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05-07-2008 City Council Agenda Packet
AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL MAY 7, 2008 SPECIAL MEETING -5:30 P.M.-ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on May 1, 2008. COMMUNICATIONS FROM PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. CLOSED SESSION – 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to Government Code 54956.9 (b) (2 Items) ADJOURNED TO CLOSED SESSION OPEN SESSION – 6?:00P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 6:00P.M. 1. CIP Study Session Recommended Action: Accept report regarding the CIP and provide direction to staff. ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). 1 2 Certificate of Posing of Agenda: I, Ann Sullivan, Acting, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on May 1, 2008, at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 1st day of May 2008 at Saratoga, California. Ann Sullivan, CMC, Acting City Clerk AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, May 07, 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 May 1, 2008) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS SPECIAL PRESENTATIONS 1. Presentation – California Voters First Initiative Recommended action: Adopt resolution endorsing the California Voters First Initiative. 1 CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2. City Council Minutes -April 2, 2008 Recommended action: Approve minutes. 3. City Council Minutes -April 16, 2008 Recommended action: Approve minutes. 4. City Council Minutes -July 18, 2007 Recommended action: Approve minutes. 5. City Council Minutes -November 20, 2007 Recommended action: Approve minutes. 6. City Council Minutes -June 21, 2006 Recommended action: Approve minutes. 7. Review of Accounts Payable Check Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: April 10, 2008 April 17, 2008 8. Appointment of Two Traffic Safety Commissioners and Oath of Office Recommended action: Adopt the attached resolutions appointing two members to the Traffic Safety Commission and direct the Acting City Clerk to administer the Oath of Office. 9. Amendment to Saratoga City Code to Adopt Use Restrictions for Kevin Moran Park Recommended action: Adopt Ordinance. 10. Motor Vehicle (MV) Resolution Authorizing Installation of a Stop Sign Recommended action: Move to adopt Motor Vehicle Resolution authorizing the installation of a stop sign on Shadow Mountain Drive at the intersection of Chateau Drive 2 11. Approval of Third Amendment to the Agency Agreement for the Countywide Household Hazardous Waste Collection Program Recommended action: Accept report, and authorize the City Manager to approve the Third Amendment to the Agency Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program. 12. Approval of Second Amendment to the Agency Agreement for Countywide AB 939 Implementation Fee Recommended action: Accept report, and authorize the City Manager to approve the Second Amendment to the Agency Agreement with the County of Santa Clara for the Countywide AB 939 Implementation Fee. 13. Approving Application for Clean Air and Transportation Improvement Fund, Proposition 116, Bicycle Program Recommended action: Adopt the attached resolution in support of the application for California Transportation Commission Clean Air and Transportation Improvement Fund, Proposition 116, Bicycle Program. 14. Landscaping and Lighting Assessment District LLA-1 -Amendment of Resolution of Intention Recommended action: Move to adopt Amended Resolution of Intention to Order the Levy and Collection of Assessments for the City of Saratoga Landscaping and Lighting District LLA-1 for Fiscal Year 2008-2009. 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 15. Proposed User Fee Schedule Update for Fiscal Year 2008/09 Recommended action: Hold public hearing and adopt Proposed User Fee Schedule for FY 2008/09. OLD BUSINESS 16. Online Citywide Community Calendar Recommended action: Accept report and direct staff accordingly. 17. Proposed City-wide Garage Sale Recommended action: Accept report and direct staff accordingly. 3 18. Business License Tax Compliance Audit Recommended action: Review Muniservices LLC’s audit proposals to provide the City of Saratoga with a Local License Tax Compliance Program for business license discovery and audit services, and direct staff as to whether Council would like the City to enter into a contract with MuniServices LLC for a business license audit. NEW BUSINESS 19. Review the Retail Site Assessment Report from the Buxton Company Recommended action: Direct Staff Accordingly. 20. City of Saratoga Website Recommended action: Accept report and direct staff accordingly. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith Association of Bay Area Government Comprehensive County Expressway Planning Study Advisory Board (PAB) Hakone Foundation Executive Committee Santa Clara County Emergency Council SASCC West Valley Mayors and Mangers Association Sister City Liaison Council Finance Committee Highway 9 Safety AdHoc TEA AdHoc Vice Mayor Chuck Page Chamber of Commerce Hakone Executive Board West Valley Sanitation District West Valley Solid Waste Joint Powers Association Council Finance Committee Village AdHoc Valley Transportation Authority PAC Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association City School AdHoc TEA AdHoc Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc 4 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 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 May 1, 2008, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 1st day of May 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 5/7 Regular Meeting – CIP Study Session 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 –Joint Meeting with the Saratoga Ministerial Association 11/19 Regular Meeting – Joint Meeting with Mountain Winery 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – No Joint Meeting Scheduled 6 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: Adopt Resolution Endorsing the California Voters First Initiative RECOMMENDED ACTION: Adopt resolution endorsing the California Voters First Initiative. REPORT SUMMARY: Norman Kline, Mayor for the City of Saratoga in 2006, will give a presentation on California Voters First; a Redistricting Initiative that is being qualified for the November 2008 Election Ballot. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: If Council adopts the Resolution Endorsing the California Voters First Initiative, the City Clerk’s Office will provide Norman Kline with a Certified Original Copy of the adopted resolution. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution 7 Attachment B – California Voters First Initiative RESOLUTION NO. 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ENDORSING THE CALIFORNIA VOTERS FIRST INITIATIVE WHEREAS, the current redistricting process creates a conflict of interest—as state legislators are effectively choosing their own constituents; and WHEREAS, the redistricting process should be conducted in an open manner with real opportunities for public dialogue and feedback, not behind closed doors; and WHEREAS, public input and involvement in the redistricting process will empower our communities from the start by allowing communities to elect representatives who represent their interests on issues that are important to their lives; and WHEREAS, the boundaries of state districts are currently drawn by legislative incumbents, often sacrificing the integrity of neighborhoods and cities; and WHEREAS, important principles such as the protections of the federal Voting Rights Act of 1965 and respect for neighborhoods and cities should be clearly listed for a Commission to abide by; WHEREAS, voters are more likely to participate when they feel that their vote will count and that they have a reasonable chance of electing candidates who represent their interests; and WHEREAS, elected officials are more responsive to constituents when voters have a choice of candidates, thus increasing accountability and serving the best interests of the voters of California; and NOW, THEREFORE, BE IT RESOLVED that the Saratoga City Council does endorse the California Voters FIRST Act which will enact the following amendments into the Constitution and relevant State law: 1. The state of California should establish an independent commission, representative of California’s diversity, partisan balance, and geography, for all future redistricting. This Commission will draw the lines of the state Senate, Assembly and Board of Equalization districts. 2. This Commission should be comprised of 14 members, with a balance of 5 members of the largest party, 5 from the second largest party, and 4 who are registered with neither. The vote to to pass any plan should require a majority from each of these three. 3. District boundaries should be drawn by the Commission according to clearly described criteria, including respect for: a. The U.S. Constitution’s requirement of one person, one vote; b. The Voting Rights Act (VRA); c. Contiguity requirements (to draw districts as one connected area where possible); d. Communities of interest, city and county boundaries; e. Compactness, where this does not conflict with the above criteria; 9 f. Nesting, where this does not conflict with the above criteria. 4. The Commission should not draw maps based on the addresses of any individual, including an incumbent officeholder. 5. The Commission should conduct a transparent redistricting process with full opportunities for public participation. All redistricting plan information should be available in a timely fashion, free of charge, via a public website and other means. 6. Members of the Commission must be prohibited from all off-the-record communications with anyone (including lobbyists, political party officials, elected officeholders and candidates), except staff and legal counsel. Redistricting should occur once every 10 years following the decennial U.S. Census and Congressional Reapportionment. PASSED, APPROVED AND ADOPTED by the City Council of the City of Saratoga on the 7th day of May 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ann Waltonsmith, Mayor ATTEST: Ann Sullivan, CMC Acting City Clerk 10 11 12 SARATOGA CITY COUNCIL MEETING DATE: May 7, 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 – April 2, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – April 2, 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 April 2, 2008 13 MINUTES SARATOGA CITY COUNCIL MEETING APRIL 2, 2008 The City Council held a Joint Meeting at 6:00PM with the Saratoga Library Commission and the Saratoga Friends of the Library. Vice Mayor Page 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, ABSENT: Mayor Ann Waltonsmith 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 II Chris Riordan, Senior Planner REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of April 2, 2008 was properly posted on March 28, 2008. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Saratoga Library Commission and Friends of the Saratoga Library met in a Special Meeting. Representative Sue Barrera of Friends of the Saratoga Library and Roxanne Nilan, Chair of Library Commission addressed Council and gave a report on the Special Meeting held prior to the Regular Meeting. They expressed concerns about the condition of the library in the areas of lighting, sun-damaged wooden siding, HVAC system, and roofing. They also discussed working jointly with the City, Saratoga Library and the County Library system to prepare for the long term use of the Capital Improvement Fund and possibly using solar technology and more energy efficient HVAC systems when those issues need to be addressed, noting that a long term strategy would prepare them to better use these limited funds and will alert city and county staff to upcoming maintenance issues. 14 2 They also expressed concerns about the challenge they face in keeping the library open seven days a week while facing financial limitations; and noted they will work with all agencies, public and private, in order to keep the library open seven days a week. ORAL COMMUNICATIONS NON-AGENDIZED ITEMS The following people requested to speak at tonight’s meeting: Katy Dickinson invited the Council and the community to a Middle Eastern dinner benefit/auction on April 13, 2008 at 5:30 at St. Andrews Church. Laura Biche also addressed the Council on the April 13th Middle Eastern dinner benefit/auction and encouraged everyone to attend. Citizen Ray commented about the safety of the new bicycle lane on Highway 9 being lower than the road pavement. ORAL COMMUNICATIONS – COUNCIL DIRECTION TO STAFF Councilmember King asked Public Works Director John Cherbone if the current condition of the bike lanes would remain approximately 4 to 6 inches lower than the road. Director Cherbone stated the bike lanes are not completed; completed; the curbs would be installed next and that additional paving on