HomeMy WebLinkAbout04-02-2008 City Council Agenda PacketAGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, April 2, 2008 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL
CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on March 28, 2008) COMMUNICATIONS FROM COMMISSIONS &
PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The
law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction
to Staff. Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction
to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissi?ons. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamation Recognizing April 2008 as Month
of the Young Child Recommended action: Acknowledge proclamation. 2. Proclamation Recognizing April 15, 2008 as Arbor Day in the City of Saratoga and Receipt of Tree City USA Award Recommended
action: Acknowledge proclamation and accept Tree City USA Award. 1
SPECIAL PRESENTATIONS 3. Presentation -American Cancer Society Colon Cancer Free Zone Recommended action: Accept oral report by American Cancer Society representatives Jim Smaha and
Sid Faulkner. 4. Presentation -Valley Transportation Authority (VTA) -Regional Approach 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 member. Any member of the public may speak to an item on the Consent Calendar
at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 5. City Council Minutes -March 19, 2008
Recommended action: Approve minutes. 6. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for the following Accounts Payable
cycles: March 13, 2008 March 20, 2008 7. Treasurer's Report for the Month Ended November 30, 2007 Recommended action: The City Council accept the Treasurer's Report for the Month Ended
November 30, 2007. 8. Resolution Amending Council Agency and Adhoc Committee Liaison Assignments Recommended action: Adopt resolution 9. Request to Change Parks and Recreation Commission
Meeting Schedule Recommended action: Adopt resolution approving the request to change the meeting schedule of the Parks and Recreation Commission. 10. Establishment of a Community Emergency
Response Team (CERT) Advisory Committee Recommended action: Establish a CERT Advisory Committee, reporting to the City Manager, that will set up Saratoga CERT structure and authority.
11. Amendment to Annual Maintenance Service Contract – Irrigation Repairs Recommended action: 2
Approve an Amendment to the existing service contract with Hydrotec Irrigation Equipment Service for on call irrigation repair and improvements in the amount of $46,500 and authorize
the City Manager to execute the same 12. Extension of Existing Construction Contract with George Bianchi Construction, Inc. for Additional Retaining Wall Work at West Valley College
Recommended action: Authorize an increase to the change order authority for an existing construction contract with George Bianchi Construction, Inc. in the amount of $40,296 for additional
retaining wall work at West Valley College 13. Independent Contractor Agreement with RBF Consulting to prepare an update to the General Plan Housing Element Recommended action: Authorize
the City Manager to execute the agreement with RBF Consulting (RBF) to prepare an update to the City’s General Plan Housing Element. PUBLIC HEARINGS None OLD BUSINESS 14. Online Citywide
Community Calendar Recommended action: Accept report and staff’s recommendation to continue using the Saratoga Chamber of Commerce online calendar as a community calendar. NEW BUSINESS
15. Review the possible formation of an Economic Development Committee Recommended action: Review report and direct staff accordingly. 16. Code of Ethics Recommended action: Review report
and direct staff accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith Association of Bay Area Governments Comprehensive County Expressway Planning Study Advisory Board
(PAB) Hakone Foundation Executive Committee Santa Clara County Emergency Council SASCC West Valley Mayors and Managers Association Sister City Liaison Council Finance Committee Highway
9 Safety AdHoc Prospect Road AdHoc North Campus AdHoc 3
TEA Adhoc Vice Mayor Chuck Page Chamber of Commerce Hakone Board West Valley Sanitation District West Valley Solid Waste Joint Powers Association Council Finance Committee Village AdHoc
Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC City School AdHoc TEA AdHoc Councilmember
Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc North Campus AdHoc Prospect Road Adhoc Councilmember Aileen
Kao County HCD Policy Committee Northern Central Flood Control Zone Advisory Board Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) City School
AdHoc Highway 9 Safety AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER’S REPORT 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, Ann Sullivan, Acting City Clerk for the City of Saratoga, declare that the foregoing
agenda for the meeting of the City Council of the City of Saratoga was posted on March 4
28, 2008, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us Signed this 28th day of March 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk 5
NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 4/2 Regular Meeting
– Joint meeting with Library Commission and Friends of the Saratoga Libraries 4/16 Regular Meeting – Joint meeting with Youth Commission 5/7 Regular Meeting – Joint meeting with Mt.
Winery 5/21 Regular Meeting – Joint Meeting with Traffic Safety Commission 6/4 Regular Meeting – Joint Meeting with Parks and Recreation Commission 6/18 Regular Meeting – Joint Meeting
with HOA Presidents 7/2 Regular Meeting – Joint meeting with Heritage Preservation Commission and Historic Foundation 7/16 Regular Meeting – Joint meeting with SASCC 8/6 Regular Meeting
– Joint Meeting with Hakone Foundation 8/20 Summer Recess – No Meeting 9/3 Regular Meeting – Joint Meeting with West Valley Board of Trustees 9/17 Regular Meeting – Joint Meeting with
Saratoga Union Elementary School District 10/1 Regular Meeting – Joint Meeting with Montalvo Arts 10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High School District
11/5 Regular Meeting – Tentative Joint Meeting with the Saratoga Ministerial Association 11/19 Regular Meeting – Tentative Joint Meeting with the Saratoga Ministerial Association 12/3
Regular Meeting – Reorganization 12/17 Regular Meeting – No Joint Meeting Scheduled 6
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative
Analyst II Assistant City Manager SUBJECT: Proclamation Recognizing April 2008 as Month of the Young Child RECOMMENDED ACTION: Acknowledge proclamation. BACKGROUND: Month of the Young
Child is recognized nationally and celebrated by cities around the U.S. to educate parents about the benefits of high-quality early education and care. Research has shown that children
that have participated in early education programs perform better in school. These children are more likely to develop the language, mathematic, social, and emotional skills necessary
to succeed. In an effort to promote early education, the Saratoga Library has asked the City to proclaim April as Month of the Young Child. This proclamation will be presented again
during the Library’s Month of the Young Child celebration on April 6, 2008 from 11:00 a.m. – 1:1:00 p.m. at of the Saratoga Library. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING
THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. Page 1 of 2 7
Page 2 of 2 ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Month of the Young Child Proclamation 8
CITY OF SARATOGA PROCLAMATION DECLARING APRIL AS MONTH OF THE YOUNG CHILD IN THE CITY OF SARTOGA WHEREAS, the City of Saratoga, in partnership with the Saratoga Library, is celebrating
the Month of the Young Child; and WHEREAS, the Month of the Young Child is celebrated by cities, organizations, and families around the nation as a special time to recognize the benefits
of early education; and WHEREAS, the City and Saratoga Library are working to improve early learning opportunities, which are crucial to the growth and development of young children,
and to building better futures for everyone in Saratoga; and WHEREAS, all young children and their families deserve access to high-quality early education and care; and WHEREAS, research
has demonstrated that children who participate in high-quality early education and care are more likely to develop the skills they need to succeed in school; and WHEREAS, the Month of
the Young Child celebration recognizes and supports the people, programs and policies that are committed to high-quality early education as the right choice for kids; NOW, THEREFORE,
I, Chuck Page, Vice Mayor of the City of Saratoga, do hereby proclaim April 2008 as Month of the Young Child in the City of Saratoga, and urge all citizens to invest in and support early
childhood education, and BE IT FURTHER RESOLVED that I urge all citizens to recognize the contributions of early childhood teachers and caregivers who are committed to focusing special
attention on the importance of early education and care. _________________________ Chuck Page, Vice Mayor City of Saratoga 9
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative
Analyst II Assistant City Manager SUBJECT: Proclamation Recognizing April 15, 2008 as Arbor Day in the City of Saratoga and Receipt of Tree City USA Award RECOMMENDED ACTION: Acknowledge
proclamation and accept Tree City USA Award. BACKGROUND: Arbor Day is celebrated throughout the nation to recognize the environmental, economic, and social benefits of trees. On April
15, 2008, the City will be holding an Arbor Day celebration in El Quito Park at 1:00 p.m. The event will include a ceremonial tree planting to reflect the City’s dedication to preserving
Saratoga’s urban canopy. Recently, the City of Saratoga has been recognized as a Tree City USA. This award is bestowed to cities that have demonstrated a strong commitment to the preservation
of the community’s urban forest. In 2007, the Council directed staff to apply to the Tree City USA program and during the April 2, 2008 Council Meeting the Tree City USA Award will be
formally presented to the City by John Melvin of the California Department of Forestry and Fire Protection on behalf of the Arbor Day Foundation. FISCAL IMPACTS: N/A CONSEQUENCES OF
NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A Page 1 of 2 10
Page 2 of 2 FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Arbor Day Proclamation 11
CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING APRIL 15, 2008 AS ARBOR DAY IN THE CITY OF SARATOGA WHEREAS, in1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska;
and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling
costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, and fuel for our fires; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees,
wherever they are planted, are a source of joy and spiritual renewal; NOW, THEREFORE, I, Chuck Page, Vice Mayor of the City of Saratoga, do hereby proclaim April 15, 2008 as Arbor Day
in the City of Saratoga, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and BE IT FURTHER RESOLVED that I urge all citizens to
plant trees to gladden the heart and promote the well-being of this and future generations. _________________________ Chuck Page, Vice Mayor City of Saratoga 12
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: Presentation – American Cancer Society Colon Cancer Free Zone RECOMMENDED ACTION: Accept oral report by American Cancer Society representatives regarding Colon Cancer
Free Zone. REPORT SUMMARY: Representatives Jim Smaha and Sid Faulkner will give an oral presentation on “Colon Cancer Free Zone”. The presentation will include updates on the progress
of the Zone and reinforce the importance of colorectal cancer screenings. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP
ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of agenda. ATTACHMENTS: N/A 13
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: Presentation – Valley Transportation Authority (VTA) – Regional Approach RECOMMENDED ACTION: Informational only. REPORT SUMMARY: VTA Representative Jim Lawson will
give an oral presentation on recommendations for the following changes to VTA’s governance: 1. Reconfigure the small city groupings to include a new group comprised of Santa Clara, Sunnyvale
and Milpitas, and move Los Altos Hills to the West Valley City Group. 2. Eliminate the concept of city groupings selecting their representative(s) through a rotation process. Each of
the city groups will “select” their representative(s) to serve as a Director on the VTA Board. 3. VTA Directors will still serve two-year terms. However, the appointing authorities will
be encouraged to reappoint representatives to consecutive terms. 4. Include a process for selecting VTA Directors within the city groupings. VTA Directors should have the required experience
and qualifications in transportation. For additional information I have attached a memorandum dated March 7, 2008 regarding VTA Governance. This memorandum was distributed to the mayors
and managers attending the March 26, 2008 West Valley Mayors and Manager’s meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: 14
N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of agenda. ATTACHMENTS: 1 -VTA Governance Memorandum dated March 7, 2008 15
16
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: City Council Minutes – March 19, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular
Meeting – March 19, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING,
NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from March 19, 2008 17
MINUTES SARATOGA CITY COUNCIL MARCH 19, 2008 Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers
Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan,
Acting City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director
Michael Taylor, Recreation Director Crystal Morrow, Administrative Analyst Shweta Bhatt, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2008 Ann Sullivan,
Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 19, 2008, was properly posted on March 14, 2008. COMMUNICATIONS FROM
COMMISSIONS & PUBLIC Joyce Hlava, Chair of Planning Commission addressed the Council on the Joint Meeting held prior to the Regular Meeting. The main topic of the Joint Meeting was the
work schedule for the Planning Commission for 2008/2009. Chair Hlava noted that because their work schedule was already so full that they didn’t think they could add any more to it.
