTHER City Attorney Taylor noted that the agendized Closed Session item has been cancelled. CITY MANAGER'S REPORT None City Council Minutes $ March 7, 2007 ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 9:40 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Minutes 9 March 7, 2007 SARATOGA CITY COUNCIL ~- MEETING DATE: 04(04/2007 AGENDA ITEM: ORIGINATING DEPT: Admi Svcs. CITY MANAGER: ~ L~ ~ '~ PREPARED BY: '° DEPT HEAD: ~, ~~, Leo S nd~ Mary Furey, Fi ance & A.S. Director SUBJECT: Check Register for 03/20/2007 RECOMMENDED ACTION: That the City Council accepts the Check Register for 03/20/2007. REPORT SUMMARY: Attached is the Check Register for 03/20/2007. The checks were released on 03/21/2007. Payroll checks were released on 03/15/2007. The prior Check Register for 03/06/2007 ended with check number 104482. Type of Checks Date Starting Checks # Ending Check # Total Checks Amount Accounts Payable 03/20/07 104485 104570 86 $715,377.98 Payroll 03/15/07 32213 32230 18 $127,694.04 TOTAL $843,072.02 The following is a list of checks issued for more than $10,000.00, and a brief description of the expenditures. Check# Issued to Fund De t Pur ose Amount 104504 City of San Jose General Police/Public Safety Animal Services -Nov-Feb $51,66b.68 104506 County of Santa Clara General Police/Public Safety Sheriff Contract -March $283,296.46 104507 County of Santa Clara General Police/Public Safety Booking Fees - FY07 $12,326.25 104508 County of Santa Clara Special Environmental Fund Hazardous Waste Disposal $21,176.47 104512 El Camino Paving, Inc. General Street Maintenance Pavement Mgmt Contract $89,881.19 104512 El Camino Paving, Ina CIP Sara/Sunnyvale gtwy Pierce Rd/Saratoga Improvement $74,345.63 104517 Gachina Landscape Mgmt Various Various Landscape Services -Feb $11,026.00 104543 Robert A. Bothman, Ina CII' ADA Improvement Hakone -Retention Fee $11,725.00 104551 Shute, Mihaly & Weinberg Various Various Legal Services -Jan $31,725.37 104559 Town of Los Gatos CIP Hwy 9 Traffic Safety Hwy 9 Traffic Safety Project $20,400.00 The following is a list of checks that were voided/manually issued. Check # Amount Vendor Purpose 104380 $63.25 Universal Specialties, Inc. voided due to duplicate payment 104483 $3,920.00 Shorenstein Hays Nederlander manually issued for 4/18 Recreation Trip tickets 104484 $290.00 Association of Envrionmental manually issued for CEQA workshop The following is a list of cash reductions by Fund. Fund # Fund Descri tion A/P Total PR Total Total 001 General 518,480.35 38,622.98 557,103.33 150 Streets&Roads 6,348.54 16,465.10 22,813.64 201 Manor Drive Landsc e 44.13 44.13 203 Greenbriar Landsca 430.00 430.00 205 Azule Li tin 134.05 134.05 206 Sarahills Li tin 88.26 88.26 209 Mc ville Landsca 215.00 215.00 210 Tricia Woods Landsca 84.93 84.93 211 Arro ode Sarato a Landsca 85.00 85.00 212 Leutar Court Landsca 482.51 482.51 216 Beaucl s Landsca 173.06 173.06 217 Sunland Park Landsca 101.25 101.25 222 Prides Crossin Landsca 450.00 450.00 224 Villa e Corrm~erical Landsca 1,156.58 1,156.58 225 Sarato a Le ends Landsca 294.99 294.99 226 Bell ove LLD 1,985.00 1,985.00 227 Clmnin ~Glas ow Landsca 179.20 179.20 228 Kerwin Ranch Landsca 480.52 480.52 229 Toll ate LLD 114.27 114.27 231 Horseshoe LLD 92.45 92.45 232 Gatewa Landsca 245.00 245.00 250 Develo ment Services (1,155.42 49,626.47 48,471.05 260 Environmental Pro am SRF 27,798.06 5,438.91 33,236.97 290 Recreation 8,924.33 13,730.37 22,654.70 291 Teen Services 629.54 2,681.43 3,310.97 604 Plannin sit Pre 2006 5,906.25 5,906.25 605 Plannin sit FY2006 5,906.25 5,906.25 702 Hi wa 9 Safe 20,400.00 20,400.00 703 Hakone ADA rovements 11,725.00 11,725.00 706 Sidewalk Annual Pro'ect 450.00 450.00 716 Hi wa 9/Oak Pedestrian 1,128.78 1,128.78 728 Book Go Round Draina e 675.00 675.00 732 Median Landsc e/Irri ation 325.00 325.00 734 Civic Center Landsca 7,401.18 7,401.18 746 Sarato a/Sunn ale Gatewa 74,993.63 74,993.63 762 North us 4,334.00 4,334.00 790 Union Pacific Railroad/Deanza Trail 12,623.97 12,623.97 791 Kevin Moran 793.10 793.10 792 Park/Trails Re air 1,983.00 1,983.00 TOTAL 715,377.98 127,694.04 843,072.02 ALTERNATIVE ACTION: SN/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Register in the Expenditure Approval List format. ., • ., ^ W m m W H Q ^ a Z x w a 5 F Fz H^ ^ O W a X r W n 0 0 N O N M O F A X U x F V w H a z~ r o I a o H I > rv E a o\ wHl WN Far a o H U a \ UI r a C' W O ^ w a ^ w F O M ^za w a x W F U I O z U V Q w ^ ^ w \ H X a U ^ w U x z m N N T U m oz~ .. a H rwaO r i~SZ~ o l 2 U 0 5 ~a~ o>° o m O I ^ Nm[+ r z ~ m Q r W o~a;> W o W W qE w ~ O U Q Q O r '(y H a o r ~ ^ o z° WoFIz~C a a H I W H aaul> I 0 0 0 0 0 0 N N C Ol Ol O O C C N N r O O O m Vl m O O m O O O O O O O O O m m b b b V -1 C' Ifl O O O r r0 m Ill N C O N N N I(1 O O O 1!1 P m m fi ri C C O C C m O m N N m N .-I O V) N r r 10 S h N rl N N N C C H ~O r IO m p N .-1 m l0 b ri O O O O e4 N m a} C C T Ol N N m O N N N b m m Ill Vl ry ry r r Ill N M1l N ri ri C V •• X U. x U r 0 0 N f V 1 a a a a £ F Om F t>i1 O ^ O ^ a ^ QV' > a > X UY' m N O O w z N ~ O O N O a m .i m •i llf N b m C O O ri N N '1 O O O O r N \ .+ 0 \ oa a o 5 00 a x a~ w ur p0. o a a n O 0 U1 N z\ O m H O a o ~ O O F a U m W a ab a w o z o 0 a O ri N N O 10 O O O O 0 0 O m as a as a w o v z a + o o w m a + a « + ~ « w v w u^, ] E a w W ^ a a O W 2, O W m a w^ a u u a w m a o a a a 4 a a a a HH a w a w~ x a u a a ^F Q w H a s F >> F H w F W F l/1 F > F a F N H a w o as o aw o aw o a o X o m o w o I o w H F m to H W W F a H F F a F F F fA F W F Z z W W a F a O ^ W V F H a H H a a O H a a a 3 a W a s a ^ w a a a o o u o o rn a o 0 0 o a o ^ o a o a H ^ a a ^ - - ^ H ^ a ^ a ^ o ^ F ^ H >I ^ F U Z, F F z C7 C7 Z, !~ u z 7r z d z E z V z W> z z w > A o > w w > x w > a > v > ad > a > N a > a U U U W k U U V U U U V U U X X X a s X X X X X X X X X N C C N N N l"1 r•'1 m m N m t+1 m O O O O O O O O O O O O O O E a s a s S f z a z u u u u w a s u u w w w N a u a s a N r r N M r4 ri N O m N O O O Vl O O y~ p Vl N N r lp N fl rl O N O O N N N N 1l1 fl O 4(1 m m O I+I N N N V1 I+1 f+l m 1"1 Ill m N If1 O m O O N N t"l t'1 m N m r'i C C O '1 N r-1 N N N N 'i V '1 N r0 10 lD N - N N b b N tll N Vl N N Ill Ill N ~ O O 1p b O O O O O Ill m Ill O C O C C 10 1D C r-1 C O O O O O O O r n O O O O O O O O O r1 O O N N N ri fi C .i fl 1D ID O N ri .i IO l0 H rl N O r4 N O O O O O O C eT O O O Vl O O Ol 01 O1 O O O r r O O O N O O N N N m r a r r r r r n r r r r r r r O o N O O a o 0 O O 0 0 O O 0 0 O 0 O 0 O 0 O 0 O O 0 0 O 0 N N N N N N N N N. 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REPORT SUMMARY: At its February 7, 2007 meeting, the City Council reviewed the City's LHMP Annex and mitigation matrices and authorized the City Manager to submit them to ABAG and FEMA for initial review and comment. ABAG and FEMA have both reviewed the documents and FEMA has pre-approved them with no recommended changes. In order to finalize the submittal requirements under the Disaster Mitigation Act of 2000, the City must now adopt a resolution approving ABAG's report "Taming Natural Disasters" (Attachment "A" -sample) as the City's LHMP and submit the resolution, along with the City's LHMP Annex and mitigation matrices to FEMA for final approval. FISCAL IMPACTS: There is no immediate fiscal impact associated with this recommendation. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The City will be ineligible to apply for FEMA disaster mitigation grant funding. 1 of 2 ALTERNATIVE ACTION(S): None recommended. FOLLOW UP ACTION(S): Execute Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted pursuant to the Brown Act ATTACHMENTS: Attachment "A" - ABAG's Report "Taming Natural Disasters" (sample) Attachment "B" - Resolution 2of2 Attachment "A" Touring Nvtura/ Disasters Multi -~'urisdictional Local Government Hazard Mitigation Plan for the San Francisco Bay Area Adopted by ABAG Executive Board -March ~7, 2005 ASSOCIATION OF BAY AREA GOVERNMENTS BACKGROUND The purpose of this Local Hazard Mitigation Plan document is to serve as a catalyst for a dialog on public policies needed to mitigate the natural hazards that affect the San Francisco Bay Area. The overall strategy is to use this multi-jurisdictional effort to not only maintain and enhance the disaster resistance of our region, but also to fulfill the requirements of the Disaster Mitigation Act of 2000 for all local governments to develop and adopt this type of plan. For purposes of this plan, local governments include not only the cities and counties of our region, but also special districts with elected boards. For information complete information on ABAG's Local Hazard Mitigation Planning Effort, including interactive hazard mapping and risk assessment, see our Internet site at: http://quake.abag.ca.govimitigation ABAG Publication Number: POSOOlEQK Taming Natural Disasters ii March 17, 2005 Table of Contents page Background .................................................................................................................................. ii Credits .........................................................:................................................................................. iv Goals ................................................................................................................................................ l Our Challenge .....................................................................................................................1 Overall Goal ........................................................................................................................1 Commitments ......................................................................................................................2 Implementation Strategies .............................................................................. .............................3 Background on Implementation Strategy Organization ........................ ....................:........3 Strategies and Priorities .......................................................................... ............................4 1. Infrastructure (INFR) ......................................................................... .............................5 2. Health (HEAL) ................................................................................... ...........................10 3. Housing (HSNG) ............................................................................... ...........................11 4. Economy (ECON) .............................................................................. ...........................18 5. Govenunent Services (GOVT) ........................................................... ..........................24 6. Education (EDUC) .............................................................................. ..:.......................27 7. Environment (ENVI) .......................................................................... ..........................28 8. Land Use (LAND) .............................................................................. ..........................30 Appendices A -The Plaiu~ing Process ................................................................~-----........... ............................ 32 B -The Plan Maintenance and Update Process ............................................... ............................ 39 C -Natural Hazards Risk Assessment ............................................................... ............................ 41 D -Disaster History ........................................................................................... ............................ 74 E -Record of Plan Participation ....................................................................... ............................ S6 Annexes Annexes for ABAG and other local governments in the Bay Area are appended to this Local Hazard Mitigation Plan. Taming Natural Disasters iii March ]7, 2005 Credits Principal Project Manager: Jeanne B. Perkins -Earthquake Program Manager, Association of Bay Area Govemments ABAG Staff Support: Brian Kirking -Senior Planner and Data Analyst Jennifer Shanks -Planning and GiS Assistant Kearey Smith -GIS Manager (through September 2004) Michael Smith -Planner (through September 2004) and GIS Manager (starting in October 2004) ABAG Management: Henry Gardner -Executive Director Janet McBride -Planning Director The writing and production of this report was funded by Grant No. PDM-03 PL04 from the Department of Homeland Security's Federal Emergency Management Agency (FEMA) through the California Governor's Office of Emergency Services, as well as by the Association of Bay Area Govemments and, through in-kind services, the local governments of the Bay Area. Taming Natural Disasters iv March ]7, 2005 r~ u Gonis Our Challenge The San Francisco Bay Area is in a spectacular region with valleys and ridges, views and access to rivers, the ocean, and the Bay, and a mild climate. It is also home to 7 million people and has a $400 billion economy. But many of those ridges and valleys have been formed by active earthquake faults that can generate devastating shaking and ground failures. The typically mild climate is subject to occasional winter storms leading to landslides in the hills and flooding of the valleys. During the fire season, typically from May through November, the region is subject to periods of Diablo Winds bringing high temperatures, gusting winds, and low humidity. Tinder-dry trees, brush, and grasslands are subject to fires that can become catastrophic on the edges of urban development: Given an increasingly mobile population, our citizens and crops are subject to disease epidemics. Natural disasters can lead to secondary events that are disasters in themselves, including hazmat releases and dam failures. During the period from 1950 - 2000, all or part of the Bay Area was subjected to 56 disasters, or about a third of the 181 occurring in the entire State of California during that timez. These hazards are not new, and neither are the risks to lives, property, the environment, and our economy. Bay Area local governments, together with private utilities and the state, have created programs and regulations that are as creative and comprehensive as any region in the world. Overall Goal To maintain and enhance adisaster-resistant region by reducing the potential loss of life, property damage, axxd environmental degradation from natural disasters, while accelerating economic recovery frogx those disasters. We need to continue to work to reduce and avoid risks from natural hazards to protect lives, property, the environment, and our economy. This natural hazard mitigation plan is a joint effort by the cities, counties, and special districts in the Bay Area to build a more disaster-resistant region. We recognize that disasters do not respect the boundaries between our individual jurisdictions and have worked together to identify our hazards, assess our risks, and develop this goal, eight commitments, and a comprehensive list of strategies (or actions) to mitigate the identified risks. We view this plan as a shared mental model of our overall goal, commitments, and mitigation actions. We can xxo longer afford random acts of preparedness axxd mitigation. ~ Fassinger and others, 2003 -ABAG's Projections 1003. Economy is based on annual Gross Regional Product (GI2P). '' California Governor's Office of Emergency Services database of disasters and major states of emergencies. Taming Natural Disasters 1 March 17, 2005 Commitments The overall goal is being addressed by asking all local governments in the Bay Area to adopt formal resolutions in support of the following eight commitments areas. These commitments are not organized by hazard, but by the types of services supplied either directly, or indirectly, by local governments. With this organization, each of the Bay Area's cities and counties should find ways to address these major commitments by reducing identified risks. In addition, the Bay Area's special districts can address many of these commitments, depending on the role and responsibilities of that district. Together, we are committed to increasing the disaster resistance of the infrastructure, health, housing, economy, government services, educations, esrvironment, assd land use systems in the Bay Area. 1. Infrastructure Bay Area transportation and utility facilities and networks are vital lifelines during and following disasters, as well as in the functioning of our region and its economy. 2. Health Bay Area facilities, networks, and systems providing care of sick and those with special needs need to be resilient after disasters for these systems will need to care for additional injured at the same time as those currently cared for are stressed. 3. Housing Bay Area residents need to have safe and disaster-resistant housing that: is architecturally diverse and serves a variety of household sizes and incomes. 4. Economy Safe, disaster-resilient, and architecturally diverse downtown commercial areas, business and industrial complexes, and office buildings are essential to the overall economy of the Bay Area. 5. Government Services Bay Area city and county governments, as well as community services agencies, provide essential services during and immediately following disasters, as well as critical functions during recovery, that need to be resistant to disasters. 6. Education Safe and disaster-resistant school, education, and childcare-related facilities are critical to the safety of our children, as well as to the quality of life of Bay Area families. 7. Environment Disaster resistance needs to further environmental sustainability, reduce pollution, strengthen agriculture resiliency, and avoid hazardous material releases in the Bay Area. 8. Land Use Land use change needs to be accompanied by a respect for hazardous areas and facilities, as well as recognize the interconnected nature of the Bay Area. Taming Natural Disasters 2 March 17, 2005 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE ABAG REPORT "TAMING NATURAL DISASTERS" AS THE CITY OF SARATOGA'S LOCAL HAZARD MITIGATION PLAN WHEREAS, the Bay Area is subject to various earthquake-related hazards such as ground shaking, liquefaction, landsliding, fault surface rupture, and tsunamis; and WHEREAS, the Bay Area is subject to various weather-related hazards including wildfires, floods, and landslides; and WHEREAS, the City of Saratoga recognizes that disasters do not recognize city, county, or special district boundaries; and WHEREAS, the City of Saratoga seeks to maintain and enhance both adisaster- resistant City and region by reducing the potential loss of life, property damage, and environmental degradation from natural disasters, while accelerating economic recovery from those disasters; and WHEREAS, the City is committed to increasing the disaster resistance of the infrastructure, health, housing, economy, government services, education, environment, • and land use systems in the City, as well as in the Bay Area as a whole; and WHEREAS, the federal Disaster Mitigation Act of 2000 requires all cities, counties, and special districts to have adopted a Local Hazard Mitigation Plan to receive disaster mitigation funding from FEMA; and WHEREAS, ABAG has approved and adopted the ABAG report "Taming Natural Disasters" as the multi-jurisdictional Local Hazard Mitigation Plan for the San Francisco Bay Area; NOW, THEREFORE, BE IT RESOLVED that the City of Saratoga adopts, and adapts with its local annex, this multi-jurisdictional plan as its Local Hazard Mitigation Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Saratoga commits to continuing to take those actions and initiating further actions, as appropriate, as identified in the City Annex of that multi-jurisdictional Local Hazard Mitigation Plan. The above and foregoing resolution was approved and adopted by the City Council of the City of Saratoga on the 4th day of April 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk L~ SARATOGA CITY COUNCIL ~~ MEETING DATE: Apri14, 2007 AGENDA ITEM: ORIGINATING DEPT: Public Works i 1 PREPARED BY: ~ ~~'~ Iveta Harvancik, Assoc. Engineer CITY MANAGER: ~~ DEPT HEAD: ~ C.