the bike lanes would be completed in approximately two weeks; which will bring the pavement level with the rest of the street. ANNOUNCEMENTS Vice Mayor Page noted the huge paper savings due to the paperless process for Council meetings. Page also announced the upcoming Chamber of Commerce sponsored event – Business Expo at West Valley College on Thursday, April 3, 2008, from 4:00 to 7:00PM.; he also mentioned the commission openings on the Library Commission, Youth Commission and the Traffic Safety Commission and invited all those interested to apply. Page also noted the West Valley Collection and Recycling Annual Clean Up Day will start July 21, 2008 and go through September 26, 2008; residents will receive a notice in the mail two weeks before their street is scheduled for the pickup. Councilmember Hunter announced the upcoming Pet Parade in the Village on April 19, 2008 at 11:00a.m. City Manager Dave Anderson also noted the paperless council meetings saved on copy machine operating costs as well as staff time copying the council meeting agenda packets; which is estimated at 4-8 hours every two weeks. CEREMONIAL ITEMS 1. PROCLAMATION RECOGNIZING APRIL 2008 AS MONTH OF THE YOUNG CHILD 15 3 Vice Mayor Page invited Saratoga Librarian Barbara Williams and the children in the audience to come up on stage. Vice Mayor Page asked the children to read the Proclamation and presented the Proclamation to Librarian Barbara Williams. 2. PROCLAMATION RECOGNIZING APRIL 15, 2008 AS ARBOR DAY IN THE CITY OF SARATOGA AND RECEIPT OF TREE CITY USA AWARD Vice Mayor Page read and presented the Proclamation to John Melvin, representative from the California Department of Forestry and Fire Protection. John Melvin then presented the Tree City USA Award to the City of Saratoga. Vice Mayor Page accepted the award. Councilmember Hunter noted the City of Saratoga was having an Arbor Day tree planting celebration on April 15, 2008 at El Quito Park at 1:00PM. SPECIAL PRESENTATIONS 3. PRESENTATION – AMERICAN CANCER SOCIETY COLON CANCER FREE ZONE American Cancer Society representatives Jim Smaha and Sid Faulkner made the presentation. 4. PRESENTATION -VALLEY TRANSPORTATION AUTHORITY (VTA) – REGIONAL APPROACH VTA representative Scott Haywood made the presentation. Mr. Haywood explained that the board is represented by various city groupings comprised of cities in different areas of the County. Mr. Haywood explained that the VTA Board was interested in determining the best process in working with the city groupings and recommended the city groupings eliminate the concept of the annual rotation of the city grouping representatives and to appoint a representative that would serve on the Board longer than two years, as has been the practice at the West Valley Mayors and Managers group. Mr. Haywood also recommended the West Valley consider including Los Altos Hills, currently in the North County Grouping, to join the West Valley Mayors and Managers group. This would result in a new City Grouping that would include Sunnyvale, Santa Clara and Milpitas. Mr. Haywood noted the item would be going before the VTA Board in May and encouraged input regarding this issue. Council discussed the issue and recommended that the Westside Mayor and and Managers group remain as it is without the addition of the Citiy of Los Altos Hills. They further commented that Los Altos Hills is not contiguous to any city now in the West Valley Mayors and Managers group. Scott Haywood told the Council he would forward their recommendation to the appropriate VTA representative. Vice Mayor Page asked Council Members if they would be in agreement to move Item 16 from NEW BUSINESS up next on the Agenda as Mr. Rod Diridon, Jr., City Clerk for the City of Santa Clara was present on his own personal time to give a synopsis of the 16 4 Code of Ethics and Values adopted by the City of Santa Clara. Vice Mayor Page noted Mr. Diridon was prepared to provide answers to questions Council may have regarding the proposed Code of Ethics for the City of Saratoga. Council members concurred and moved Item 16 from NEW BUSINESS forward. NEW BUSINESS 16. CODE OF ETHICS STAFF RECOMMENDATION: Review report and direct staff accordingly. Acting City Clerk Ann Sullivan presented staff report and introduced Santa Clara City Clerk Rod Diridon. City of Santa Clara City Clerk Rod Diridon provided handouts to Council and explained the dynamics of how and why the City of Santa Clara established their Code of Ethics and Values policy. Council discussion took place. Vice Mayor Page invited public comment. Seeing none, Vice Mayor Page closed the public comment. STAFF RECOMMENDATION: Councilmembers Page, King and Kao recommended scheduling a study session for further discussion. Councilmember Hunter stated she was not in favor of scheduling a study session. Mayor Waltonsmith was absent. Vice Mayor Page declared a break at 8:50 p.m. Vice Mayor Page reconvened the meeting at 8:55 p.m. CONSENT CALENDAR 5. CITY COUNCIL MINUTES -MARCH 19, 2008 STAFF RECOMMENDATION: Approve minutes. KING/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF MARCH 19, 2008. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 6. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMEDATION: 17 5 That the City Council accepts the Check Registers for the following Accounts Payable cycles: March 13, 2008 March 20, 2008 KING/KAO MOVED TO ACCEPT CHECK REGISTERS MARCH 13, 2008 AND MARCH 20, 2008. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 7. TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2007 STAFF RECOMMENDATION: That the City Council accepts the Treasurer's Report for the Month Ended November 30, 2007. KING/KAO MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2007. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 8. RESOLUTION AMENDING COUNCIL AGENCY ANAD ADHOC COMMITTEE LIAISON ASSIGNMENTS STAFF RECOMMENDATION: Adopt resolution RESOLUTION: 08-021 KING/KAO MOVED TO ADOPT RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 9. REQUEST TO CHANGE PARKS AND RECREATION COMMISSION MEETING SCHEDULE STAFF RECOMMENDATION: Adopt resolution approving the request to change the meeting schedule of the Parks and Recreation Commission. RESOLUTION: 08-022 KING/KAO MOVED TO ADOPT RSOLUTION APPROVING THE REQUEST TO CHANGE THE MEETING SCHEDULE OF THE PARKS AND RECREATION COMMISSION. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 10. ESTABLISHMENT OF A COMMUNITY EMERGENCY REPONSE TEAM (CERT) ADVISORY COMMITTEE Councilmember Kao removed this item for discussion. Item approved after discussion about when the next CERT Training class is scheduled. Emergency Services Coordinator Jim Yoke stated the next training is scheduled for April 9, 2008. 18 6 STAFF RECOMMENDATION: Establish a CERT Advisory Committee, reporting to the City Manager that will set up Saratoga CERT structure and authority. KAO/KING MOVED TO ESTABLISH A COMMUNITY EMERGENCY RESPONSE TEAM (CERT) ADVISORY COMMITTEE REPORTING TO THE CITY MANAGER THAT WILL SET UP SARATOGA CERT STRUCTURE AND AUTHORITY. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 11. AMENDMENT TO ANNUAL MAINTENANCE SERVICE CONTRACT – IRRIGATION REPAIRS STAFF RECOMMENDATION: 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. Councilmember Kao removed this item for discussion. Councilmember Kao asked Public Works Director John Cherbone what the fiscal impact would be. Public Works Director John Cherbone stated the two-year contract for Maintenance Service – Irrigation Repairs would not have a fiscal impact as the funds were already appropriated and the funds had to be assigned to this contract. KAO/KING MOVED TO APPROVE AN AMENDMET TO THE EXISTING SERVICE CONTRACT WITH HYDROTEC IRRIGATION EQUIPMENT SRVICE FOR ON CALL IRRIGATION REPAIR AND IMPROVEMENTS IN THE AMOUNT OF $46,500 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 12. EXTENSION OF EXISTING CONSTRUCTION CONTRACT WITH GEORGE BIANCHI CONSTRUCTION, INC. FOR ADDITIONAL RETAINING WALL WORK AT WEST VALLEY COLLEGE STAFF RECOMMENDATION: 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. KING/KAO MOVED TO 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. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. 13. INDEPENDENT CONTRACTOR AGREEMENT WITH RBF CONSULTING (RBF) TO PREPARE AN UPDATE TO THE CITY’S GENERAL PLAN HOUSING ELEMENT. 19 7 STAFF RECOMMENDATION: Authorize the City Manager to execute the agreement with RBF Consulting (RBF) to prepare an update to the City’s General Plan Housing Element. KING/KAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREMENT WITH RBF CONSULTING (RBF) TO PREPARE AN UPDATE TO THE CITY’S GENERAL PLAN HOUSING ELEMENT. MOTION PASSED 4 – 0 – 1. MAYOR WALTONSMITH ABSENT. PUBLIC HEARINGS None OLD BUSINESS 14. Online Citywide Community Calendar Administrative Analyst Crystal Morrow presented staff report. STAFF RECOMMENDATION: Accept report and staff’s recommendation to continue using the Saratoga Chamber of Commerce online calendar as a community calendar. After Council discussion, Council directed staff to invite Saratoga Chamber of Commerce, Artsopolis and KSAR to a future Council meeting to present their options for on-line calendaring and noted the city sponsorship option would be handled by City staff. NEW BUSINESS 15. Review the possible formation of an Economic Development Committee STAFF RECOMMENDATION: Review report and direct staff accordingly. Community Development Director John Livingstone presented staff report. There was Council discussion regarding the possible formation and type of committee or adhoc that could be formed. Vice Mayor Page invited comments from the public. Ms. Manaz recommended the Council form a committee or commission to address this issue, not an Adhoc. Kathleen Casey Coakley noted she agreed with Ms. Manaz’s suggestion to form a committee to address this issue, not an Adhoc. After Council discussion, Council directed staff to get references on the Main Street Program and recommended the item be scheduled for further discussion at a Study 20 8 Session with the first hour focusing on the acquired data from the Main Street Program and the second hour focusing on what to do from that point; with discussion regarding economic development policy, budget and actions to be taken. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith – Absent. Vice Mayor Chuck Page Chamber of Commerce – Vice Mayor Page noted the Saratoga Chamber of Commerce is scheduled to meet the following week. Councilmember Kathleen King Santa Clara County Cities Association – Councilmember King reported other cities are coming together on the LEED program. TEA AdHoc – King noted she had spoken to Chris Forsythe from the Gonsalves Firm regarding the April 9, 2008 meeting and it was recommended that Saratoga have a representative attend this meeting. Councilmember Jill Hunter – noted she attended the Prospect Median meeting. Hunter had nothing else to report. Councilmember Aileen Kao County HCD Policy Committee – Councilmember Kao noted she had attended the last meeting and was impressed with the process of how housing fund allocations for projects were allocated. CITY COUNCIL ITEMS Councilmember King commented that the Valley Transportation Authority PAC has had a perfect attendance record by the Saratoga representatives. She has a new job and indicated it would be difficult for her to attend these meetings on a monthly basis. She asked if Councilmember Page (who is the VTA PAC Alternate) would be interested in this assignment. Vice Mayor Page indicated he would be happy to be the primary Saratoga representative to PAC. Councilmember King thanked Councilmember Page and noted she would become the alternate representative to the Valley Transportation Authority PAC Committee. Councilmember King also requested the weekly Agenda Planner reflect the author(s) for each item added to it so that Council and/or staff can refer to the author regarding any questions for a specific agendized item. Vice Mayor Page requested that the item “OTHER” be removed from the Council Meeting Agenda. Council Council concurred noting Resolution 07-075 adopting Council Policies Rules of Order and Procedure for Council Meetings; which was adopted on June 20, 2007, does not require this category on Council Agendas. CITY MANAGER’S REPORT Nothing to report. 21 9 ADJOURNMENT KAO/HUNTER MOVED TO ADJOURN THE REGULAR MEETING. MOTION PASSED 4 – 0 -1. MAYOR WALTONSMITH ABSENT. There being no further business, Vice Mayor Page adjourned the Regular Meeting at 10:15PM. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 22 SARATOGA CITY COUNCIL MEETING DATE: May 7, 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 – April 16, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – April 16, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from April 16, 2008 23 MINUTES SARATOGA CITY COUNCIL MEETING APRIL 16, 2008 The City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room at 5:00 p.m. Conference with Legal Counsel – Anticipated Litigation: Initiation of litigation pursuant to Government Code section 54956.9(c): (1 potential case). Mayor Waltonsmith reported Council authorized staff to file a claim seeking recovery of administrative charges improperly assessed against the City. The City Council conducted interviews at 5:30 p.m. for vacancies on the Traffic Safety Commission in the Administrative Conference Room. Mayor Waltonsmith announced the re-appointment of Michael Bustamante and the appointment of Corinne Vita to fill the two openings on the Traffic Safety Commission. Council approved 5 – 0. The City Council held a Joint Meeting at 6:00 p.m. with the Youth Commission in the Administrative Conference Room. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00PM and led the Pledge of Allegiance. ROLL CALL: PRESENT: Councilmembers Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, and Mayor Waltonsmith ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on April 11, 2008) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Youth Commissioner Justin El-Diwany addressed the Council. Justin noted the Youth Commission’s goals for the 2008-2009 school year were: o Training at Warner Hutton House o Dance program improvement 24 o Show Night at Warner Hutton House; which included students from Middle School o Concerts – First concert is scheduled for May 2, 2008 at the Community Center o Attending Lecture Series, which will start on April 29, 2008 o www.Saratogateen.com will soon be up and running on the Website o Plans to do numerous community events in 2009, including a new event called Film Fest o Snow trips would again be scheduled for winter 2008 o Noted the four upcoming vacancies on the Youth Commission and invited students to apply Oral Communications on Non-Agendized Items No one came forward to speak. Oral Communications -Council Direction to Staff None. ANNOUNCEMENTS Councilmember Hunter announced the Pet Parade on Saturday, April 19, 2008 from 11:00 to 1:00p.m., noting people could bring any kind of pet they wanted to – including stuffed animals; and Fluffy the Clown would be at the parade as well. Councilmember King announced the Pancake Breakfast on Sunday, May 4, 2008, which is sponsored by the Saratoga Music Boosters and anyone interested in attending could RSVP to sesh.ramaswami@comcast.net. Vice Mayor Page announced the Saratoga Youth Commission is presenting “Little Rec”, a live concert at the Saratoga Community Center at 7:30 p.m. on May 2, 2008. CEREMONIAL ITEMS 1. COMMENDATION HONORING OUTGOING TRAFFIC SAAFETY COMMISSIONER BRIGITTE BALLINGALL Mayor Waltonsmith read and presented the Commendation to Brigitte Ballingall. 2. COMMENDATION HONORING OUTGOING HERITAGE PRESERVATION COMMISSIONER BOB LOUDEN Mayor Waltonsmith read and presented the Commendation to Bob Louden. 3. PROCLAMATION DECLARING APRIL 22, 2008 AS EARTH DAY Mayor Waltonsmith read and presented the proclamation to Eve Madelyn, Mark, and Monique Jensen from West Valley Green Leaf Committee were present to accept the proclamation. 4. PROCLAMATION RECOGNIZING ROTARY CLUB OF SARATOGA 25 Mayor Waltonsmith read and presented the proclamation to Ian Geddes who was present to accept the proclamation on behalf of the Rotary Club of Saratoga. 5. PROCLAMATION DECLARING APRIL 2008 AS “NATIONAL VOLUNTEER MONTH” Mayor Waltonsmith read and presented the proclamation to Stephen T. Quigley and Julie Snyder, representatives from the Volunteer Center of Silicon Valley. Also on stage were volunteers representing the City of Saratoga who had donated many volunteer hours performing various tasks for the City of Saratoga. SPECIAL PRESENTATIONS None. CONSENT CALENDAR 6. CITY COUNCIL MINUTES – SEPTEMBER 19, 2007 STAFF RECOMMENDATION Approve minutes. City Manager Dave Anderson removed this item for discussion. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES – SEPTEMBER 19, 2007. MOTION PASSED 5-0. 7. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for the following Accounts Payable cycles: March 27, 2008 April 3, 2008 PAGE/KING MOVED TO ACCEPT CHECK REGISTERS FOR MARCH 27, 2008 AND APRIL 3, 2008. MOTION PASSED 5-0. 8. COUNCIL AGENCY/ADHOC REASSIGNMENT STAFF RECOMMEDATION: Adopt a resolution amending Resolution 07-076 appointing Council representatives to Committees, Agencies and Ad hoc Committees. RESOLUTION 08-023 PAGE/KING MOVED TO ADOPT A RESOLUTION AMENDING RESOLUTION 07-076 APPOINTING COUNCIL REPRESENTATIVES TO 26 COMMITTEES, AGENCIES AND ADHOC COMMITTEES. MOTION PASSED 5-0. 9. SARATOGA SPEED ZONE STUDY STAFF RECOMMENDATION: Adopt resolution and accept the 2008 Speed Zone Survey prepared by Fehr & Peers Councilmember King removed this item to recuse herself from discussion due to a conflict of interest and left the Council Chambers. Councilmember Kao removed this item for discussion. Councilmember Kao asked Public Works Director John Cherbone to clarify the year 2006 as noted on the Speed Zone Survey. Director Cherbone noted the year 2008 is just part of the title of the Speed Zone Report and that year 2006 is the year in which the majority of the data was collected. Director Cherbone also noted that the data that was collected will be good until 2011. RESOLUTION 08-024 KAO/PAGE MOVED TO ADOPT RESOLUTION AND ACCEPT THE SPEED ZONE SURVEY PREPARED BY FEHR & PEERS. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KING RECUSED. 10. SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY PROJECT (FEDERAL PROJECT STPL-5332-008) –NOTICE OF COMPLETION STAFF RECOMMENDATION: Move to accept the Saratoga-Sunnyvale Road Rehabilitation & Overlay Project as complete and authorize staff to record the Notice of Completion for the construction contract. PAGE/KING MOVED TO ACCEPT THE SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0. 11. PROPOSITION 1B-LOCAL STREETS AND ROADS IMPROVEMENT STAFF RECOMMENDATION: Move to accept the Proposition 1B-Local Streets and Roads Improvement Street List and authorize staff to submit the list to the State Department of Finance for final approval. PAGE/KING MOVED TO ACCEPT THE PROPOSITION 1B-LOCAL STREETS AND ROADS IMPROVEMENT STREET LIST AND AUTHORIZE STAFF TO SUBMIT THE LIST TO THE STATE DEPARTMENT OF FINANCE FOR FINAL APPROVAL. MOTION PASSED 5-0. 27 12. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1; PRELIMINARY APPROVAL OF ENGINEER’S REPORT AND ADOPTION OF RESOLUTION OF INTENTION FOR FY 08-09. STAFF RECOMMENDATION: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 08-09. 