Chair Hlava noted the Planning Commission would be quite busy doing the Housing Element of the General Plan; and Council agreed. They also discussed issues Councilmember Kathleen King
raised regarding planning. Members of the Planning Commission agreed to schedule a study session to address those planning issues. 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. 18
The following people requested to speak at tonight’s meeting: Jim Stallman member of the Trails Sub-Committee to the Parks and Recreation Commission updated the Council on the status
of the Trail Conservation Project in the Parker Ranch neighborhood. Mr. Stallman also noted working on the Trail Project was a good way for students 14 to 18 years of age to achieve
community service hours that may be required by schools. Mr. Stallman noted students must fill out volunteer forms that are made available at the trail project site or they can download
the forms from the City’s website. Citizen Ray commented on the removal of the dead/damaged pines on Highway 9; and commented on the fact that the bicycle path is now open and has new
signage. Diane Drewke clarified her concerns regarding compliance with the Public Records Act and with uniform Code Enforcement. Priscilla Ho reported on an incident in which she was
confronted by a sexual predator. She provided advice that she had received from the Sheriff’s Office about how best to respond to such an incident; yell, run into a nearby store, call
911. ORAL COMMUNICATIONS – COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. Councilmember Kathleen King requested staff call Fred Andrade
to inform him the pines have been removed. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Communications
from Boards & Commissions. ANNOUNCEMENTS Vice Mayor Chuck Page – stated he had some comments regarding garbage and recycling diversion rates – based on the amount of recycling. Each
year an analysis is done on the diversion of waste from landfills and for the first time in recent history, the four cities that are in the West Valley Sanitation District (Campbell,
Los Gatos, Monte Sereno and Saratoga) were all above 50%; which is a state requirement under AB939. Page noted that Saratoga came in with a landfill diversion rate of 68%. Page also
noted the Chamber of Commerce is having a Business Expo on April 3rd from 4:00 to 7:00pm at West Valley College. Mayor Ann Waltonsmith noted Councilmembers are attempting to go as paperless
as possible at council meetings. CEREMONIAL ITEMS 19
1. PROCLAMATIONS RECOGNIZING THE HOUSE FAMILY FOUNDATION AND THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION FOR THEIR SUPPORT OF THE NORTH CAMPUS Mayor Waltonsmith read and presented
the proclamation to Dave House representing the House Family Foundation. Mayor Waltonsmith also read and presented the proclamation to Tracey Enfantino representing the Saratoga-Monte
Sereno Community Foundation. Councilmember Jill Hunter noted that the Community Foundation also donated $4,500 towards the banners that were placed in the Village. 2. APPOINTMENT OF
HERITAGE PRESERVATION COMMISSION AND OATH OF OFFICE STAFF RECOMMENDATION: Adopt the attached resolution appointing one member to the Heritage Preservation Commission and direct the City
Clerk to administer the Oath of Office RESOLUTION: 08-015 KAO/PAGE MOVED TO APPROVE APPOINTMENT OF JAMES SORDEN TO THE HERITAGE PRESERVATION COMMISSION. MOTION PASSSED 5-0. Ann Sullivan,
Acting City Clerk, administered the Oath of Office to James Sorden. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this
section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. CITY COUNCIL MINUTES – MARCH 5, 2008 STAFF RECOMMENDATION: Approve
minutes. Vice Mayor Page removed this item for discussion. Councilmember Page explained he had provided the Acting City Clerk with a typo in the minutes. PAGE/KAO MOVED TO APPROVE CITY
COUNCIL MINUTES OF MARCH 5, 2008 AS AMENDED. MOTION PASSED 5 -0 4. REVIEW OF ACCOUNTS PAYABLE REGISTERS 20
STAFF RECOMMENDATION: That the City Council accepts the Check Registers for the following Accounts Payable cycles: February 28, 2008 March 6, 2008 KING/PAGE MOVED TO ACCEPT CHECK REGISTERS
FOR FEBRUARY 28, 2008 AND MARCH 6, 2008. MOTION PASSED 5 -0 5. AUTHORIZATION TO PURCHASE TWO CHEVROLET SILVERADOS AND TWO CHEVROLET COLORADOS IN THE AMOUNT OF $84,250 AND DECLARATION
OF SURPLUS PROPERTIES AND AUTHORIZATION OF DISPOSAL STAFF RECOMMENDATION: 1. Move to authorize the purchase of two 2008 Chevrolet Silverados (one 1500 Model and one 3500 Model) and two
2008 Chevrolet Colorados from Courtesy Chevrolet (Morgan Hill) in the amount of $84,250 2. Move to declare the following vehicles as surplus and authorize their disposal •1992 GMC 3500
1-ton--vehicle # 81 •1995 GMC Sonoma--vehicle # 84 •1996 GMC Sonoma--vehicle # 91 Councilmember Hunter removed this item for discussion. Item approved after discussion about availability/feasibility/
esirability of purchasing hybrids. HUNTER/KING MOVED TO AUTHORIZE THE PURCHASE OF TWO 2008 CHEVROLET SILVERADOS (ONE 1500 MODEL AND ONE 3500 MODEL) AND TWO 2008 CHEVROLET COLORADOS FROM
COURTESY CHEVROLET (MORGAN HILL) IN THE AMOUNT OF $84,250. MOTION PASSED 5 – 0. 6. CITY OF SARATOGA PERSONNEL RULES AND POLICIES – PART II OF II STAFF RECOMMENDATION: Adopt the resolution
approving the City of Saratoga Personnel Rules and Policies – Part II of II. RESOLUTION: 08-017 KING/PAGE MOVED TO ADOPT RESOLUTION APPROVING THE CITY OF SARATOGA PERSONNEL RULES AND
POLICIES – PART II OF II. MOTION PASSED 5 – 0. 7. 2006 PAVEMENT MAINTENANCE PROGRAM – NOTICE OF COMPLETION STAFF RECOMMENDATION: 21
Move to accept the 2006 Pavement Maintenance Program as complete and authorize staff to record the Notice of Completion for the construction contract KING/PAGE MOVED TO ACCEPT THE 2006
PAVEMENT MAINTENANCE PROGRAM AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5 – 0. 8. RESOLUTION SUPPORTING EXTENDED
PRODUCER RESPONSIBILITY STAFF RECOMMENDATION: Adopt resolution supporting Extended Producer Responsibility. RESOLUTION: 08-020 KING/PAGE MOVED TO ADOPT RESOLUTION SUPPORTING EXTENDED
PRODUCER RESPONSIBILITY. MOTION PASSED 5 – 0. 9. AMENDMENT TO THE INDEPENDENT CONTRACTOR AGREEMENT FOR METROPOLITAN PLANNING GROUP – FY 07/08 STAFF RECOMMENDATION: Authorize the City
Manager to execute the agreement to increase by $18,000 the contract amount with Metropolitan Planning Group (MPG) for planning and development services. Councilmember Kao removed this
item for discussion. Item approved after clarification about why the amendment was needed (additional hours of service had been required of MPG during the year due to staff vacancies;
additional funds were needed to provide ongoing services through the end of the Fiscal Year). KAO/KING MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT TO INCREASE BY $18,000
THE CONTRACT AMOUNT WITH METROPOLITAN PLANNING GROUP FOR PLANNING AND DEVELOPMENT SERVICES. MOTION PASSED 5 – 0. 10. RESOLUTION CONCERNING GREEN BUILDING POLICIES STAFF RECOMMENDATION:
Adopt the attached resolution: 1. Formally recognizing Leadership in Energy and Environmental Design (LEED) and Build It Green’s GreenPoint Rated systems as official City of Saratoga
green building reference documents for informational and educational purposes; 2. Directing the City’s Community Development Department to provide LEED and/or GreenPoint Rated system
checklists to building permit applicants, and to require the completion and submittal of the appropriate checklist (based upon project type and scope) as part of the planning application.