~X.ti.JL~~ Johif Cherbone, PW Director SUBJECT: Agreement for Professional City Surveyor Services RECOMMENDED ACTION(S): 1. Move to authorize the City Manager to execute an Independent Contractor Agreement between the City of Saratoga and CSG Consultants, Inc. for professional City Surveyor services. REPORT SUMMARY: For the past 17 years Warren McDowell has provided professional services to Saratoga as the City Surveyor. His subdivision map examination, lot line adjustment document processing and other review services were very thorough and his land surveying input to the City's Public Works and Community Development Departments was invaluable. Recently his health started to decline and late last year he decided to retire. To assist finding a new City Surveyor, staff distributed Request for Qualifications to 15 surveying companies. Out of the six companies that responded only two had pertinent experience and were suitable for the position. After careful consideration it was determined that the proposal submitted by CSG Consultants, Inc. was most responsive to the needs of the City. CSG Consultants, Inc. has provided professional engineering consulting services exclusively to the public sector for over 15 years. They currently provide City Surveyor services to the cities of Monte Sereno and Campbell and serve over 60 California communities as engineering, building, fire and life safety consultants. Therefore staff recommends that the Council approve a professional consulting contract with CSG Consultants, Inc. for City Surveyor services and authorize the City Manager to execute the same. r1 ~..J FISCAL IMPACTS: Funding is available in the adopted budget. The majority of their services will be funded by development applicants. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Contract will not be executed and CSG Consultants, Inc. will not become the City Surveyor. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The Agreement will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Independent Contractor Agreement. • CITY OF SARATOGA PUBLIC WORKS DEPARTMENT STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and CSG Consultants, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on April 15, 2007, and extends tlu-ough June 30, 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 at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish al] facilities and equipment, Public Works Department Page 1 of 17 Standard Contract which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the tenns . and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). ht the event of any inconsistency between said general provisions and any other terns or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6, EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7, CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Dave Anderson ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES AlI notices or communication concerning a party's compliance with the terms of this Agreement shall be a~ writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Cyrus Kianpour, P.E., P.L.S. Vice President, Engineering CSG Consultants, Inc. 1700 South Amphlett Boulevard, 3rd Floor San Mateo, CA 94402 Notices to City shall be sent to: Dave Anderson, City Manager City of Saratoga • 13777 Fruitvale Avenue Saratoga, CA 95070 Public Works Department Page 2 of 17 Standard Contract With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. -The remainder of this page is intentionally blank- Public Works Department Page 3 of 17 Standazd Contract IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: ~~ By. ---- Print Name: ~-~,~;,{ S k~~fi. n D o~~~ --~ Position: ~rl~ ~nc ~' ~-P~~! j Date: ' ' ~°' ~ (~ CITY OF SARATOGA, a municipal corporation By: Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By: City Attorney Date: APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements , Date: Date: Public Works Department Page 4 of 17 Standard Contract EXHIBIT A SCOPE OF WORK On request of the Public Works Director or his or her designee, Consultant will perform surveying services on behalf of the City in the following particulars: a. Review of tentative subdivision map, lot line adjustment, certificate of compliance, and other applications to assist in establishing conditions of approval relating to survey requirements of the Subdivision Map Act, Professional Land Surveyors Act and the City Code. b. Perform the land surveying functions of the City Engineer in connection with the processing of subdivision maps, pazcel maps, lot line adjustments, and certificates of compliance. c. Provide land surveying input to the City's Public Works and Community Development Departments as requested relating to City sponsored projects and City owned property and right of way. d. Provide a written response to the City by the date specified by the City or when the date is not specified, within twenty (20) working days after receipt of submitted review material and City authorization. ~J Public Works Department Standazd Contract Page 5 of 17 EXHIBIT B PAYMENT TOTAL COMPENSATION . City shall pay Contractor at the rates set forth on the attached rate schedule, exhibit B-l. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A -Scope of Work of this Agreement shall not exceed Twenty Five Thousand Dollars ($25,000.00). 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 prior to the invoice date. Hourly Rates schedule is shown on Exhibit B-l. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Public Works Department Page 6 of 17 Standard Contract ]EXHIBIT B-1 STANDARD ENGINEERING FEES i Professional Engineering Services -Hourly Rates Principal Engineer.. $150 - $190 Senior Engineer $140 Associate Engineer $125 Assistant Engineer $110 Resident Engineer $130 - $150 Construction Inspector $95 - $125 Office Engineer $90 - $100 Design Engineer $110 Engineering Technician $90 Administrative Support $75 Land Surveyors: 2-person crew $200 Expert Witness Services $250 GSG's Inspection and Construction Management Services are available for overtime at time and one half compensation; holidays and Sundays at double time compensation; differential pay for night work to be negotiated. CSG invoices monthly for services provided the previous month. Clients will receive a detailed account of work performed and cost. Additional Costs Reimbursables: Cost + 15% Mileage (if applicable): $0.50Jmile Inspection Vehicle: $8.00/hour Subconsultants: Cost + 15% Note: Personnel assigned as "Staff Augmentation" on a full time basis for an extended period, maybe charged at a reduced rate as mutually agreed by Client and Consultant. st~5~n G~FjJ G CSG Consultants, Inc. Effective January 1, 2007 Annual adjustments maybe made by mutual agreement based upon current CPI. EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and tune of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, inc]udivg, but not limiting the generality of this exclusion, .long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations raider this Agreement. I"1 ~J Public Works Department Page 7 of 17 Standard Contract . EXHIBIT D GENERAL PROVISIONS L INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall bean independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and elployee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepazed in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory perfonnance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all Public Works Department Page 8 of 17 Standazd Contract liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assigmnent of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing; Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. Public Works Department Page 9 of 17 Standazd Contract 9. COMPLIANCE WITH LAWS • a. In General. Contractor shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the teen of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors • shall comply with the City's policy of maintaining adrug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads polo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon • completion of the work to be performed hereunder or upon termination of this Agreement. Public Works Department Page 10 of 17 Standard Contract b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the . City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. - ... . c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal and Signature of Registered Professional with 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confdential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. • 13. INDEMNIFICATION Contractor and City agree that City, its employees, . agents and officials shall, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent Public Works Department Page 11 of 17 Standard Contract arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions flf this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect-City as set forth below. a. Indemnity. To the fullest extent permitted by law, -Contractor shall defend, indemnify and hold hannless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. • d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. Public Works Department Page 12 of 17 Standard Contract 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default • hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately-upon receiving notice of such- breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause • by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising wider this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION L~ the event that either party brings an action under this agreement for breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attomeys' fees