2. Move to adopt the Resolution of Intention RESOLUTION 08-025 PAGE/KING MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR FY 08-09. MOTION PASSED 5-0. RESOLUTION 08-026 PAGE/KING MOVED TO ADOPT THE RESOLUTION OF INTENTION. MOTION PASSED 5-0. PUBLIC HEARINGS 13. AMENDMENT TO SARATOGA CITY CODE TO ADOPT USE RESTRICTIONS FOR KEVIN MORAN PARK STAFF RECOMMENDATION: Introduce and waive the first reading of the attached ordinance use restrictions for Kevin Moran Park and direct staff to place the matter on the consent calendar at the next City Council meeting. City Attorney Richard Taylor presented staff report. City Attorney Taylor noted this item is a follow-up to the March 5, 2008 Council meeting approving the Kevin Moran Park Design (KMP) and Use Program. At that meeting Council adopted a Resolution approving the Kevin Moran Park improvements as well as a number of rules regarding park use. Council also requested the Resolution adopted at the March 5, 2008 Council meeting be reflected in the City Code by adopting an Ordinance stating the rules and regulations of the park use. Vice Mayor Page asked if enforcement of the adopted rules and regulations would be difficult. City Attorney Taylor stated the City Code states that any violations of the City Code would be considered a misdemeanor and enforcement of the City Code would not be difficult. Taylor also noted the City has a Standard Park Use Agreement and the City can impose penalties for any violation of the Park Use Agreement. Councilmember Kao asked if the Use Agreement would reflect specific City Code requirements for the use of Kevin Moran Park. 28 City Attorney Taylor noted all City Agreements state everyone has to comply with City laws and most of the City Code park use requirements are noted in the Agreement. Councilmember Hunter asked for clarification to foregoing the First Reading of the Use Restrictions for Kevin Moran Park. Attorney Taylor noted that State law states that in order to introduce an Ordinance it can be read out loud during the hearing; however, State law also allows you to stipulate to its being read by the Council consenting to waive the first reading out loud; that basically it is deemed to be read if Council passes the motion waiving the first reading. Mayor Waltonsmith opened the Public Hearing to comments. Howard Miller addressed the Council and noted that the park user groups wanted to build trust with the people in the Kevin Moran Park neighborhood and the community. The user groups also wanted everyone using the park to abide by the same rules and agreed to have a City Ordinance reflect those rules and requirements. Howard Miller also thanked the Council for getting field use agreements at Prospect High School and West Valley College. Mayor Waltonsmith closed the Public Hearing comments. PAGE/KING MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE USE RESTRICTIONS FOR KEVIN MORAN PARK AND DIRECT STAFF TO PLACE THE MATTER ON THE CONSENT CALENDAR AT THE NEXT CITY COUNCIL MEETING. MOTION PASSED 5-0. OLD BUSINESS 14. UPDATE ON ESTABLISHING A VISION FOR THE NORTH CAMPUS STAFF RECOMMENDATION: Provide direction to staff. Recreation Department Director Michael Taylor presented staff report. Council had discussion regarding the various uses of the North Campus, public opinions and suggestions for the use of the property, quality of some of the buildings, and the cost to renovate the buildings that are in poor condition. Mayor Waltonsmith invited public comment. John Kimball addressed the Council and stated other countries visit this country to see how communities develop suburbs. Mr. Kimball also noted he believes Saratoga sets the tone as to developing a quality community and feels the North Campus property completes the “circle” of Saratoga. He feels the North Campus could be used for weddings, receptions, art in the summer, piano teachers giving piano lessons, and DeAnza College using it for programs. 29 Jack Mallory spoke on this item and believes the North Campus could be used for many purposes and stated it will take time to turn it in to what it can be; and classrooms are a temporary use. Mayor Waltonsmith closed the public comment. There was lengthy discussion regarding the cost of building renovations and leasing options. Councilmember King stated she would like to see this project completed by November of 2008. City Manager Dave Anderson noted staff could prepare a cost estimate and bring back a Conceptual Plan for approval in a couple weeks. Councilmember Page noted the funding could come from the unallocated funds in the current CIP budget. Councilmember Kao requested that there be a line item in the next CIP budget stating where the funding will be coming from regarding the North Campus vision/project in the future. Council direction to staff: o Accept staff report. o Create a line item in current CIP Budget for demolition of the two front buildings. o Frontal property improvements – including the the installation of minimal landscaping – some grass, hedges or fence, and outdoor furniture. o Move the electrical panel. o Install new property signage. Mayor Waltonsmith declared a break at 9:00PM. Mayor Waltonsmith reconvened at 9:05PM. NEW BUSINESS 15. CITY SUPPORT OF 2009 MUSTARD FAIRE STAFF RECOMMENDATION: Provide direction to staff. Recreation Department Director Michael Taylor presented staff report. There was Council discussion regarding how much money the Heritage Preservation Commission (HPC) needs to support this event and other events the HPC does; and the request for staff support for future Mustard Faire events. Norm Koepernik, Heritage Preservation Commission (HPC) was present to address the Council and answer questions. Mr. Koepernik stated the HPC started the Mustard 30 Faire as a community event. He noted there were 3,000 people that attended the event in February. Mr. Koepernik noted the event has grown so much and is now asking for additional funding as well as assistance from the Parks and Recreation Commission. Councilmember Hunter voiced concerns about the HPC discussing plans for a community event such as the Mustard Faire at their monthly meeting, noting the Heritage Preservation Committee was created for heritage preservation. Commissioner Koepernik stated the Commission does discuss heritage preservation and plans for the annual Mustard Faire. Mayor Waltonsmith invited public comment. Jack Mallory addressed the Council and noted that it is essential the Mustard Faire continues as a community event. Mayor