The LEED and/or GreenPoint Rated checklist is for informational purposes only and will not be utilized by the Planning Commission in support of its findings; and 3. Establishing a standard
of LEED Silver certification or better for all City-owned new construction and renovation projects over five thousand (5,000) square feet. 22
RESOLUTION: 08-019 KING/PAGE MOVED TO ADOPT RESOLUTION (1.)FORMALLY RECOGNIZING LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) AND BUILD IT GREEN’S GREENPOINT RATED SYSTEMS AS
OFFICIAL CITY OF SARATOGA GREEN BUILDING REFERENCE DOCUMENTS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES; (2.) DIRECTING THE CITY’S COMMUNITY DEVELOPMENT DEPARTMENT TO PROVIDE LEED AND/OR
GREENPOINT RATED SYSTEM CHECKLISTS TO BUILDING PERMIT APPLICANTS, AND TO REQUIRE THE COMPLETION AND SUBMITTAL OF THE APPROPRIATE CHECKLIST (BASED UPON PROJECT TYPE AND SCOPE) AS PART
OF THE PLANNING APPLICATION. THE LEED AND/OR GREENPOINT RATED CHECKLIST IS FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT BE UTILIZED BY THE PLANNING COMMISSION IN SUPPORT OF ITS FINDINGS;
AND (3.) ESTABLISHING A STANDARD OF LEED SILVER CERTIFICATION OR BETTER FOR ALL CITY-OWNED NEW CONSTRUCTION AND RENOVATION PROJECTS OVER FIVE THOUSAND (5,000) SQUARE FEET. MOTION PASSED
5 – 0. 11. COUNCIL CONTINGENCY FUNDS STAFF RECOMMENDATION: Approve budget adjustment to appropriate additional Council Contingency funding and adopt Resolution of the City Council of
the City of Saratoga amending the annual budget for fiscal year 2007/08 to provide additional council contingency funding. RESOLUTION: 08-011 Councilmember Kao removed this item for
discussion. Item approved after discussion about the need to anticipate ongoing expenditures in the annual budget rather than using council contingency funds to pay for them. KAO/PAGE
MOVED TO ADOPT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2007/08 TO PROVIDE ADDITIONAL COUNCIL CONTINGENCY
FUNDING. MOTION PASSED 5 – 0. 12. AGREEMENT TO PROVIDE ANNUAL AUDIT SERVICES STAFF RECOMMENDATION: Authorize City Manager to enter into an agreement for professional auditing services
with Vavrinek, Trine, Day & Co., CPAs Councilmember Kao removed this item for discussion. Item approved after clarification about why the Auditors’ proposal for multi-year services included
different amounts from year to year. 23
KAO/HUNTER MOVED TO AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL AUDITING SERVICES WITH VAVRINEK, TRINE, DAY & CO., CPA’S. MOTION PASSED 5 – 0. PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants
and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting. 13. FY
2008/09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING STAFF RECOMMENDATION: 1. Conduct the Public Hearing. 2. Adopt the attached Resolution (Attachment B) authorizing the Community
Development Department to submit funding allocations to Santa Clara County for CDBG proposals totaling $133,214. RESOLUTION: 08-018 Associate Planner Shweta Bhatt presented the staff
report and noted the City had received six applications for CDBG funding three for public public service projects and three for non-public service projects. The public service projects
are: the Saratoga Araea Senior Coordinating Council (SASCC), West Valley Community Services, and Catholic Charities of San Jose. Total amount of money requested is $54,164, exceeding
the amount available by $21,432 dollars. SASCC requested $34,000 in support of the Adult Day Care Center; West Valley Community Services requested $15,164 for food pantry and emergency
services; and Catholic Charities of San Jose requested $5,000 in support of their Long Term Ombudsman Program. Non-public service projects: City of Saratoga Public Works Department requested
$55,600 funding in support of Disabled Accessible Signal Program; the City of Saratoga Recreation Department requested $12,943 funding to install a disabled accessible ramp at the Historic
Museum; and a request for funding to install disabled accessible seating in the Civic Theater. Funds previously allocated to a storage project unit have since been deemed ineligible
and have been recommended to be transferred to fund this project. Total amount to be transferred would be $6,225. Mayor Waltonsmith opened the public hearing and invited comments. The
following people requested to speak on this item: Megan Wadkins representing Catholic Charities spoke in support of funding for the Long Term Ombudsman program. Naomi Nakano-Matsamoto
spoke in support of funding for West Valley Community Services food pantry program. 24
Kim Ferm spoke in support of West Valley Community Services emergency assistance program. Victoria Yang stated she works for West Valley Community Services and noted all the great services
provided to the community by West Valley Community Services. Cathy Morris spoke as a recipient of the services provided by West Valley Community Services and noted that because of the
services provided to her she was able to get food assistance, which helped her get through a difficult time. Bradley Enright spoke as a recipient of West Valley Community Services and
was very thankful for the services he received. Susan Huff, Director of SASCC, spoke about the services provided by SASCC and the need to improve the quality of life for senior citizens.
Ms. Huff went on to explain the need for the requested funding, and noted that SASSC’s Adult Care Center currently serves 11 Saratoga residents (35% of the membership). Chuck Schoppe,
President of the Saratoga Historical Foundation spoke on behalf of the requested funding for the disabled accessible ramp to the Historic Museum. Heather Venable spoke on behalf of West
Valley Community Services and the assistance she received from them. Mayor Waltonsmith closed the public hearing. After lengthy discussion, the Council decided to: • Fully fund the “public
services” requests from three applicants by using Council Contingency Funds of $21,432 to pay for the shortfall in CDBG funds. • Fund the “non-public services” requests – accessible
signal program, disabled accessible ramp at Museum with remaining funds to be used as contingency, and fund disabled accessible seating in the Civic Theater from a prior project deemed
ineligible for CDBG funding. KING/PAGE MOVED TO ADOPT RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT FUNDING ALLOCTIONS TO SANTA CLARA COUNTY FOR CDBG PROPOSALS
TOTALING $133,214. MOTION PASSED 4 – 1 WITH COUNCILMEMBER KAO OPPOSING. COUNCIL’S DIRECTION TO STAFF: Include the following in the application form for next year: • Any matching funds
that the agency has obtained (particularly from other neighboring jurisdictions) • Total number and percentage of Saratogans served by agency’s programs. Mayor Waltonsmith declared a
break at 9:10 p.m. Mayor Waltonsmith recovened the meeting at 9:15 p.m. 25
14. PUBLIC HEARING AND ADOPTION OF (1) ORDINANCE ADOPTING AND AMENDING THE 2007 EDITIONS OF THE CALIFORNIA BUILDING, PLUMBING, MECHANICAL, ELECTRICAL AND FIRE CODES; ADOPTING A NEW EXCAVATION
AND GRADING CODE; ADOPTING A NEW REPAIR AND RECONSTRUCTION CODE AND (2) RESOLUTION REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS STAFF RECOMMENDATION:
(1) Conduct a public hearing concerning the attached ordinance and resolution introduced at the City Council meeting of February 20, 2008; (2) Adopt the ordinance Adopting and Amending
the 2007 editions of the California Building, Plumbing, Mechanical, Electrical and Fire Codes; adopting a new Excavation and Grading Code; adopting a new Repair and Reconstruction Code;
(3) Adopt the resolution regarding the need to modify the California Building Code due to local conditions. ORDINANCE: 256 RESOLUTION: 08-016 City Attorney Richard Taylor presented the
staff report. Mayor Waltonsmith opened the public hearing and invited comments. Priscilla Ho asked if the proposed changes to the building code related to a requirement to install sprinklers
included garages. After council discussion Mayor Waltonsmith closed the public hearing. HUNTER/KING MOVED TO (1) ADOPT THE ORDINANCE ADOPTING AND AMENDING THE 2007 EDITIONS OF THE CALIFORNIA
BUILDING, PLUMBING, MECHANICAL, ELECTRICAL, AND FIRE CODES; ADOPTING A NEW EXCAVATION AND GRADING CODE; ADOPTING A NEW REPAIR AND RECONSTRUCTION CODE. MOTION PASSED 5 – 0. HUNTER/KING
MOVED TO (2) ADOPT THE RESOLUTION REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS. MOTION PASSED 5 – 0. OLD BUSINESS None NEW BUSINESS 15. 2008 SPRING
ISSUE OF THE SARATOGAN STAFF RECOMMENDATION: 26
Accept report and direct staff accordingly. Council provided input about the format “look”, topic ideas and gave direction to staff for future Saratogan issues. 16. ADVANCE PLANNING
FEES STAFF RECOMMENDATION: Direct Staff Accordingly. John Livingstone, Director of Community Development presented the staff report. Item was initially tabled for clarification of financial
information. Following Council discussion the item was approved to be included in the fee schedule and brought back to Council for approval. 17. REVIEW OF ROAD MAINTENANCE FEE STUDY
STAFF RECOMMENDATION: Accept report and provide direction to staff. John Cherbone, Director of Public Works presented the staff report. Mayor Waltonsmith opened the public hearing and
invited public comment. Mayor Waltonsmith closed the public hearing. Following council discussion the item was approved to be included in the fee schedule and brought back to Council
for approval. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith – noted the West Valley Mayors and Managers would be meeting next Wednesday. SASCC – noted the next meeting is Tuesday,
March 25. Hakone Foundation – noted she attended a Special Meeting on Tuesday, which was well attended by the public. Comprehensive County Expressway Planning Study Advisory Board (PAB)
– noted the next meeting is scheduled for May. Vice Mayor Chuck Page – noted he met with the Chamber of Commerce and stated they are moving forward with plans for Taste of Saratoga in
September. West Valley Sanitation District – noted the District met and there is a lot of focus on the Waste Water Treatment Plant; they are starting a new project in Monte Sereno upgrading
old sewer lines to new sewer lines and are also upgrading sewer lines in Saratoga. Councilmember Kathleen King – noted she attended the annual Santa Clara County Cities Association dinner/meeting.