and costs whether or not such action is prosecuted to judgement. . Public Works Department Page 13 of 17 Standard Contract 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. Public Works Department Page 14 of 17 Standard Contract EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial GeneralBusiness Liability Insurance with coverage as indicated: X $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage _ $ per occurrence bodily injury/$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance _ If the standard ISO Fonn wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $2,000,000 combined single limit for bodily injury and property damage $ per person/$ per accident for bodily injury $ per occurrence for property daznage $ 500,000 combined single limit for bodily injury and property damage _ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate _ $5,000,000 per loss/ $5,000,000 aggregate Public Works Department Page 15 of 17 Standazd Contract ' Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $-1-;000,000 Employer's Liability- - The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". .endeavor to ..." AND .but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." - All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Public Works Department Page 16 of 17 Standazd Contract b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its oflcers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII Public Works Department Page 17 of 17 Standazd Contract r~ u ~_~ CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MM/DDIYYYY) CSGCO-1 12 06 06 ACORD_ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO PRODUCER Pleasanton Valley Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic #0807066 suite 200 i ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ve, 6602 Owens Dr Pleasanton CA 94588 Phone: 925-462-2111 Fax: 925-462-2113-- INSURERS AFFORDING COVERAGE - NAIC # INSURED INSURER A: National Liabili & Fire INSURER 8; a lt t I INSURER C: . an s n CSG Consu 1700 South Amphlett Blvd 3rdFL INSURER D: San Mateo CA 544D2 INSURERS COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABUVC ruK Inc ruuuT rcm~+v mviw~ i ov. rvv, vvn n~ r.v.r+a..~ TERM OR CONDITION OF ANY CONITRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH Y PERTAIN , MA POLICIES. AGGREGATE LIMBS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY NUMBER DATE MM/ODNYE DATE MM/OD LIMITS LTR NSR TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE f COMMERCIAL GENERAL LIABILfIY PREMISES (Ee ooourence S CLAIMS MADE ~ OCCUR MED EXP (Anyone person) § PERSONAL S ADV INJURY f GENERAL AGGREGATE f GGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO f GENL A POLICY JEGT LOC AUT OMOBILE LIABILITY COMBINED SINGLE UMR f ' {Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per parson) HIRED AUTOS BODILY INJURY f ONAWNED AUTOS (Per accident) N PROPERTY DAMAGE ld t f (Par ecc en ) GAR AGE LIABILITY AUTO ONLY-Ep ACGDENT f ANV AUTO OTHER THAN EA ACC f AUTO ONLY: AGG f EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE f OCCUR ~ CLAIMS MADE AGGREGATE S S DEDUCIBLE S RETEMION S S WORKERS COMPENSATION AND X TORY LIMBS ER EMPLOYERS'LIABIDTY 0100016978-061 12~D4~D6 12~D4~D7 EL EACHACCIDEN( S1rDDD,ODD A ANY PROPRIETOR/PARTNER7DCECUTNE FFICER/MEMBEREXCLUDED? O EL.DISEASE-EAEMPLO S1,000rOOO y SPECIAL PROVISIONS below EL DISEASE- POLICY LIMR S 1 , OOO , OOO OTHER DESCRIPTION OFOPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDED SY ENDORSEMENT 1 SPECIAL PROVISIONS *10 days notice for non-payment of premium* Blanket waiver of subrogation applies. rnnll CI ucrclrrlurrc nvw~s~ - --- CITYSAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEE%PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O * DAYS WRITTEN City Of Saratoga NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EUT FAILURE TO DO BO SHALL Attn: City Clerk IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 13777 Frui tvale AVe. 95070 REPRESENTATIVES. Saratoga CA ED REPRESENTATIVE ( ' AUTH Z M ~ nnnon nnoonon~rlnnl .f ACORD 25 (200'1/08) 988 ACORD,~ CERTIFICATE OF LIABILITY INSURANCE oATE(MMID°"" 12/11106 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION yRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Isurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 265 Bullard, #101 Fresno, CA 9 3 7 04-1 70 6 INSURERS AFFORDING COVERAGE INSURED INSURERA Fidelity and Guaranty Insurance Undw CSG Consultants, tnc •• INEURER e: Ace American Insurance Company 1700 S. Amphlett Blvd, 3rd FI INSURER G: Hartford Fire Insurance Co. San Mateo, CA 94402-2527 INSURER D: ' " INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE GATE DD POLICY E%PIRATiO D E DO UMRS A GENERAL LIa61LRr BK02164407 12!04/06 12104/07 EACH OCCURRENCE S1 OOO ODO X COMMERCW. GENERAL LWBILRY FlRE DAMAGE(Any one Are) ESOO OOO CU11M5 MADE a OCCUR MED EXP (Any ono pereon) a10 000 PERSONALBADV INJURY 51 OOO OOO GENERAL AGGREGATE E2 OOO OOO GEN'L AGGREGATE LIMRAPPLIES P'cR: PRODUCTS -COMP/OP AGG E2 OOO OOO POLICY X PR0. LOC (.' AUT OMOBILE LU101LITY 51UENIZ2588 12/D4/O6 12104/D7 COMBINED SINGLE LIMIT (Eeecddant) 57,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perperson) E X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per ecddeM) E ': X Drive Other Car PROPERTY DAMAGE ' r P dd E ( e aa anl) GARAGE UA8IUTY ~ ~ AUTO ONLY - EA ACCIDENT S ANY AUTO ~ OTHER THAN EA ACC 5 AUTO ONLY: AOG E A E%CE89 uAeam BK02164407 12/04/06 12/04/07 EACH OCCURRENCE s3 OOO 000 X OCCUR ~ CWMS MADE AGGREGATE $3 OOO ODD S DEDUCTIBLE ~ $ RETENTION S E WORKERS COMPENSATION AND WC STATU- OTH• EMPLOYERS' LIABILITY EL EACH ACCIDENT S E.L DISEASE -EA EMPLOYE S E.L DISEASE -POLICY LIMR 3 B OTHER rofesslonal 621680072002 12104/06 12/04%07 $1,000,000 Per Claim lablll $2,000,000 A re ate DESCRIPTION OF OPERATIONSILOCATIDNSNEHICLES/E%CLU610N3 ADDED eY ENDORSEMENTISPECIALPRDVISIONS ALL OPERATIONS INCL BUT NOT LTD TO CAMPBELL STREET FEE STUDY. THE CITY OF SARATOGA IS NAMED AS ADD'L INSD ON GEN LIAB POLICY-SEE ATTACHED ENDORSEMENT CITY OF SARATOGA ATTN: CITY CLERK 13777 FRUITVALE AVE SARATOGA, CA 95070 SHOULD ANYOF TH EABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER Wlq~(~fp~.Kq(!X TO MAIL $Q_ DAYS WRRTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFTJGCAXIIDR~EL ACORD 25-5 (7/97)1 of 2 #M372724 ~ I SLY O ACORD CORPORATION 1988 Policy Number: BK02164407 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT - -- -.._ -- >,. Additional Insured: CITY OF SARATOGA - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of SECTION II. WHO IS AN INSURED, 1.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Llabiliry Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture", or if that person or organization is otherwise an insured under Paragraph 2. below. (2) "Bodily Injury°, "property damage", "personal Injury" or "advertising injury° for which such person or organization has assumed (lability in a contract or agreement, except for liability for damages that such person or organization would have In the absence of the contract or agreement; (3) "Property damage" to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization; 2. The following Is added to SECTION 11. WHO IS AN INSURED, 2.: (b) Property over which such person or organization is for any purpose Person Or Organization Required By Written exercising physical control; or Contract Any person or organization that you agree to add as an insured under th(s Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily Injury' or "property damage" occurs or the offense that causes the "personal injury° or "advertising injury' is first committed, but only with respect to that person's ar organization's liability arising out of "yourwork" far that person or organization. However, such person or organization Is not an insured with respect to any: (c) "Your work° performed for the Insured; or (4) "Bodily injury", "property damage", "personal injury" or "advertising Injury' arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service", when such person or organization Is an architect, engineer or surveyor. 3. The following Is added to SECTION 11. WHO IS AN INSURED: "Unnamed Joint Venture" (1) "Bodily Injury°, "property damage", "personal injury" or "advertising injury" that does not You are an Insured for your participation in any past or present "unnamed joint venture". arise out of: (a) Your negligence; or However, you are not an insured if the "unnamed joint I . _.~ venture" has: (b) The negligence of another person or a. Direct employees; or organization for whom you are liable; CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 1 of 2 permission. Copyright, Insurance Services Office, Inc. 2001 b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed jolntventure" is an Insured. 7 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: " b. Will apply separately to the sum of all: (1) Damages because of "bodily injury" and °property damage", under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury°, under SECTION I. COVERAGE, B. Medlcai Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects"; and 5. The following replaces SECTION IV. CONDITIONS, 5. "Dther Insurance", a. Primary Insurance, (2): (2) However, this Insurance will be considered primary to, end non-contributory with, °other Insurance ,Issued directly to a person or organization added as an additional insured under SECTION II. WHO IS AN INSURED, 2.: (a) Paragraph h. Certain Adtlitlonat Insureds By Contract or Agreement; or (b) Persons Or Organizations Required By Written Contract; If you specifically agree, in that written contract or agreement, that this insurance .must be primary to, and non-contdbutory with, such "other Insurance". This insurance will then be applied as primary Insurance for damages for "bodily injury", "property damage", °personal InJury" or "advertising (njury" to which this insurance applies and that are Incurred by such person or organization, and we will not share those damages with such "other Insurance°. 