Waltonsmith closed public comment. After lengthy discussion Council advised the HPC focus on heritage preservation issues, not community events such as the Mustard Faire; and for the HPC staff liaison to take the lead in keeping the HPC meetings focused strictly on heritage preservation issues. Council also discussed having an outside group or committee take charge of the Mustard Faire event. In addition, Council discussed creating a Special Event line item in the budget that covers the traditional community events such as: Fourth of July celebration, Memorial Day event, Celebrate Saratoga, and the holiday Tree Lighting. City Manager Dave Anderson commented that the City budget currently does have line items listed in various departments for specific Community events. City Manager Anderson also noted staff could centralize this line item in the budget for community events that the City supports, with a mini budget for each specific event. PAGE/HUNTER MOVED TO DIRECT STAFF TO: o Fund the Mustard Faire event with a $5,000 line item; which includes inkind services. o HPC to step aside. o Find an external organization to plan the annual Mustard Faire event. o HPC members can participate in the event planning as individuals – but not as a commissioner during monthly HPC meetings. o Recreation Department staff work on the consolidation of special events funding; bring this information back to Council to incorporate as a line item, such as a Community Building Fund, into the budget. MOTION PASSED 5-0. Councilmember Hunter did request Porta Pottys be made available at the next Mustard Faire event and that the “gun show” be omitted from the event. 16. CITY SUPPORT OF 2008 FOURTH OF JULY CELEBRATION STAFF RECOMMENDATION: 31 Provide direction to staff. Recreation Department Director Michael Taylor presented staff report. Councilmember King asked if there was a group that was interested in being the event coordinator. Director Taylor noted the Fourth of July Celebration will be sponsored by the Community Services Committee of the Saratoga Rotary Club, pending approval by their Board. Vice Mayor Page noted that it will probably be approved by the Rotary Club Board on Friday, April 18, 2008. Vice Mayor Page also noted he would help lead staffing of the event. Jack Mallory was invited to the podium to provide some answers to questions Council had on this topic. There was additional Council discussion regarding donations, a band to provide music, donated services, adequate parking, and sufficient volunteers. Councilmember Kao stated she would like funding for this event to be noted as a line item in the budget. KAO/KING MOVED TO ESTABLISH A LINE ITEM IN THE BUDGET TO SUPPORT THE FOURTH OF JULY CELEBRATION INCLUDING IN-KIND SUPPORT, IN THE AMOUNT OF $4,000. MOTION PASSED 5-0. 17. UPDATE ON THE CITY PROCESS TO ISSUE PERMITS FOR CONSTRUCTION NEAR STREAMS STAFF RECOMMENDATION: Direct staff accordingly. Community Development Director John Livingstone presented staff report. After some Council discussion, Council directed staff to continue issuing permits for construction near streams following the same rules they currently have in place. 18. FY 2008/09 PROPOSED USER FEE UPDATE REVIEW STAFF RECOMMENDATION: Review staff report on FY 2008/09 User Fee Schedule and provide direction for final fee schedule for Public Hearing scheduled for May 7, 2008. Administrative Services director Mary Furey presented staff report. Councilmember King asked if Road Impact fees were included in the proposed User Fee Schedule. 32 Administrative Services Director Furey stated Road Impact fees were included in the User Fee Schedule. PAGE/KAO MOVED TO ACCEPT FEES FOR FISCAL YEAR 2008/09 AS PROPOSED BY STAFF. MOTION PASSED 5-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith -Association of Bay Area Government (ABAG) – noted ABAG meets in San Francisco on April 24, 2008 and is unable to attend this meeting. Councilmember Kao volunteered to attend the meeting in place of Mayor Waltonsmith. West Valley Mayors and Mangers Association – noted the next meeting is in two weeks. TEA AdHoc – noted the next meeting is in two weeks. Sister City – noted the exchange students are making their final plans for this year’s exchange program. Vice Mayor Chuck Page -West Valley Sanitation District-met and is looking into their capital equipment. West Valley Solid Waste Joint Powers Association – noted the next meeting will be in May. Valley Transportation Authority PAC – noted that Los Altos Hills will be joining the West Valley group; some cities have expressed opposition to the reorganization of this group. VTA Board is also looking at changing their Board structure. Santa Clara County Cities Association – noted there was a presentation given by the Water District indicating they are also considering changing their Board structure. Councilmember Kathleen King -City School AdHoc – noted the City School Adhoc has worked out an agreement with Pop Warner to use the school’s public address system and that she will meet with the neighbors to see if they will be comfortable with this arrangement. TEA Adhoc – noted she was unable to attend last meeting and the City Manager would provide a report on this Adhoc. City Manager Dave Anderson stated he along with Cupertino Councilmember Gilbert Wong and former Cupertino Mayor Richard Lowenthal, and Tom Collins, Saratoga Chamber of Commerce Legislative Chair, traveled to Sacramento on Wednesday, April 9, 2008 to lobby on behalf of AB 1827. This bill would eliminate the ERAF payments made on TEA increments made possible by AB 117 passed in 2006. City Manager Dave Anderson noted this bill will now be scheduled for the Assembly Appropriations Committee sometime during the next three weeks. City Manager Dave Anderson also noted the Saratoga Chamber of Commerce has given the City an official statement of support on the TEA issue. Councilmember Jill Hunter -Historic Foundation – noted she attended the Historic Foundation meeting and that the Foundation continues to grow. KSAR – noted KSAR is currently in the process of hiring staff. Library Joint Powers Association – noted the Library JPA meets in May. Santa Clara County Valley Water Commission 33 Village AdHoc – noted the Village Adhoc met the morning of Wednesday, April 16, 2008. Chamber of Commerce – noted she attended Councilmember Aileen Kao -Highway 9 – stated she had attended the Highway 9 meeting earlier on this day and noted funds are available for the bike lane