Valley Transportation Authority PAC – noted a recommendation on a potentially new division of cities and voting. King requested staff contact VTA and have a representative 27
attend the April 2, 2008 council meeting and make a presentation regarding VTA’s “regional approach”. City Schools Adhoc – noted they are trying to schedule a meeting to discuss Pop
Warner and the noise issue. Councilmember King requested changes be made to Council Assignments regarding Prospect Road and TEA Committee. (This change will be agendized on the April
2, 2008 Council meeting) Councilmember Jill Hunter – noted she met with the Historic Foundation and they are continuing to increase their membership and are sending out letters asking
people to support their organization. KSAR – noted she attended the last meeting and they are in the process of interviewing station manager candidates and are deciding whether or not
to have an Advisory Committee. Councilmember Aileen Kao – noted the City School Adhoc would be meeting with the Saratoga High School principal on Friday, March 21, 2008. Santa Clara
County Cities Association –noted she attended the dinner meeting last week and stated the association will be focusing on three items: Greening Policy, Solar Panel Permits, and Affordable
Housing. CITY COUNCIL ITEMS Councilmember Hunter noted the City would be planting a tree (donated by Rotary) at El Quito Park on April 14, 2008 in recognition of Arbor Day. Councilmember
King requested the City Garage Sale be placed on the Agenda Planner. OTHER None CITY MANAGER’S REPORT City Manager Dave Anderson reported that he would be on vacation and traveling out
of state the following week, and noted Assistant City Manager Barbara Powell would be Acting City Manager during his absence. Anderson also noted the Mayor had approved his vacation
request prior to the council meeting. Anderson also noted the Hakone meeting that took place earlier in the week was a subcommittee of the Board chaired by former Mayor Norm Kline. Anderson
reported the Architect, who has been working for Hakone for 30 years, made a presentation on the design of a visitor’s center for Hakone and gave the Committee three alternate locations
for the building: Site 1) At the present site of the existing bathroom; 2) Site of the present office building; 3) At top of the parking lot near the bamboo grove. Most everyone agreed
the visitor’s center should be located near the bamboo grove. ADJOURNMENT PAGE/KAO MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0. 28
There being no further business Mayor Waltonsmith adjourned the regular meeting at 10:50PM. Respectfully submitted, Ann Sullivan, CMC Deputy City Clerk 29
Dave Anderson Karen Caselli Anil Paul RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: March 13, 2008 March 20,
2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 03/13/08 107341 107388 48 $45,264.99 03/14/08 03/06/08 107340 03/20/08 107389 107443 55 $136,700.82 03/20/08
03/13/08 107388 Total $181,965.81 AP Date Check No. Issued to Dept. Amount 03/13/08 (No checks over $10,000) $0.00 03/20/08 107399 Public Works $31,705.00 03/20/08 107400 Community Development
$14,176.04 03/20/08 107407 CIP Activity $30,308.18 03/20/08 107438 Various $10,676.81 The following is a list of Accounts Payable checks that were voided or manually issued: AP Date
Check No. Issued to Amount 3/13/08 $128.00 3/20/08 ($450.00) Animal Control -Monthly Services Solid City of Campbell Waste Fees FY 07/08 General General City of San Jose CITY MANAGER:
SARATOGA CITY COUNCIL Finance & Administrative Services Accounts Payable Checks Released April 2, 2008 Total Checks MEETING DATE: Date SUBJECT: Review of Accounts Payable Check Registers.
PREPARED BY: Accounts Payable Ending Check No. Purpose Prior Check Register Amount The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description
of the expenditure: Fund Type of Checks Starting Check No. Various AGENDA ITEM: ACCOUNTING SUPERVISOR: Stale Dated Checks Voided and Reissued Stale Dated Checks Voided (no reissue) Description
George Bianchi Construction DEPARTMENT: El Quito Area Curb Replacement Concrete Repair -Curb, Gutter, Sidewalk Cal Card Monthly Billing U.S. Bank Purchasing Card Program 30 C:\DOCUME~1\cboyer\LOCALS~
\Temp\Staff Report
The following is a list of cash reduction by fund: Fund # AP 3/13 AP 3/20 Total 001 General 28,243.32 79,298.72 107,542.04 201 Manor Drive Landscape 5 0.13 50.13 202 Ferdericksburg Landscape
-203 Greenbriar Landscape -204 Quito Lighting -205 Azule Lighting -206 Sarahills Lighting 9 5.58 95.58 207 Village Lighting -209 McCartysville Landscape -210 Tricia Woods Landscape -211
Arroyo de Saratoga Landscape -212 Leutar Court Landscape -215 Bonnet Way Landscape -216 Beauchamps Landscape -217 Sunland Park Landscape -222 Prides Crossing Landscape -224 Village Commercial
Landscape -225 Saratoga Legends Landscape -226 Bellgrove Landscape -227 Cunningham/Glasgow Landscp -228 Kerwin Ranch Landscape -229 Tollgate LLD 2 3.89 23.89 231 Horseshoe Landscape/Lighting
-232 Gateway Landscape 1 12.55 112.55 233 Carnelian Glen -270 CDBG Administration -271 Saratoga Housing & Rehab.Prg. -400 Library Bond Debt Service -501 Equipment Replacement ISF -502
Information Technology -503 Facility Improvement 2 ,156.89 4 ,659.05 6,815.94 504 Facilities 2 ,856.39 1 ,144.05 4,000.44 505 Information Technology 3 29.84 329.84 506 Office Stores
Fund 8 1.98 8 1.98 163.96 510 Liability/Risk Mgt 3 ,203.46 3,203.46 511 Workers' Comp -701 Traffic Safety -702 Highway 9 Safety -704 -706 Sidewalk Annual Project -708 -716 Highway 9/Oak
Pedestrain -720 KSAR/CATV Agency Fund -724 Village Newsrack Enclosures -726 2 Solar Radar Feedbacks -727 El Quito Area Curb Replacement 30,308.18 30,308.18 731 Storm Drain Upgrades -Fund
Description Annual Street Resurfacing Saratoga Sunnyvale PH 2 31 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
The following is a list of cash reduction by fund: (cont.) Fund # AP 3/13 AP 3/20 Total 732 Median Landscape/Irrigation -734 Civic Center Landscape 2 50.00 250.00 735 Village Lights
(Zone 7A) -736 Village Trees Lighting -738 Cox Ave Railroad Crossing -739 5 ,112.80 5,112.80 744 Village Sidewalk, Curb/Gutter -746 Saratoga-Sunnyvale Gateway -747 -748 El Ca Grante/Monta
Vista -749 Sara-Sun Gateway Sidewalk -751 Financial System Upgrade 7 69.78 769.78 752 -755 Warner Hutton House Improv. 1 ,198.60 1,198.60 760 Facility Projects 4 ,234.56 4,234.56 761
2 ,299.00 2,299.00 762 North Campus/19848 Prospect -766 Historical Park Fire Alarm -778 -780 -783 -785 10,811.81 10,811.81 786 -789 -790 -791 3 ,949.25 3,949.25 792 Alternative Soccer
Field -793 6 94.00 694.00 795 -796 -797 San Marcos OP Space Trail -45,264.99 136,700.82 181,965.81 ---ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format TOTAL Beauchamp Park Fund Parks/Trails Repair Sara-Sun ADA Curb Ramps Trail Segment #3 Repair Teerlink
Ranch Trail Repair Carnelian Glen Footbridge UPRR/De Anza Trail Citywide Tree Replanting Kevin Moran Hakone Garden D/W Document Imaging Project Wildwood Park -Wtr/Seat Fund Description
El Quito Park Improvement Fire Alarm McWill&Book Go Prospect Road Medians 32 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
33
34
35
36
37
38
39
40
41
42
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary
Furey, Finance & Admin Services Director SUBJECT: Treasurer’s Report for the Month Ended November 30, 2007 RECOMMENDED ACTION The City Council accept the Treasurer’s Report for the month
ended November 30, 2007. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035,
designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances.
Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances.