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance", b. Excess Insurance: ~. This insurance is excess over any "other Insurance" whether primary, excess, contingent or on any other basis that Is available to you for your participation In any past or present "unnamed joint • venture". . The following is added to SECTION IV. CONDITIONS, S. Transfer Of Rights of Recovery And Proceeds Against Others To Us: . ,. <.... However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paregraph Person Or Organization Required By Written Contract of SECTION II. WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury°, "property damage", 'personal inJury° or "advertising inJury" arising out of "your work' In ongo(ng operations or included in the "products- completed operations hazard°; and b. Performed under a written contract or agreement that Is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal Injuy° or "advertising injury" is committed; and c. You speclflcally agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. 8. The following are added to SECTION V. DEFINITIONS: "Unnamed joint venture" means any Joint venture in which you are a member ar partner where: a. Each and every one of your co-ventures In that Joint venture is an architectural, engineering or surveying firm; and b. That Joint venture Is not named in the Liability Coverege Part Declarations. "Your premises" means any premises, site, or location owned or occupied by, or rented to, you. "Your project": a. Means any premises, site or location at, on, or in which "your work° is not yet completed; and b. Does not Include "your premises" or any location listed in the Schedule of Premises. All other terms of your policy remain the same. CUBF 26 04 09 03 Includes copyrighted material of Insurance Services Office with its Page 2 of 2 permission, Copyr(ght, Insurance Services Office, Inc. 2001 SARATOGA CITY COUNCIL MEETING DATE: Apri14, 2007 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~~L~-+~- PREPARED BY: ~ ~--i~°~` DEPT HEAD: ~r~-~-~- . Kristin I3ore1. Administrative Analyst .Tohn Cherbone. Public Works Director SUBJECT: Council Resolution to support the Metropolitan Transportation Commission authorizing the filing of an application for federal Congestion Mitigation and Air Quality Improvement (CMAQ) funding for the deAnza Trail Project RECOMMENDED ACTION(S): Approve the resolution supporting the Metropolitan Transportation Commission's (MTC) application for CMAQ funds for the deAnza Trail Project. REPORT SUMMARY: Background: Approximately every six years, the U.S. Congress adopts a transportation act -Congress's authorization to spend tax dollars on highways, streets, roads, transit and other transportation related projects. The current transportation act is called Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA). The majority of SAFETEA funding flows to the states, and in California these funds are administered by Caltrans. However, Caltrans assigns. a significant portion of two of the programs, the Surface Transportation Program (STP) and the Congestion Mitigation & Air Quality Improvement Program (CMAQ) to MTC and other regional planning agencies to be used at their own discretion, subject to federal regulations. MTC develops and administers its own funding programs using STP and CMAQ funds to target Bay Area transportation needs. Funding from these two programs totals approximately $130 million annually. In December 2003, as part of the development of the long-range Transportation 2030 Plan, the MTC created the Regional Bicycle and Pedestrian Program to fund construction of the Regional Bicycle Network, regionally significant pedestrian projects as well as bicycle/pedestrian projects serving schools or transit. Furthermore, MTC committed $200 million in the Transportation 2030 Plan to support the regional program over a 25-year period. Discussion: The deAnza Trail Project was approved by the Valley Transportation Authority (VTA) Board on 10/05/06 to receive CMAQ grant funds as part of the VTA Bicycle Expenditure Program. To complete the application and to receive the grant money, the City must authorize a resolution of local support which states the City's commitment to complete the project as originally scoped, and comply with all requirements set fourth in the MTC Regional Bicycle and Pedestrian Program. Approval of this resolution is tied only to support of the grant process and not to approval of the project itself. The City is in the process of the environmental review and plans to have the initial study ready for public review in April. We anticipate the Council will review the initial study with the pubfic comments at a meeting in June. FISCAL IMPACTS: Federal funding requires a minimum 11.5% matching funds, and in this case $241,000. These matching funds are to be provided by an Anonymous Donor. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The grant application would not be accepted by the MTC, and the City would not be eligible for funding. ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): Forward Resolution to VTA. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Resolution Resolution of Local Support SAFETEA STP/CMAQ Funding Resolution No. Authorizing the filing of an application for federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) funding and committing the necessarv non-federal match and stating the assurance to complete the proiect WHEREAS, the City of Saratoga (herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for 1.4 million dollars in funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the deAnza Trail Project (herein referred as PROJECT). WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continues the Surface Transportation Program (23 U.S.C. § 133) and the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149); and WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project sponsors wishing to receive federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement Program (STP/CMAQ) funds for a project shall submit an application first with the appropriate Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of STP/CMAQ funds; and WHEREAS, APPLICANT is an eligible project sponsor for STP/CMAQ funds; and WHEREAS, as part of the application for STP/CMAQ funding, MTC requires resolution adopted by the responsible implementing agency stating the following: 1) the commitment of necessary local matching funds of at least 11.47%; and 2) that the sponsor understands that the STP/CMAQ funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional STP/CMAQ funds; and 3) that the project will comply with the procedures specified in Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and 4) the assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's TIP; and NOW, THEREFORE, BE IT RESOLVED that the City of Saratoga is authorized to execute and file an application for funding under the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA for the deAnza Trail Project and be it further RESOLVED that the APPLICANT by adopting this.resolution does hereby state that: 1. APPLICANT will provide $ 241,000 in non-federal matching funds; and 2. APPLICANT understands that the STP/CMAQ funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional STP/CMAQ funding; and 3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, as revised); and 4. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and RESOLVED that APPLICANT is an eligible sponsor of STP/CMAQ funded projects; and be it further RESOLVED that APPLICANT is authorized to submit an application for STP/CMAQ funds for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT'; and be it further RESOLVED that APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for STP/CMAQ funding for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's TIP. 2 PASSED AND ADOPTED by the Saratoga City Council, State of California, the 4th day of April, 2007 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk ., .~ 3 SARATOGA CITY COUNCIL MEETING DATE: April 4~h, 2007 ORIGINATING DEPT: Pu Works PREPARED BY: Morg essler, Assistant Engineer AGENDA ITEM: CITY MANAGER: ~~ DEPT HEAD: ~r~ `~'~-~ti"~`-"~_ John Cherbone, Public Works Director SUBJECT: Cox Avenue Railroad Crossing Project-Change in Cost & Supplemental Agreement RECOMMENDED ACTION(S): Move to authorize City Manager to execute Supplemental Agreement with Union Pacific Railroad Company. REPORT SUMMARY: Backgrround In Apri12005, the City of Saratoga entered into an agreement with the Union Pacific Railroad to perform track/road surface upgrades at the Cox Avenue Crossing. The scope of work that UPRR was to perform included installing new signals and gates at the crossing, and new concrete crossing plates to make the traverse of the track much smoother and less hazardous. The costs to the City to upgrade the crossing are largely being covered by a combination of grants earlier secured through, and administered by VTA and Caltrans. The estimated costs for this work were originally presented by UPRR as follows: New Signals, Gates and Controls: $278,974 New Surface Work, Rail and Plates: $69,079 Original Project Total: $348,053 Discussion When the original estimate was performed by UPRR in 2005, the amount of concrete track surface was estimated to be 601ineal feet. It was later discovered by UPRR that this quantity was made in error, and the actual amount of track surface needed was 1201ineal feet. The cost associated with this additional material represents an increase of approximately $65,000 to the original estimate. The new project costs would be as follows: New Signals, Gates and Controls: $278,974 New Surface Work, Rail and Plates: $133,969 Revised Project Total: $412,943 To date, all signal work has been completed at the crossing, and this work has been paid in full. To complete the UPRR-performed surface crossing improvements, the additional costs must be approved by the city of Saratoga, and the Supplemental Agreement executed. FISCAL IMPACTS: The additional cost associated with this project is $64,890. There are sufficient funds in the adopted CIP project entitled "Cox Avenue Rail Crossing Upgrades" to cover this amount. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Supplemental Agreement would not be executed at this time, and further improvements at the Cox Avenue railroad crossing would not move forward. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Public Works staff will transmit the executed Supplemental Agreement to UPRR. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Supplemental Agreement, Dated March 5`h 2007, as provided by UPRR. 2 of 2 BUILDING AMERICA° UPRR Folder No. 2258-66 UPRR Audit No. 5110515 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is made as of the day of 200_, by and among UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, or its predecessor in interest (the "Railroad") and the CITY OF SARATOGA, a California municipal corporation with a mailing address at 13777 Fruitvale Avenue, Saratoga, CA 95070 (the "Political Body"). RECITALS: By instrument dated May 24, 2005, the parties, entered into an agreement (the "Original Agreement") identified as Railroad's Audit No. S110515; Folder No. 2258-66, covering the reconstruction and widening of the existing Cox Road at-grade public road crossing located at Railroad Mile Post 9.66 on its Vasona Industrial Lead in Saratoga, Santa Clara County, California. The parties now desire to modify the Original Agreement by substituting Exhibit C. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: SECTION 1 -AMENDMENT OF ARTICLE 6A OF THE ORIGINAL AGREEMENT Effective as of the date first herein written, Article 6A of the Original Agreement is amended to read as follows: A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates: • Surface Estimate of Material and Force Account Work dated October 28, 2006, in the amount of $133,969.00, • Signal Estimate of Material and Force Account Work dated March 17, 2005, in the amount of $278,974.00, each marked Exhibit C and are attached hereto and hereby made a part hereof (collectively the "Estimate"). As set forth in the Estimate, the Railroad's combined estimated cost for the Railroad's work associated with the Project is ($412,943.00): SECTION 2 -EFFECTIVE DATE This Supplemental Agreement shall be effective as of the date herein written. 2258-66 City of Saratoga, CA Page 1 of 2 February 21, 2007 Cox Road BUILDING AMERICA' SECTION 3-AGREEMENT SUPPLEMENTAL This Supplemental Agreement is supplemental to the Original Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. -- IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed in triplicate as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: GREGORY L. PINKER Director Contracts WITNESS: 1'~ LJ lJ CITY OF SARATOGA 2258-66 City of Saratoga, CA Page 2 of 2 February 21, 2007 Cox Road ^..E.F ACT 2 8 200E DATE: 2006-10-28 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2007-04-28 DESCRIPTION OF WORK: REVISED REVISED REVISED ROAD CROSSING REHAB PROGRAM / VASONA IND LD / MP 9.66 RENEW OR REPLACE (120) TF OF NEW CONCRETE SURFACE. AT LOCATIONS NOTED IN SCOPE OF WORK, RECOLLECTIBLE FROM CITY OF SARATOGA,CA. UNLOAD (2 ) CARS BALLAST,AND SURFACE AND LINE TRACK. PID: 46683 AWO: 43505 MP,SUBDIV: 9.66, COAST SERVICE UNIT: 19 CITY: SARATOGA STATE: CA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK 2315 2315 2315 ENGINEERING -- - ------- -------- -------- -------- TOTAL ENGINEERING - ---- 2315 2315 2315 SIGNAL WORK FNCE-R/W,SND 590 590 590 LABOR ADDITIVE 232% 896 896 896 1 MAIL STORE EXPENSE 1 1 SALES TAX 36 36 36 SIGNS TOTAL SIGNAL 1486 38 1524 1524 TRACK & SURFACE WORK 00 CL 2 711 1164 1875 1875 BALAST BIL PRE? . 900 900 FIELD WELD 162 900 162 900 162 900 HOMELINE FREIGHT LABOR ADDITIVE 232% 48553 48553 48553 MATL STORE EXPENSE 2007 827 4758 827 6765 827 6765 R~AtL 400.00 LF 1772 5827 7599 7599 BOXING 120.00 TF 7650 19109 26759 26759 SALES TAX 1502 4800 1502 4800 1502 4800 SAW CUT STREET APPROACH 150 150 150 SCRAP TIE CONTRACTOR 3000 3000 3000 TRAFFIC CONTROL LIN 7RK-SURF 3434 3434 3434 , WELD 5248 267 5515 5515 XTIE 85.00 EA 10913 - --- 6476 ------- 17389 -------- -------- 17389 -------- TOTAL TRACK & SURFACE - - -- 80450 49680 130130 130130 LABOR/MATERIAL EXPENSE 84251 -49718 -------- - 133969 ------0 -------- RECOLLECTIBLE/UPRR EXPENSE 133969 ESTIMATED PRO7EC'f COST EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT O RECOLLECTIBLE LESS CREDIT5 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF Exhibit C Railroad's Surface Estimate To Public Road At-Grade Crossing Agreement 04/07/2005 07:47 4~ 916-789-6333 UPRR DATC: 2006-03-17 C6T170G8 OF MA78RIAL ACD PORCC ACCOUN2 NORIC BY TR8 ~n,rnv ns.m nrn mr, nn•n DBSC9IPIIOI9 oP Noitx: INSI7U.L LBO PL siDM1L9 W/CATC.9 AND CANTS, CvI GRCIfITRY, AND H6q CABiH AT COX ROAD 3W SARATOGA, CA. M.P, 9.66 CH I88 VA6@A IND. LBAD 92GAAL pRCD6LT MA1DI®i~ H~ TNOQDARRIB 789-6310 RAILROAD 10 P6RPORYI AId, -roRX / 0057 DtSIRIBO'I~ A$ POI,I.OXS: SIGNAL - CI1Y OP SARATO(',A 100A RBCOLLBCSIBL6 PID: 46709 ATiO; {3533 WP,BUBDIV: 9.66, COAST SBRVICB UNITi 19 CITY: 9ARA7'OD0. STATE: G DBSC9.! PIION Vl'I UNIT LABOR 9AY7iRI1S PCCOLL UPRR 10IA4 BNGIXCSRING MORX CNDINCBAINO 2044 7014 7041 LABOR AOD7TIV8 177.699 11120 11120 1]190 6IG-HNY XlIG 4215 {115 4215 it7IA1 IHUtNEBRINO 17379 17379 17379 SEGilAL WORE BIGNAL 72807 72907 72907 1QTAL sIOBAie 72907 729D7 7Z9o7 TPACIC a 69RPACB 4JORR BILL FRCP . 90D 900 900 aN77lACt A702 q02 8302 T4iY1'd PI7..LJ9DCIC 3000 70D0 9000 1ABOR ADDITIVE 177,699 T63D1 76308 76300 )OtT6'A SBRVICI{ 2000 5000 7000 PBRSONAI, 6XP63Di65 36:00 3630D 36300 6ALB6 SAX 5785 5295 5296 SIG-R79'I ID7G ~ 92997 479x7 02947 1WQISPORPAZ108 CNARG69 3646 1606 3646 Nt TRnPPIC CONIROL 10000 10000 10000 19TH. 7'AACK i 517RPACC 110199 68533 1A9689 169690 LABOR/MAYRRIAL BEPENSE 137631 101440 -------- •------• RBCOLLCCTI8L6/UPRR SAPHNSB 2TA97a 0 ---•---• S6TIMAlE9 pBOJBCT COST 27897{ PJU STIR6 R9DSCA8L8 WATCRIAL CREDIT 0 SALYAG6 ROWBHABLB MA1'BR1AL C7119IT 0 Rb'NLLBC7IBL6 LBS6 CREDITC -------- THE A8048 PIC13RS9 AR8 69TINASH4 CNLY AND SUBOBCI 19 PI,VCIOATI09. IN SBH BVERT OP AN INCRCASB OA OBCISASE T6 1YB COST pR QOAM'T1Y OP 74~TBRIAL 02 LA80R RAQUIRID, OPPR NI LT. BILL PDA ACTUAL CONSTitOCTIOA Cb6T6 AS 7'88 CUARCRT B3'PECIIVS RAYS. PAGE 03 Exhibit C Railroad's Signal Estimate To Public road At-Grade Crossing Agreement SARATOGA CITY COUNCIL MEETING DATE: April 4, 2007 AGENDA ITEM: ORIGINATING DE i Manager's Oft;ce CITY MANAGER: PREPARED BY: DEPT HEAD: Cathleen Bo e t C erk SUBJECT: Appeal of a tanning Commission Decision Relating to 14451 Oak Place RECOMMENDED ACTION: None. REPORT SUMMARY: Appellant withdrew appeal for the property located at 14451 Oak Place. The item is on the agenda due to the fact that it was advertised in the Saratoga News as a public hearing. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: None SARATOGA CITY COUNCIL MEETING DATE: Apri14, 2007 AGENDA ITEM: ORIGINATING DEP '•• Public Works, PREPARED BY: ~"~/"~` • Iveta Harvancik, Assoc. Engineer CITY MANAGER: DEPT HEAD: .N- ohn Cherbone, PW Director SUBJECT: Highway 9 Safety Improvements -Master Plan Approval RECOMMENDED ACTION(S): Approve Master Plan and Phase I scope of work for Highway 9 Safety Improvement Project. REPORT SUMMARY: Background The Highway 9 Safety Improvement Project is amulti-jurisdiction effort to improve bicycle and pedestrian safety along this route. The project area consists of approximately 4.4-mile long stretch of Highway 9 from Big Basin Way in Saratoga, through Monte Sereno to Los Gatos Boulevard in Los Gatos. Numerous accidents and three fatalities since 2002 stressed the need for safety improvements along this route which is a direct link between the three municipalities. It was in the public interest that all three agencies work together to form a reliable, timely, and cost effective means of completing this project. The result of this teamwork was the execution of a cooperative agreement among Saratoga, Los Gatos, and Monte Sereno that outlines all the responsibilities and assignments related to each agency during the course of the project. The Town of Los Gatos has been designated as the lead agency for the project. In addition, the agreement defines the project cost distribution. The three agencies will pay their local share based on the amount of construction within their jurisdiction. The three jurisdictions applied for, and received approval for a federal Congestion Mitigation and Air Quality grant (CMAQ). Of the overall project budget of $1,769,000, the CMAQ program will fund 88.5% of the project cost while remaining 11.5% or $204,000 will be shared among the local jurisdictions as stated above. Discussion Staff from the three municipalities and engineering consultants from BKF Engineers collaborated to develop a safety Master Plan. An ad hoc committee comprised of two Council Members from each jurisdiction was also formed to review the Master Plan and receive input from the public during three public meetings. Based on the public and ad hoc committee input during these meetings the Master Plan was developed. The Master Plan includes bicycle facilities on both sides of Highwy 9 and a continuous pedestrian access through the corridor with safe pedestrian crossings where needed. Unfortunately, the grant resources are not sufficient to fund all improvements included in the Master Plan, so project phasing is necessary. Based on the funding available from CMAQ grant, the scope of work was defined for the first phase of the project. The first phase includes shoulder widening where necessary, striping and signage to provide continuous bicycle lane or shoulder along entire corridor. Improvements also include pedestrian-activated crosswalks with embedded lights in two locations -Vickery Avenue in Saratoga and Massol Avenue in Los Gatos. A detailed scope of work for Phase I improvements is attached to this report. Improvement plans for Phase I have been submitted to Caltrans for review and approval. Existing conditions on Highway 9 require design exceptions to Caltrans Standard Specifications which can complicate the permitting process. Therefore staff and engineering consultants met several times with Caltrans reviewers to make this process as smooth as possible. We are presently awaiting the first round of Caltrans comments. After Phase I improvements are approved by each participating City Council and Caltrans Encroachment Permit is issued, bids will be solicited from construction companies. Construction is anticipated in summer of 2007. Meanwhile, staff is currently searching for other grant opportunities to fund the second phase of the project, which concentrates on pedestrian improvements as layed out in the Master Plan. FISCAL IMPACTS: Of the overall project budget of $1,769,000, the CMAQ program will fund 88.5% of the project cost while remaining 11.5% or $204,000 will be shared among the local jurisdictions based on the scope of work in each jurisdiction. $100,000 has been reserved in the CIP budget for this purpose. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Master Plan and/or Phase I scope of work will not be approved. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): After Caltrans Encroachment Permit issuance, the bids will be solicited from construction companies. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Pedestrian Master Plan 2. 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' e ~_.._. o r :-_ _ ~ ~~~r= ~ Qs Gatos o~ _ = P m~ ~ :~~~~~ ~` -~ - - Monte Sereno ~ .l ~' ~ ~'."~tp ~ B' ',-. .,ate-~ .e ~~ 4 ~:7F"M'+r - T ~ ,. 3` S 4}~ Go-" ~ tt~'3. ~ ~ ~ r -e..e._ ~.~ y ~r. ~ ~ r .. ~ ii ~• :i -' ~ ~ ~ ~ vTMB ry '' ~ ,' SARATOGA CITY COUNCIL MEETING DATE Apri14, 2007 ORIGINATING DEPT: Recreation PREPARED BY: Michael Taylor AGENDAITEM• CITY DEPT HEAD: Michael Tavl Director SUBJECT: Direction Regarding Use of Aquatics Facilities with Los Gatos-Saratoga Joint Union High School District RECOMMENDED ACTION(S): Accept report and direct Staff and the City School Ad-Hoc Committee accordingly. REPORT SUMMARY: Since 1988, the City of Saratoga has helped fund facility improvements at Saratoga High School. In the late 1980's the City contributed $16,000 to help refiubish the 8 tennis courts at the high school. On October 17, 1996 the City of Saratoga and the Los Gatos-Sazatoga Joint Union High School District entered into an agreement for cooperative program planning and use of facilities when the City contributed $10,000 towazds the new track. In 1998 and 1999, the City contributed an additional $14,000 to help fund other projects. In exchange for the contribution, the City was able to use space at Saratoga High School for classes, league play and camps. Over the years, the Recreation Department has used the gymnasium, tennis courts, outdoor basketball courts, fields and classrooms. When the use agreement was formalized, room/field rental rates were agreed upon, and when the Recreation Department uses space, the balance from the City's contribution is billed down. When Saratoga High School began their new Aquatic Center project in 2000, they requested and received $150,000 towazds the $1.5 million cost of the project. At that time, the City entered into anew five-year agreement with the high school district that does not include the City use of the pool (Attachment "A"). The agreement expired in Apri12005, and was renewed in July of 2005. That agreement expired on June 30, 2006. The balance in the City's account for use at Saratoga High School as ofApril 1, 2007 is approximately $78,404. De Anza Cupertino Aquatics (DACA) operates an aquatics program at the Saratoga High School pool. Since the expiration of the most recent City-School joint use agreement, the noon-time lap swim program sponsored by DACA at the Saratoga High School Swimming Pool has been discontinued at the direction of the local school administration. At two previous Council meetings, residents addressed Council requesting City intervention in attempting to reinstate the noon-time swim program. The swimmers have expressed their willingness to limit their access to the locker room area, to being fingerprinted, or to accept a membership program in order to be allowed to continue the noon-time swim program. The swimmers have also requested that if no other alternatives exist, that the City Recreation Department consider taking over the noon-time program and run the activity as a City sponsored offering. The City has no direct jurisdiction over the school district site, and therefore no direct means to compel the District to reinstate the noon- time swim program. The President of the School Board has made a suggestion that the City's School Ad Hoc Committee and City Manager Dave Anderson meet with Saratoga High School representatives. In addition,. since the current Joint Use Agreement with the School District has expired, staff is requesting direction from. the Council about terms that should be negotiated with the School District in order to renew the Agreement. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the City's School Ad Hoc Committee and City Manager Dave Anderson do not meet with representatives of Saratoga High School, they will not have an opportunity to discuss issues important to each organization and the Joint Use Agreement will not be able to be re-negotiated. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: N/A. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: April 4~h; 2007 AGENDA ITEM: ORIGINATING DEPT: Pu ,' ~ orks CITY MANAGER: ~~L~r i ~ (~ PREPARED BY: % DEPT HEAD: ,~rls~u- Morgan sler, Assistant Engineer John Cherbone, Public Works Director SUBJECT: Pedestrian Facilities at Herriman Avenue and Lexington Court RECOMMENDED ACTION(S): Provide direction to staff regazding pedestrian crossing facilities at the intersection of Herrman Avenue and Lexington Court. REPORT SUMMARY: BackEround At the March 21St Council meeting, staff was asked to investigate options for improving pedestrian crossing safety along Herriman Drive, particularly at the intersection with Lexington Court. This mid-block crossing is extensively used by students on their way to school, and as such safety is a major concern. Additionally, on the Lexington Court end of the crossing, there are no sidewalks or ramps, and currently the crossing simply ends at the street corner. There aze three types of safety improvements appropriate for this intersection, and these are described below. Discussion Traffic Signal This option would involve the installation of a new traffic signal at the intersection of Herriman Avenue and Lexington Court. Prior to the installation of a new traffic signal, a warrant study would need to be implemented by a traffic engineer. In all likelihood the intersection would not meet traffic warrant criteria for signalization. This is the most expensive option, and with design and construction would cost approximately $120,000. Because of the design and bid requirements, the time until completion would be on the order of eight months or more. Any new signal built in Sazatoga would need to be placed on the scheduled maintenance program so as to ensure proper operation. New PG&E electrical service would also need to be established. Flashing In-Pavement Lights Similar to the pedestrian crossing presently under construction along Highway 9 at Oak Place, this option provides in-pavement Lighting across the crosswalk. Such flashing lighting is pedestrian activated via a pushbutton at the beginning of the crosswalk. This technology is relatively new, and with few manufacturers on the market the costs are generally considered high--in this case on the order of $75,000. Some models of in-pavement lighting are solar powered, and therefore a new electrical service may not be necessary. This option could take many months to implement due to design and bidding. Sidewalk This option would provide a new ADA ramp from the Lexington Court end of the crosswalk, and concrete sidewalk along Herrman Avenue all the way to Saratoga-Sunnyvale Road. Anew sidewalk would serve to keep pedestrians, in particular children walking to Foothill School, out of the street and provide a conduit between the Lexington Court crosswalk and Saratoga-Sunnyvale Road where the intersection is controlled by a traffic signal. The cost for the sidewalk and ramp would be on the order of $45,000, and the work could be underway in a relative short amount of time due to the lower cost and relative simplicity of the project. Cost Summary Signalization of the intersection $120,000 Flashing in-pavement crosswalk lights $75,000 Sidewalk on north side of Herriman Drive $45,000 FISCAL IMPACTS: If council approves one of the three options, funding alternatives include the following: 1. City Council Contingency Fund, which has a balance of $50,000; 2. Unallocated CIP Fund Balance, which has a balance of $450,000. These two funding sources were allocated at the March 27th City Council meeting during the midyear operating & capital budget adjustment. If Council chooses one of the funding options, budget resolution will be brought back at the next scheduled Council meeting. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Council could elect to take no action regarding this issue. i 2 of 3 ALTERNATIVE ACTION(S): Refer to Traffic Safety Commission for further review and study. FOLLOW UP ACTION(S): None in addition to the above. ADVERTISING, NOTICING AND PUBLIC CONTACT: Residents in the immediate area will be contacted regarding the proposed improvements, if any. ATTACHMENTS: 1. Area Map 3 of 3 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2007 <~ AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: ~~L-~~ Dave Anderson PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD:.,,~~r~ SUBJECT: Mixed-Use Development Standards RECOMMENDED ACTIONS: Direct staff accordingly. REPORT SUMMARY: At the City Council retreat in February staff prepared a short presentation on the Mixed-Use Development Standards. At the retreat several Council members asked that the Mixed-Use Development Standards be agendized for a regularly scheduled City Council meeting. There have been several projects in the Village where the applicants have expressed interest in building owner occupied housing units in the commercially zoned areas. The current ordinance requires that all housing in mixed-use projects be rental housing. BACKGROUND: In 2002 the General Plan Housing Element was updated. In order to get the Housing Element certified by the State the City of Saratoga had to show how it would meet the City's share of the bay area regional housing needs. To do this the City approved two new policies. The first policy was to make it easier to create second units, and the second policy created additional housing opportunities through mixed-use development standards. In 2004 the City of Saratoga's Zoning Ordinance was updated to reflect the Housing Element policies creating a new ordinance, Article 15-58 (see attached article). The new ordinance provided for additional housing opportunities which allowed the Housing Element to be certified by the State and also acted to preserve the future commercial development in the City by not allowing the dwellings units to be comprised of more than fifty percent of the total building area of all buildings on the site. One of the other requirements of the article is that the residential component of a mixed-use project be rental and no greater than 1,250 square feet in size. This requirement prohibits owner occupied units such as condominiums for sale to individual owners. City Council Retreat Apri14, 2007 Page 2 Applicants have stated that without the economic advantage of selling the owner occupied units it makes financing the commercial portions of the project very difficult. In order to remove the rental requirement, both the Zoning Ordinance and the Housing Element would need to be updated. The Housing Element will need to be updated over the next few years as part of the State requirements. In order to meet the regional housing demand and get the .element certified by the State a new method to provide for housing opportunities in the City would be required. Inclusionary housing ordinances are one of the most common used tools to provide for affordable housing units. These ordinances are specifically required for cities with redevelopment agencies but are also used city wide outside of the redevelopment areas. Inclusionary housing ordinances normally require that a certain percentage of any new units being developed be affordable units. The specifics of the programs and how they are implemented vary considerably from city to city. Other methods may also be available to meet the cities housing needs and could be further researched. FISCAL IMPACTS: The budget for this fiscal year includes a 1% General Plan Maintenance Fee on building permits. Based on average building permit fees generated in past years the Community Development Department is estimating available revenue to be approximately $70,000 a year. Starting in July 07 the account will begin accruing funds. The majority of the existing funding is being utilized as part of the current General Plan .update. Staff estimates the entire fund of approximately $70,000 would be needed to update the Housing Element and the ordinance update may need an additional $20,000. ALTERNATIVE ACTIONS: As Directed. FOLLOW UP ACTIONS: Staff will continue to work on the tasks recommended by the Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: The agenda was properly posted for this meeting. ATTACHMENTS: L Article 1.5-58 Mixed-Use Development Standards 2. Map of the Village area Attachment 1 15-58.010 Article 15-58 NIIXED-USE DEVELOPMENT STANDARDS Sections: 15-58.010 Purposes of Article. 15-58.020 Development standards. 15-58.010 Purposes of Article. The purpose of the mixed-use development standards is the implementation of Program 1. l of the Housing Ele- ment of the General Plan. The goal is to implement this Housing Program in a consistent manner throughout the various commercial and office zoned districts of the City. It is further the goal of these standazds to protect existing and future commercial development. (Ord. 230 § 2 (part), 2004) 15-58.020 Development standards. (a) The maximum density is twenty dwellings per net acre. (b) The dwelling unit(s) shall be located either on the second floor or at the reaz of the parcel. (c} The dwelling unit(s) shall not comprise more than fifty percent of the total floor area of all buildings on the site. The maximum floor area allowed may be increased by ten percent for projects providing below market rate rental housing. (d) Parking for both the non-residential and the dwell- ing unit(s) shall be as specified in the Zoning Ordinance, provided that the Planning Commission may consider shazed parking in some cases. (e) Perimeter fencing shall be required to the maxi- mum height allowed in the Zoning Ordinance. (f) Each dwelling shall have private, usable outdoor space, i.e., decks, balconies, yards or patios. (g) The maximum height of a mixed-use structure shall betwenty-six feet. Structures that are solely non- residential on a site that has mixed-use, the maximum height is as it is stated in the underlying zoning. (h) The design ofmixed-use projects will be requved to conform to the policies and techniques of the Residen- tial Design Handbook and any other design standazds in place for the area of application. (i) Overall site coverage may be increased up to ten percent for projects containing deed restricted below maz- ket rate housing units. (j) Mixed-use projects shall have sound walls and landscape screening in order to protect the privacy and quality of life of abutting single-family residential lands uses. (k) The residential component ofamixed-use project shall be rental. The individual dwelling units shall range in size from eight hundred fifty square feet for one bedroom units to one thousand two hundred fifty square feet for three bedroom units Sequent mixed-use development. (1) Projects with multiple stories shall be reviewed to ensure that design features such as setbacks and window placement provide adequate privacy protection. (m) Non-residential structures or pazcels created or developed as part ofa previous mixed-use development or multi-family development may not be redeveloped as a mixed-use development at a Beater density or intensity of use. (n) Smaller mixed-use projects (twenty or fewer dwelling units) must pay an in lieu fee for park construc- tion. . (o) In lazger mixed-use projects (more than twenty dwelling units) either the developer must pay an in lieu fee for park construction or construct common, useable open space on site at the discretion of the Planning Commission based on the vicinity of existing public parks. (Ord 230 § 2 (Part), 2004) r~ ts~ro~ sue. xo. rs, rz-ocl 364 Attachment 2 _ _ .~ -_ " _.. , ~.,~~~; _ _ -,-. `,~ - ~.~~ -0~ .~. _~ ~ ; ; _ ,! ,~ ~ `~ _. .~ ,,r ,; ~~ ice.`` - - ~~, ~ ~~ . __~..x ~.-- -: F2~1-40',000 ~ - _ - - { ~~; ,- ' .~ 'r ~ ' ' ;'' ~~„ '` ~~ ; l O ~ /,~ ' ~ .. -- ~'` ~, ~t~ ~ ~ e ~ ~ o ~ .~ r ~~,` ~ ES{T~{~JEy~ i ~.~" ,x ~ e __.. _ X31 •~ ~T 3 1 '. y ~ ,~ 4 'U ~" ~ `~. ~ ^~' x =-- ~~ ~ mil" . ~ - ~ ~ ~~ l r+nn ,~ ;~'; ~' ~ ~ ~'9 ~o ~ v i J ~~-' ~~' i~ r ~~1 Ku I wn• -- ~ ~-~ _ - <<.._, _.. ~. t •, - -.._-. -- _:~_..`i- ~`. ~ , ~ , - .. ~. ~.r~ ~'/ J' ,1 ' ~ f J ~, t~, S'. i ~ r \.' ,\ E_1 ~.i •. __J ..._~ `t"~ ' l~ '~~ ~ Q 1 V ~ / i t~ ~ "h'NC ,"HR r ,~ r .~` .~ .gyp i s ^ l,~a ..8EL1y/jP".~R " ~' t ~ f .~ R-1 20000-- __ '~ a-`s,~ ' _._ S ~ . "b~ '- ~ e - _ rnu ~ `~~ _~. 1 .. } ~, -' A_ c .__, ~~... .. SARATOGA CITY COUNCIL MEETING DATE: April 4, 2007 AGENDA ITEM: ORIGINATING DEPT: Community Development CITY MANAGER: ~~-~G Dave Ande PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD: SUBJECT: Time Schedule for Site Visits RECOMMENDED ACTIONS: Direct staff accordingly. REPORT SUMMARY: At a prior City Council meeting the question was raised by a Councilmember about the best time for conducting site visits. Site visits are typically conducted for land use projects that come before the City Council for review. The site visit allows the entire Council to tour the. property and hear from the applicant and or neighbors at the location of the proposed project. Currently the Council has their site visits on Tuesday at 3:00 p.m. preceding the regularly scheduled Wednesday night Council meeting. BACKGROUND: The City of Saratoga has a tradition of having site visits on proposed land use projects for both the City Council and the Planning Commission. The Planning Commission currently conducts their site visits at 3:30 p.m. on the Tuesday before the Wednesday meeting. The site visits allow the decision making body the opportunity to inspect the proposed project location first hand. Staff typically will drive all of the Council or Commissioners in the city van to each project location. The site visits often include touring the backyard of the home or hiking on the vacant parcel. Occasionally a neighbor .will arrange for the site visit members to come into their home or backyard to have a better understanding of the proposed project from their point of view. The majority of projects also have story poles in place for'the site visits to assist the decision making body with visualizing the proposed project. The City Council has one site visit scheduled for April 17`h. The Council may wish to discuss when to implement any proposed changes to the time schedule. FISCAL IMPACTS: Altering the time schedule for site visits will have no fiscal impact. .ALTERNATIVE. ACTIONS: As directed. FOLLOW UP ACTIONS: As directed. ADVERTISING,NOTICINGRND PUBLIC CONTACT: The agenda was properlpposted forthis meeting. ATTACHMENTS: None