He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically
for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash
and Investments Balance by Fund As of November 30, 2007, the City had $158,569 in cash deposit at Comerica bank, $12,938,843 on deposit with LAIF, and $1,244 in cash with fiscal agents
for the Public Financing Authority Bond account and the Library GO Bond. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to
avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of November 30, 2007 is $13,098,657
and exceeds the minimum limit required. 43
Treasurer’s Report for the Month Ended November 30, 2007 … (contd.) MONTHLY EFFECTIVE YIELD (MEY) The LAIF balance earned lower interest during the month due to decline of 100 basis
points in MEY over the previous month. The MEY is forecasted to continue to decline over the next few months. Cash Summary Unrestricted Cash Comerica Bank $ 158,569 Deposit with LAIF
$ 12,938,843 $ 13,097,413 Restricted Cash Fiscal Agents $ 1,244 $ 1,244 Total $ 13,098,657 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government
Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by
Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 44
ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at November 30, 2007 General
General Fund $ 4 28,228 Reserved Fund Balance Petty Cash Reserve $ 1 ,300 Retiree Medical Reserve $ 6 2,500 Designated Reserves: Designated for Economic Uncertainty $ 1 ,500,000 Designated
for Operations $ 2 ,688,037 Designated for Carryforwards $ 2 53,875 Designated for Grants $ 8 0,000 Designated for CIP -Radar Signs $ 4 7,000 Designated for Special Project Reserve $
4 50,000 Special Revenue Highway Users Gas Tax $ 4 06,304 Landscape and Lighting $ 2 26,401 Development Services $ 1 ,684,890 Enviromental Programs $ 7 10,667 Development Fees $ 1 17,398
Community Development Block Grant $ -SHARP loan $ 9 6,432 Capital Project Park Development Fund $ 2 1,608 Library Expansion Capital Project Fund $ 2 95,153 Street Projects $ 1 ,766,972
Park and Trail Projects $ 1 ,485,591 Facility Improvement Projects $ 3 94,063 Adminstrative Projects $ 1 67,746 Debt Service Library Bond $ 9 5,504 Internal Service Equipment Replacement
$ 5 8,573 IT Replacement $ 2 94,612 Facility Improvement $ (35,944) Equipment Maintenance $ (20,122) Information Technology Services $ (114,031) Office Stores Fund $ 1 ,344 Liability/Risk
Management $ (55,651) Workers Compensation $ (42,189) Trust/Agency Leonard Road $ (3,469) Public Financing Authority $ 1 ,244 KSAR -Community Access TV $ 3 4,621 Total City $ 1 3,098,657
45
ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at November 30, 2007. This table excludes Trust and
Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Oct Revenues Expenditures Transfers
Fund Balance 11/30/07 General Undesignated Unreserved Balance 1,928,665 (1,983,464) 1,188,582 1,015,130 118,652 Reserved Fund Balance: -Petty Cash Reserve 1,300 ---1,300 Retiree Medical
Reserve 62,500 ---62,500 Designated Fund Balances: -Designated Economic Uncertainty 1,500,000 ---1,500,000 Designated for Operations 2,688,036 ---2,688,036 Designated for Grants 80,000
---80,000 Designated for CIP Radar Signs 47,000 ---47,000 Designated for Special Projects 450,000 ---450,000 Designated for Claims 38,695 38,695 Designated for Development 1,355,080
608 -0 1,355,688 Designated for Environmental 710,668 ---710,668 Special Revenue Landscape/Lighting 316,077 (92,442) 14,483 8,822 229,295 SHARP Loan 89,588 6,744 1,111 -97,442 Capital
Project Park Development 209,087 (184,860) --24,227 Library Expansion 684,553 (1,244) --683,309 Highway Users Gas Tax 438,338 (81,276) 45,916 -402,978 Street Projects 1,703,308 193,032
72,593 129,366 -1,839,567 Park and Trails 1,298,728 372,419 -38,182 -1,632,965 Facility Improvements 441,991 (35,012) 200 13,638 -393,541 Adminstrative Projects -69,872 98,546 673 -167,746
Debt Service Library Bond 746,556 (645,704) 862 -101,714 Internal Service Fund Equipment Replacement 8,572 50,000 --58,572 Technology Replacement 352,280 (57,668) --294,612 Building
Maintenance (15,617) (4,346) 40 46,056 (65,979) Equipment Maintenance -(5,996) -14,126 (20,122) Information Technology Services -(27,427) -16,724 (44,151) Stores Fund -4,497 -3,152 1,344
Liability/Risk Management -(51,527) 6,533 10,657 (55,651) Workers Compensation -(40,607) -(524) (40,083) Total City 15,135,405 (2,514,403) 1,428,866 1,296,001 -12,753,867 46
ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative
Project Program Funds. CIP Funds/Projects Cash & Investment Balance at November 30, 2007 Street Projects Traffic Safety 28,577 Highway 9 Safety Project 58,960 Annual Street Resurfacing
Project 59,429 Sidewalks Yearly Project 98,980 Saratoga Sunnyale Road Resurfacing 121,934 Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road Bridge
Replacement 9 ,730 Quito Road Bridge Construction 113,859 Solar Power Radar Feedback Signs 62,000 El Quito Area Curb Replacement 104,047 Sobey Road Culvert Repair 150,000 Storm Drain
Upgrades 11,314 Median Repairs(Landscape/Irrig.) 4 ,021 Village Improvements 50,000 Village Trees & Lights at Sidestreets 3 9,920 Cox Ave Railroad Crossing Upgrade (25,956) Prospect
Road Median 50,000 City Entrance Sign/Monument 13,467 Village-Streetscape Impv (Sidewalk, Curbs) 737,846 Saratoga-Sunnyvale/Gateway (15,383) Saratoga-Sunnyvale ADA Curb Ramps (350) Storm
Drain @El Camino /Mt Vista 8 5,321 Saratoga-Sunnyvale/Gateway Sidewalk 74,148 Total Street Projects $ 1,766,972 Parks & Trails Beauchamp Park Fund 13,362 Wildwood Park -WTR/Seat 9 ,199
Historical Park Landscape 37,200 Citywide Tree Replanting 92,059 Hakone Garden D/W 164,283 DeAnza Trail (190,282) Kevin Moran Improvements 1,096,084 West Valley Soccer Field 147,860
Park/Trail Repairs 3 7,125 Heritage Orchard Path 25,000 Trail Segment #3 Repair 12,632 Teerlink Ranch Trail 30,000 San Marcos OP Space Trail 5 ,130 CIP Allocation Fund 5 ,939 Total Parks
& Trails $ 1,485,591 Facility Improvements Civic Center Landscape 49,708 WHH Improvements 22,396 Facility Projects (250) Fire Alarm at McWilliams & Museum 20,387 North Campus -19848
Prospect Road 295,560 Historical Park Fire Alarm System 6 ,262 Total Facility Improvements $ 394,063 Administrative Projects Financial System Upgrade 70,734 Document Imaging Project
97,011 Total Administrative Projects $ 1 67,746 Total CIP Funds $ 3 ,814,371 47
ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project
Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Oct Revenues Expenditures Transfers Fund Balance 11/30/07 Street Projects Traffic Safety 41,355 (6,007) -6 ,771
28,577 Highway 9 Safety Project 58,960 ---58,960 Annual Street Resurfacing Project -59,987 -559 59,429 Sidewalks Yearly Project 108,605 (9,625) --98,980 Saratoga Sunnyale Road Resurfacing
-122,119 72,593 1 85 194,527 Fourth Street Bridge 100,000 ---100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) ---(164,891) Quito Road Bridge Replacement 9,730 ---9,730 Quito
Road Bridge Construction 113,859 ---113,859 Solar Power Radar Feedback Signs 15,000 47,000 --62,000 El Quito Area Curb Replacement 213,179 (37,629) -7 1,503 104,047 Sobey Road Culvert
Repair 150,000 ---150,000 Storm Drain Upgrades 11,314 ---11,314 Median Repairs(Landscape/Irrig.) 4,021 ---4,021 Village Improvements 50,000 ---50,000 Village Trees & Lights at Sidestreets
7,000 32,920 --39,920 Cox Ave Railroad Crossing Upgrade 24,392 --5 0,348 (25,956) Prospect Road Median 50,000 ---50,000 City Entrance Sign/Monument 13,467 ---13,467 Village-Streetscape
Impv (Sidewalk, Curbs) 737,846 ---737,846 Saratoga-Sunnyvale/Gateway 74,148 (89,531) --(15,383) Saratoga-Sunnyvale ADA Curb Ramps -(350) --(350) Storm Drain @El Camino /Mt Vista 85,321
---85,321 Saratoga-Sunnyvale/Gateway Sidewalk -74,148 --74,148 Total Street Projects 1,703,308 193,032 72,593 129,366 -1,839,567 Parks & Trails Beauchamp Park Fund -13,362 --13,362 Wildwood
Park -Water Feature/Seating -10,000 -8 01 9,199 Historical Park Landscape -37,200 --37,200 Citywide Tree Replanting -106,530 -1 4,471 92,059 Hakone Garden D/W 164,283 ---164,283 DeAnza
Trail (184,219) 141,362 -5 0 (42,907) Kevin Moran Improvements 1,112,298 (14,962) -1 ,252 1,096,084 West Valley Soccer Field 155,868 (8,009) --147,860 Park/Trail Repairs 44,558 (6,618)
-8 15 37,125 Heritage Orchard Path -25,000 --25,000 Trail Segment #3 Repair -13,225 -5 94 12,632 Teerlink Ranch Trail -30,000 --30,000 San Marcos OP Space Trail -25,328 -2 0,199 5,130
CIP Allocation Fund 5,939 ---5,939 Total Parks & Trails 1,298,728 372,419 -3 8,182 -1,632,965 Facility Improvements Civic Center Landscape 63,703 (1,079) -1 2,918 49,706 Warner Hutton
House Improvements 25,000 (2,605) --22,395 Facility Projects -(250) --(250) Fire Alarm at McWilliams & Museum 25,000 (4,613) --20,387 North Campus -19848 Prospect Road 322,025 (26,466)
200 7 20 295,040 Historical Park Fire Alarm System 6,262 ---6,262 Total Facility Improvements 441,991 (35,012) 200 13,638 -393,541 Administrative Projects Financial System Upgrade -70,734
--70,734 Document Imaging Project -(862) 98,546 6 73 97,011 Total Administrative Projects -69,872 98,546 673 -167,746 Total CIP Funds 3,444,027 600,311 171,339 181,858 -4,033,819 48
ATTACHMENT E 49
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, DEPT HEAD: Acting City Clerk
SUBJECT: Resolution Amending Council Agency and Adhoc Committee Liaison Assignments RECOMMENDED ACTION(S): Adopt a resolution amending Resolution 07-076 appointing Council representatives
to Committees, Agencies and Ad hoc Committees. REPORT SUMMARY: The City Council reorganized on December 4, 2007 for the coming year and assignments to various agencies and ad hoc committees
were adopted by Resolution No. 07-076. Councilmember King was appointed to serve as the City’s representative on the Prospect Road Ad hoc Council Committee. At the March 5, 2008 Council
meeting Councilmember King requested to be appointed to a new Council Committee – the Tax Equity Allocation (TEA) Adhoc. Councilmember Hunter offered to be the council representative
on the Prospect Road Ad hoc in place of Councilmember
King. The following changes to the the Council Agency and Ad hoc Committee have been requested by the Mayor and are reflected in the attached resolution: Agency Councilmember Councilmember
Prospect Road Ad hoc Waltonsmith King Hunter TEA Ad hoc Waltonsmith King FISCAL IMPACTS: N/A 50
2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Council Agency and Ad hoc Committee Liaison Assignments would remain the same and no new Ad hocs will be added to the assignments.
ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Agenda. ATTACHMENTS: 1. Proposed Resolution Amending
No. 07-076 51
RESOLUTION NO. 08-RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 07-076 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES, AGENCIES AND AD HOC COMMITTEES WHEREAS,
the City Council reorganized on December 4, 2007 for the coming year; and WHEREAS, representatives from the City Council serve on various committees, agencies, and Ad hoc committees;
and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that the following changes be made to the Prospect
Avenue Ad hoc and that the TEA Ad hoc be reconstituted. These changes expire December 2008, or until revised. Agency Councilmember Councilmember Prospect Avenue Adhoc Waltonsmith King
Hunter TEA Adhoc Waltonsmith King The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of April 2008, by the
following vote: AYES: NOES: ABSENT: ABSTAIN: ____ Chuck Page, Vice Mayor ATTEST: Ann Sullivan, Acting City Clerk 52
53
54
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative
Analyst II Assistant City Manager SUBJECT: Request to Change Parks and Recreation Commission Meeting Schedule RECOMMENDED ACTION: Adopt resolution approving the request to change the
meeting schedule of the Parks and Recreation Commission. BACKGROUND: After being suspended in 2005, the Parks and Recreation Commission has been reactivated and held its first meeting
on March 11, 2008. During the meeting, the Commissioners discussed the meeting schedule and agreed to meet from 6:30 p.m. to 8:30 p.m. in the Planning Conference Room at City Hall on
the second Tuesday of odd-numbered months (January, March, May, July, September, and November). The schedule agreed upon during the meeting works well for all five Parks and Recreation
Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The meeting schedule of the Parks and Recreation Commission would be revaluated. ALTERNATIVE
ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. Page 1 of 2 55
Page 2 of 2 ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Draft Resolution amending the regular meeting schedule of the Parks and Recreation
Commission 56
RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE MEETING SCHEDULE FOR THE SARATOGA PARKS AND RECREATION COMMISSION WHEREAS, the Saratoga City
Council adopted Resolution 432 establishing the Saratoga Parks and Recreation Commission; and WHEREAS, Resolution 432 mandates that the Parks and Recreation Commission establish a regular
time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Governance Code Sections 54952 and following)
and abide by State law; and WHEREAS, in September 2004, the Council adopted Resolution 04-070 amending the start time of regular Parks and Recreation Commission meetings from 7:30 p.m.
to 7:00 p.m.; and WHEREAS, the Council adopted Resolution 05-032 in May 2005 to suspend the Parks and Recreation Commission and renewed suspension of the Parks and Recreation Commission
in March 2006 with Resolution 06-020; and WHEREAS, the Council agreed to reactivate the Parks and Recreation Commission during the May 16, 2007 Council Meeting and the Parks and Recreation
Commission began meeting again on March 11, 2008 and requested their meeting schedule be changed to 6:30 p.m. to 8:30 p.m. in the Planning Conference Room at City Hall on the second
Tuesday of odd-numbered months (January, March, May, July, September, and November); NOW THEREFORE, BE IT RESOLVED, that pursuant to Code Section 54954 that the regular meeting schedule
of the Parks and Recreation Commission shall be as follows: TIME: 6:30 p.m. – 8:30 p.m. DATE: 2nd Tuesday of odd-numbered months (January, March, May, July, September, and November)
LOCATION: Saratoga City Hall, Planning Conference Room The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga, State of California, on
this 2nd day of April 2008 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Chuck Page, Vice Mayor ATTEST: Ann Sullivan, Acting City Clerk 57
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Jim Yoke, Emergency Services DIRECTOR: Coordinator,
Santa Clara County Fire Department SUBJECT: Establishment of a Community Emergency Response Team (CERT) Advisory Committee RECOMMENDED ACTION: Establish a CERT Advisory Committee, reporting
to the City Manager, that will set up Saratoga CERT structure and authority. REPORT SUMMARY: On October 26, 2006, the first meeting of Saratoga CERT was held in the Community Center.
At that time there was no CERT program in Saratoga and the only residents trained in CERT received their training from personnel from other cities. At that meeting a Saratoga program
began to take shape and since then two training academies have been held, and an organized entity has taken shape. Saratoga has a group of volunteer leaders who work on planning, communications,
and logistics, a cargo box next to the corporation yard with various emergency supplies for both the City and for CERT, and Saratoga CERT exists as a resource to be used by the City
in time of disaster. However, the program still lacks any official or formal recognition as an entity within the City and if established as a committee under the purview of the City
Manager it would have that designation. A copy of proposed guidelines for the Advisory Committee is attached for your reference. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED
ACTION: Saratoga CERT will continue to exist with an undefined role and relationship to the City. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: 58
Write and approve By-Laws for the Advisory Committee so that detailed leadership and membership direction can be established, and appoint members to the Advisory Committee. ADVERTISING,
NOTICING AND PUBLIC CONTACT: NA ATTACHMENTS: Proposed Saratoga CERT Advisory Committee Guidelines 59
Proposed Saratoga CERT Advisory Committee Guidelines March 27, 2008 I. Mission – The Saratoga Emergency Response Team (CERT) will serve the City and its residents in disaster preparedness
and response. II. Goals A. Organize Saratoga CERT with a structure and Operational Plan supporting its mission. B. Educate and maintain the disaster preparedness of Saratoga CERT members.
C. Organize the neighborhoods of Saratoga for both preparedness and response phases of disaster work. D. Collaborate with both the City and the first responder community in preparedness
efforts E. Cooperate with both the City and the first responder community during disaster response. III. Liaison – The liaison between the City Manager and Saratoga CERT is the Santa
Clara County Fire Department Emergency Services Coordinator for the City of Saratoga. IV. Structure A. Administrative – The administrative structure of Saratoga CERT is to be outlined
in detail in its By-Laws, and will give guidance to membership, training requirements, and terms of internal leadership. B. Operational – The operational structure of Saratoga CERT is
to be outlined in detail in its Operational Plan, and describes how CERT will function in time of disaster. Included are methods of activation and notification of the team, methods of
deployment of neighborhood divisions, methods of communications, and interaction between field divisions, incident command posts, and the City Emergency Operations Center (EOC). V. Authorities
A. Saratoga CERT is part of the Operations Section of the Saratoga Emergency Operations Center and is to be included in the revised Saratoga Emergency Operations Plan. B. The Saratoga
CERT Advisory Committee will report to the City Manager. C. Members of Saratoga CERT are sworn Disaster Service Workers for the City of Saratoga. D. Saratoga CERT is registered as an
official CERT program with the United States Department of Homeland Security and California Volunteers in the Governor’s Office. VI. Training Goals & Methods – Saratoga CERT in partnership
partnership with West Valley College holds two training academies per year, one in the spring and one in the autumn. These academies are open to all Saratoga residents and West Valley
College staff and students. Training includes both classroom and practical lessons in disaster preparedness, small firefighting, disaster medical operations, light search and rescue,
team organization, disaster psychology, and terrorism. VII. Operational Methods – Saratoga CERT is organized by neighborhoods where residents have been trained. Each neighborhood is
referred to as a “division” and each division has arranged for staging areas where members will gather in time of disaster, how they will communicate with each other, and has supplies
to enable them to achieve their tasks. Separate from the divisions, other individual CERT members will be identified and are tasked with reporting to the City EOC, assisting the City
in managing spontaneous volunteers, and providing logistical support from the team’s main supply cache to the divisions in the field. 60
61
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director
Public Works Director SUBJECT: Amendment to Annual Maintenance Service Contract – Irrigation Repairs RECOMMENDED ACTIONS: Approve an Amendment to the existing service contract with Hydrotec
Irrigation Equipment Service for on call irrigation repair and improvements in the amount of $46,500 and authorize the City Manager to execute the same. REPORT SUMMARY: On October 4,
2006 the City Council approved a two year Maintenance Service Contract for Irrigation Repairs in the amount of $60,000. This service is used primarily for on call repair work and service
repairs to existing facilities impacted by Capital Project work. The current contract is held by Hydrotec Irrigation Equipment Service. The contract expires at the end of this fiscal
year. The award of the service contract went through an informal bid process as is allowed allowed for service contracts. Hydrotec Irrigation was determined to be the lowest responsible
contractor. Since award of the contract in 2006, the original expenditure authority is almost expended and new capital and other miscellaneous projects are coming on line in which the
need for irrigation repairs and modifications may be required. Staff recommends an additional expenditure authority in the amount of $46,500 for the remaining term of the service contract.
The following summarizes the estimated cost for additional irrigation repairs and associated projects: Location(s): Est. Cost Source of Funds Citywide Tree Planting: $18,600 Tree Fine
Account El Quito Park: 3,500 El Quito Park Improvements Congress Springs Park: 4,000 Park and Trail Repairs Civic Center: 8,400 Civic Center Landscape Improvements West Valley College:
12,000 West Valley College Soccer Field Improvements Total: $46,500 The above listed estimated costs are for budget purposes only as amount of repairs and or modifications to existing
irrigation systems will be unknown until the projects are underway. Each source of funds contains sufficient funding to support the requests. Therefore it is recommended that City Council
approve an increase to the service contract with Hydrotec Irrigation Equipment Service in the amount of $46,500. Page 1 of 2 62
Page 2 of 2 FISCAL IMPACTS: Funding for this service is covered in the adopted CIP. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: As irrigation repairs or modifications arise work
will be delayed. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The existing service contract will be amended. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing
additional. ATTACHMENTS: Amendment to Annual Maintenance Service Contract. 63
CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"),
and HYROTECH IRRIGATION EQUIPMENT SERVICES, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered an independent contractor agreement dated July 1, 2006 (“Original
Agreement”); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the scope of work and change the payment terms of the Original Agreement by entering
into this Amendment Agreement to amend the Original Agreement. NOW THEREFORE, the parties hereto agree as follows: 1. Amended Payment Terms. The payment amount included in Exhibit B
Section 1, Total Compensation, is hereby amended from $60,000 to $106,500. All other terms of Exhibit B shall remain in full force. IN WITNESS WHEREOF, the parties hereto have executed
this Amendment. City of Saratoga Contractor By: _______________________ Dave Anderson, City Manager ______ Date By: ________________________ ___________________________, [Print Name]
___________________________ [Title] _____ Date Attest: _____________________ Ann Sullivan, Acting City Clerk ______ Date Approved as to Form: ___________________________ Richard S. Taylor,
City Attorney ______ Date Approved as to Budget authority and insurance: __________________________ Mary Fury Administrative Services Director _______ Date 64
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director
Public Works Director SUBJECT: Extension of Existing Construction Contract with George Bianchi Construction, Inc. for Additional Retaining Wall Work at West Valley College RECOMMENDED
ACTIONS: Authorize an increase to the change order authority for an existing construction contract with George Bianchi Construction, Inc. in the amount of $40,296 for additional retaining
wall work at West Valley College. REPORT SUMMARY: Staff is proposing a contract change order with George Bianchi Construction, Inc. for additional retaining wall work at West Valley
College as indicated in the Recommended Action above. George Bianchi Construction, Inc. has agreed to extend their low bid proposal for this additional work. West Valley College Retaining
Wall Discussion This work is connected to the expansion of the lower sports field at West Valley College. Currently work on the upper field is complete and is being used by the City’s
youth sport groups. The lower field is anticipated to be ready for play this fall. Background At the June 20th, 2007 City Council Meeting, the Council authorized George Bianchi Construction
to construct a retaining wall at West Valley College in the amount of $75,000. This work is connected to the expansion of the lower sports field at West Valley College. The completion
of the project will provide access to the second of two soccer fields at West Valley College being improved by the City for youth sports. Funding for this project is approved in the
adopted Capital Improvement Plan (CIP). During the last update of the CIP Council authorized an additional $75,000 towards the project in part due to additional costs associated with
the retaining wall construction. The following information summarizes the approved project budget and expenditures to date for the West Valley College Soccer Field Improvement Project:
Approved Budget: Original Budget: $250,000 Page 1 of 2 65
Page 2 of 2 Budget Amendment: 75,000 Approved Budget: $325,000 Current Expenditures: Sand Channel Improvements: $106,540 (Upper Soccer Field) Retaining Wall: 74,835 Total to Date: $181,375
Current Project Balance: $143,625 Estimated Remaining Expenditures: Retaining Wall (add work): $23,296 Concrete Removal: 17,000 Subtotal: 40,296 (Recommended Action) Irrigation/Misc.
Repair Work: 12,000 Sand Channels/Grading: 91,329 (Lower Soccer Field) Total to Complete: $143,625 Therefore it is recommended that City Council approve an increase to the change order
authority with George Bianchi Construction in the amount of $40,296. FISCAL IMPACTS: Funding for this change order is covered in the adopted CIP. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED
ACTION: The work will not move forward at this time. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The existing contract will be amended, and the additional work
will be scheduled. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 66
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan DIRECTOR: John F. Livingstone
Senior Planner Community Development Director ___ _________________ SUBJECT: Independent Contractor Agreement with RBF Consulting to prepare an update to the General Plan Housing Element
__________________ RECOMMENDED ACTION: Authorize the City Manager to execute the agreement with RBF Consulting (RBF) to prepare an update to the City’s General Plan Housing Element.
REPORT SUMMARY: Every five years the City of Saratoga (City) is required by the State of California (State) to update the City’s Housing Element. On October 16, 2007, the City Council
and the Planning Commission held a public hearing to discuss the update to the City’s General Plan Housing Element and to provide direction to staff on the scope of work to be included
in the Requests for Proposals (RFP) from consulting firms. The City Council appointed a three member Planning Commission Committee (Committee) to assist staff in preparing the RFP. After
the scope of the RFP was approved by the Committee, it was sent to twenty-four land use consulting firms located both in California and outside the State. The City received proposals
from three qualified firms. Staff and the Committee reviewed the three proposals in detail and rated them on the following parameters: • Cost • Schedule • Scope • Qualifications • Experience
• Service • Deliverables Based on the review and after extensive discussion of the three proposals, staff and the Committee selected RBF Consulting as the most qualified consultant to
proceed in the selection process and to be Page 1 of 2 67
Page 2 of 2 interviewed. On March 4th, representatives of RBF met with staff and the Committee at City Hall to discuss their proposal and to answer questions about their experience and
qualifications. Afterwards, staff and the Committee made the final decision to move forward with RBF and to make a positive recommendation to City Council. FISCAL IMPACTS: The budget
for this fiscal year includes a General Plan Maintenance Fee (GPMF) on building permits. Based upon average building permit activity, the Community Development Department estimates revenues
from the GPMF to be approximately $70,000 per fiscal year. There is $53,088 of GPMF revenue collected to date (March 28, 2008) this fiscal year. The scope of work in the agreement with
RBF Consulting calls for work to commence in April 2008, with payments totaling $71,500 over the following 6 to 8 months. Based on past revenue collections, staff expects to have the
full funding available from the GPMF within the next four months. Staff will direct the consultant to pace the work within the available revenues collected to ensure funding is available.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would have to consider selecting a different Land Use Consultant to prepare the update to the General Plan Housing Element.
ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Execute the contract agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: The agenda was properly posted on March 28, 2008. ATTACHMENTS: 1.
Agreement with RBF Consulting 2. Proposal from RBF Consulting 68
City of Saratoga/Standard Contract Agreement Page 1 of 19 RBF Consulting CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by
and between the CITY OF SARATOGA, a municipal corporation ("City"), and RBF Consulting, a California Corporation, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires
the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified
work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions
hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall
provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this
Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on April 3, 2008, and extends
through April 3, 2009, or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain
the right to terminate this Agreement as provided in Exhibit D at all times. 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 69
City of Saratoga/Standard Contract Agreement Page 2 of 19 RBF Consulting payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to
this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor
shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor
only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide
by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement,
the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are
by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Mary Furey ("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 All notices or communication concerning a
party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier.
The 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 70
City of Saratoga/Standard Contract Agreement Page 3 of 19 RBF Consulting 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: Tricia Schimpp Manager, Environmental Planning Services RBF Consulting 111 West Saint John Street, Suite 850 San Jose, CA 95113-1122
Notices to City shall be sent to: John Livingstone City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City
of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect
to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein, and that no 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. 71
City of Saratoga/Standard Contract Agreement Page 4 of 19 RBF Consulting IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ________________________________
Date: _________________ Print Name: _________________________ Position: ____________________________ CITY OF SARATOGA, a municipal corporation By: __________________________________
Date: __________________ Name: _______________________________ Title: _______________________________ APPROVED AS TO FORM: By:_______________________________ Date:___________________
City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By:_______________________________ Date: __________________ 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 72
City of Saratoga/Standard Contract Agreement Page 5 of 19 RBF Consulting EXHIBIT A SCOPE OF WORK Contractor shall complete the Scope of Work as outlined in the attached proposal for
an update to the General Plan Housing Element, prepared by RBF Consulting, dated January 30, 2008, and which is on file in the Community Development Department. 73
City of Saratoga/Standard Contract Agreement Page 6 of 19 RBF Consulting EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of Seventy
One Thousand, Three Hundred Fifty dollars ($71,350.00) for work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total
which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during
the
term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial
identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings,
the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory
progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred
by Contractor except as specified in Exhibit A to this Agreement. 74
City of Saratoga/Standard Contract Agreement Page 7 of 19 RBF Consulting EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and
conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location,
quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring
any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor
shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 75
City of Saratoga/Standard Contract Agreement Page 8 of 19 RBF Consulting EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor
shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices
in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall
not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by
this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor
to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations
set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required
pursuant to this Agreement in the manner and according to generally accepted standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical
area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in accordance
with the standards of quality normally observed by a person practicing in Contractor's profession as set forth above. 3. TIME Contractor shall devote such time to the Scope of Work pursuant
to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify
in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied,
pursuant to this Agreement to bind City to any obligation whatsoever. 76
City of Saratoga/Standard Contract Agreement Page 9 of 19 RBF Consulting 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for
seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment,
workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal
and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to
pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right
or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the
consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a.
Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time
during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of
such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement
have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary
documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents
and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor,
or that the Contractor has already disclosed all such relevant information. 77
City of Saratoga/Standard Contract Agreement Page 10 of 19 RBF Consulting 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. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall
comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the
performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor
represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession.
Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Contractor to practice its profession. 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. 78
City of Saratoga/Standard Contract Agreement Page 11 of 19 RBF Consulting d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's
policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with
performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation
occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability,
sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied
the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed
hereunder or upon termination of this Agreement. Use of such documents by City for project(s) not the subject of this Agreement shall be at City’s sole risk without legal liability or
exposure to Contractor. b. Retention of Records. Until the expiration of three (3) 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. 79
City of Saratoga/Standard Contract Agreement Page 12 of 19 RBF Consulting 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 report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in
the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or
at any time thereafter. Upon expiration of this Agreement, or termination as provided provided herein, Contractor shall return materials which contain any confidential information to
City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates
to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY
OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City,
to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other
causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials
shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, reasonable attorneys fees, litigation costs, defense costs,
and court costs or any other cost arising out of or in any way related to the negligent performance under this Agreement. Accordingly, the provisions of this indemnity provision are
intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this
80
City of Saratoga/Standard Contract Agreement Page 13 of 19 RBF Consulting agreement in the absence of the commitment of Contractor to indemnify and protect City. a. 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. b. 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. c. 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. 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 81
City of Saratoga/Standard Contract Agreement Page 14 of 19 RBF Consulting 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15)
days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that
if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly
commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate
the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the
full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek
any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement
shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior
to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential
information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17.
DISPUTE DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims,
they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys
fees. 82
City of Saratoga/Standard Contract Agreement Page 15 of 19 RBF Consulting 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof
or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered
and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California.
If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this
Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement be supplemented 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. 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. 83
City of Saratoga/Standard Contract Agreement Page 16 of 19 RBF Consulting EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated
in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements
and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's
insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business
Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily
injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER
INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and
any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. 84
City of Saratoga/Standard Contract Agreement Page 17 of 19 RBF Consulting X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury
and property damage ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit
for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless
of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: $1,000,000 per loss/$2,000,000 aggregate ___ $5,000,000 per loss/$5,000,000
aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this
requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum
$1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes
the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing
the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) 85
City of Saratoga/Standard Contract Agreement Page 18 of 19 RBF Consulting 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 losses and related investigations, claim administration and defense expenses. b. City
as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf
of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor.
The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions.
The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officers, officials, employees or volunteers. 86
City of Saratoga/Standard Contract Agreement Page 19 of 19 RBF Consulting 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. 4. For any claims related to this project, the Contractor’s insurance coverage
shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials,
employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than a: VII. 87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative
Analyst II Assistant City Manager SUBJECT: Online Citywide Community Calendar RECOMMENDED ACTION: Accept report and staff’s recommendation to continue using the Saratoga Chamber of Commerce
online calendar as a community calendar. BACKGROUND: During the February 2008 Council Retreat, staff was directed to research and report back to the Council
with options for developing an online citywide community calendar. In particular, staff was asked to compare the benefits of a calendar run by Artsopolis or a calendar maintained by
the Saratoga Chamber of Commerce. Artsopolis is a local non profit that was established to promote arts and culture in Silicon Valley by offering an online calendar featuring arts and
culture events. These events can be submitted to Artsopolis for free. Additionally, Artsopolis offers online calendar services for other businesses or government agencies. Artsopolis
has created and now maintains community calendars for Silicon Valley Community Newspapers, KEZR, KBAY, and the San Jose Convention and Visitors Bureau. These calendars powered by Artsopolis
include events submitted by members of the public to the Artsopolis calendar and to the calendars hosted by Artsopolis. Customers have the option to filter calendar content based on
criteria such as event location, type, cost, and other similar event features. Once the content for the calendar has been determined, Artsopolis ensures that the appropriate content
is displayed. The cost to create a Saratoga community calendar is $5,000 for the first year and $3,500 each year thereafter to cover the cost of maintaining the calendar. During the
2008 Council Retreat, staff was also asked to provide the Council with additional information on a community calendar maintained by the Saratoga Chamber of Commerce. Currently, the Chamber
is already posting community events on the Chamber’s online calendar—including events hosted by the Saratoga Village Development Council, the Saratoga Historical Foundation, and the
City of Saratoga. Community organizations can submit calendar Page 1 of 2 117
Page 2 of 2 items by sending event information to Elizabeth Johns, Office Manager for the Chamber of Commerce. This community calendar is being maintained at no cost to the City or to
local organizations that have posted calendar events. FISCAL IMPACTS: If Council chooses to direct staff to work with Artsopolis to create an online community calendar of events, the
cost will be $5,000 for the first year and $3,500 each year thereafter. There is no cost to the City or community partners for posting events on the Saratoga Chamber of Commerce online
calendar. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: If the City Council chooses to use an online community calendar managed by Artsopolis then staff will identify potential
funding sources for the online community calendar. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional.
ATTACHMENTS: Attachment A: Mock up of Saratoga online community calendar powered by Artsopolis Artsopolis Attachment B: Artsopolis event submission page Attachment C: Saratoga Chamber
of Commerce community calendar 118
119
120
121
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F.
Livingstone, AICP SUBJECT: Review the possible formation of an Economic Development Committee RECOMMENDED ACTION: Review report and direct Staff accordingly. REPORT SUMMARY: At the City
Council retreat in February the Council discussed the economic vitality of the City. During this discussion the City Council requested that staff agendize for discussion the possible
formation of an Economic Development Committee. DISCUSSION: As a result of the ideas generated from the Council’s discussion of economic vitality at its February retreat, the Council
has contracted with a consultant to provide a retail assessment report for the City. This report will show where citizens spend their money, allow the City to seek out retailers that
provide those services, and help existing retailers focus on products or services our residents now purchase elsewhere. In order to build on the work of the retail assessment it has
been suggested that the City create some form of Economic Development Committee. The committee could be charged with reviewing the information from this report and prior reports and
developing an Economic Development Plan that they could recommend to the City Council. There are several options available for structuring a committee, or as an alternative a commission:
1. As a Council ad hoc committee. This would consist of two Council members. They would investigate issues as directed by the Council and report back. Their meetings would be informal
and would not require public notice. Following their final report to the City Council the ad hoc would cease operations. 2. As an advisory committee. An advisory committee would include
any number of Saratoga residents as determined by the Council and could include Council members if desired. Like the ad hoc, the committee would investigate issues as directed by the
Council and report back to the Council. Alternatively they could report to the Page 1 of 2 122
Page 2 of 2 Community Development Director who is responsible for economic development issues (this would be similar to the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee
that advises the Public Works Director). These meetings would be formal and would require public notice and procedures in accordance with the Brown Act. The Committee could be for a
limited term (e.g., until it makes its final report to Council) or operate on a long term basis. 3. As a Commission. A Commission would be a standing body created to provide advice to
the City Council on an ongoing basis. It would be structured similar to other City Commissions such as the Historic Preservation Commission or Parks and Recreation Commission. These
meetings would be formal and would require public notice and procedures in accordance with the Brown Act. FISCAL IMPACTS: The formation of an Ad Hoc Committee would require minimal staff
time and would not require any formal noticing of the meetings. Staff would attend the meetings in an an advisory capacity. Work generated from the Ad Hoc Committee would be implemented
as part of the staff work program. An advisory committee or commission would require additional staff time to comply with Brown Act requirements and to provide the level of support that
Council directs staff to provide to the Committee or Commission. Depending on the types of projects pursued by the committee or commission it may be possible to have work performed by
volunteers. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no Committee or Commission to actively promote Economic Development in the City. ALTERNATIVE ACTION: Discussed
above. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: None 123
SARATOGA CITY COUNCIL MEETING DATE: April 2, 2008 AGENDA ITEM: ORIGINATING DEPT: Office of City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DEPT HEAD:
SUBJECT: Code of Ethics RECOMMENDED ACTION(S): Review report and direct staff accordingly. REPORT SUMMARY: Democratic government requires that decision-makers be independent, impartial
and accountable to the people they serve. At the February 1, 2008, Council Retreat staff was directed to research a Code of Ethics policy that could be implemented into the City of Saratoga’s
Council Policies and be made a part of the training program for new council members. The Code of Ethics policy would be designed to increase public trust and confidence in government
by promoting and maintaining the highest standards of personal and professional conduct among the people who represent the City of Saratoga. There are several options the Council could
pursue if it desires to adopt a Code of Ethics policy: 1. Adopt City of Santa Clara’s Code of Ethics as is or with minor revisions. 2. Direct staff to agendize 3 Council Study Sessions
for Council to develop a Code tailored to Saratoga using the process in the League of California Cities handbook. 3. Form an Adhoc to work with staff to bring other options back to Council.
Attached is a copy of the Code of Ethics and Values used by the City of Santa Clara. The City of Santa Clara has received top honors in a State recognition program for political candidates
to use as a campaign guideline. Santa Clara’s Code of Ethics and Values was adopted in March of 2000 and modified in August 2001. It is designed to provide clear, positive statements
of ethical behavior reflecting the core values of the community. The second attachment is an excerpt from the League of California Cities (LCC) handbook which provides a step-by-step
process for developing a Local Agency Ethics Code; which could 124
be used as a guideline for developing a Code of Ethics tailored to fit the needs and values of the City of Saratoga. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Council Policies would remain as is and there would be no implementation of a Code of Ethics policy for current and future council members for the City of Saratoga. ALTERNATIVE ACTION(S):
N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Agenda. ATTACHMENTS: 1. – City of Santa Clara’s Code of Ethics and Values 2. – LCC excerpt from
Developing a Local Agency Ethics Code 2 of 3 125
3 of 3 126
127
128
129
130
131
132
133
134