on Austin Way. Santa Clara County Cities Association – noted the group met on Thursday, April 10, 2008 and appointed representatives to serve on various committees. Councilmember Kao stated she was appointed to serve on the Airport Land Use Committee, and was appointed as the Alternate on the Association of Bay Area Government (ABAG) committee. Councilmember Kao also agreed to meet with the Finance Committee the following week due to the absence of Mayor Waltonsmith. CITY COUNCIL ITEMS Councilmember King: o Suggested Council give a report at each Council meeting noting the amount of paper saved by conducting the paperless Council meetings. o Noted staff should evaluate the length of the Council meeting agendas each week and try to shorten them so Council meetings don’t go so late into the evening. o Suggested sending “Thank You” notes to the six representatives that voted on the TEA issue on April 9, 2006. Mayor Waltonsmith: o Raised the issue of safety in the Saratoga Post Office parking lot where students from Redwood Middle School are getting picking up by parents in the post office parking lot. CITY MANAGER’S REPORT None. ADJOURNMENT PAGE/KING MOVED TO ADJOURN THE REGULAR MEETING. MOTION PASSED 5-0. There being no further business, Mayor Waltonsmith adjourned the Regular meeting at 11:25PM. Respectfully submitted. Ann Sullivan, CMC Acting City Clerk 34 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – July 18, 2007 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: A review of the City’s archives indicated that minutes for this date were still outstanding: Regular Meeting – July 18, 2007 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from July 18, 2007 35 MINUTES SARATOGA CITY COUNCIL MEETING JULY 18, 2007 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:00 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel -Initiation of litigation (Gov't Code section 54956.9(c): (3 potential cases) Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Barbara Powell, Assistant City Manager, and Monica LaBossiere, Human Resources Manager. Employee organization: SEA Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Dave Anderson, City Manager Employee organization: SMO Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Barbara Powell, Assistant City Manager and Monica LaBossiere, Human Resources Manager Employee organization: Millmen & Industrial Carpenters Local 262 MAYOR’S REPORT ON CLOSED SESSION Mayor Kao stated that there was no reportable information. Mayor Kao Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Barbara Powell, Assistant City Manager Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Interim Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 18, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 18, 2007, was properly posted on July 12, 2007. 36 City Council Minutes July 18, 2007 ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Warren Lampshire requested that the City recognize Joan Pisani for her 33 years of service to the City. Mr. Lampshire suggested that the Community Center be named after Mrs. Pisani. ANNOUNCEMENTS Councilmember Hunter noted that on Saturday, July 28, 2007 Saratoga Swings would take place form 5-7 p.m. CEREMONIAL ITEMS 1. CERTIFICATE OF APPRECIATION FOR JACK MALLORY STAFF RECOMMENDATION: Present certificate of appreciation. Mayor Kao read the proclamation and presented it to Mr. Jack Mallory. 2. COMMENDATION HONORING OUTGOING HERITAGE PRESERVATION COMMISSIONER STAFF RECOMMENDATION: Present commendation. Mayor Kao read the commendation and presented it to Beth Wyman. 3. PROCLAMATION DECLARING THE WEEK OF JULY 22-28, 2007 AS “ARCHITECTURE WEEK” STAFF RECOMMENDATION: Present proclamation. Mayor Kao read the proclamation and presented it to representatives from the Santa Clara Chapter of the American Institute of Architects. SPECIAL PRESENTATIONS None CONSENT CALENDAR 4. CITY COUNCIL MINUTES STAFF RECOMMENDATION: Approve minutes as submitted for the May 16, 2007 City Council meeting. 37 City Council Minutes July 18, 2007 Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. WALTONSMITH/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 16, 2007 AS AMENDED. MOTION PASSED 5-0. 5. REVIEW OF ACCOUNTS PAYABLE AND PAYROLL CHECK REGISTERS STAFF RECOMMENDATION: Accepts the Check Registers for: Accounts Payable -June 13, 20 and 27, 2007 Payroll -June 21, July 5, 2007 WALTONSMITH/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR JUNE 13, 20 & 27, 2007 AND PAYROLL FROM JUNE 21 & JULY 5, 2007. MOTION PASSED 5-0. 6. TREASURERS REPORT FOR THE MONTH ENDED MAY, 2007 STAFF RECOMMENDATION: Accept the monthly Treasurer's Report WALTONSMITH/PAGE MOVED TO ACCEPT MONTHLY TREASURER’S REPORT. MOTION PASSED 5-0. 7. ESTABLISH ANNUAL PROPERTY TAX LEVY FOR LIBRARY GO BOND DEBT SERVICE STAFF RECOMMENDATION: Adopt resolution, which sets the FY 2007/08 property tax levy rate for the Library General Obligation Bonds at $.01130 per $100 of Assessed Valuation. RESOLUTION: 07-057 WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION WHICH SETS THE FY 2007/08 PROPERTY TAX LEVY RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS AT $.01130 PER $100 OF ASSESSED VALUATION. MOTION PASSED 5-0. 8. CONGRESS SPRINGS PARK SAFETY FENCE IMPROVEMENTS -APPROPRIATION OF FUNDS STAFF RECOMMENDATION: Approve Budget Resolution appropriating funds for Congress Springs Park Safety Fence Improvements. RESOLUTION: 07-049 Mayor Kao recused herself and left the dais. Councilmember King requested that this item be removed form the Consent Calendar. 38 City Council Minutes July 18, 2007 Councilmember King stated that the City should send AYSO a thank you note because they donated the money for the improvements. KING/HUNTER MOVED TO ADOPT BUDGET RESOLUTION APPROPRIATING FUNDS FOR CONGRESS SPRINGS PARK SAFETY FENCE IMPROVEMENTS. MOTION PASSED 4-0-1WITH KAO RECUSING. 9. BUDGET RESOLUTION APPROVING THE CARRYOVER AND EXPENDITURE OF FY 2006/07 COUNCIL CONTINGENCY FUNDS IN THE AMOUNT OF $2,500 TO CO-SPONSOR NEIGHBORHOOD BLOCK PARTIES STAFF RECOMMENDATION: Adopt resolution appropriating $2,500 from the FY 2006/07 Council contingency to co-sponsor neighborhood block parties sponsored by the Saratoga Clergy Association. RESOLUTION: 07-044 WALTONSMITH/PAGE ADOPT RESOLUTION APPROPRIATING $2,500 FROM THE FY 2006/07 COUNCIL CONTINGENCY TO CO-SPONSOR NEIGHBORHOOD BLOCK PARTIES SPONSORED BY THE SARATOGA CLERGY ASSOCIATION. MOTION PASSED 5-0. 10. AGREEMENT WITH SARATOGA CHAMBER OF COMMERCE STAFF RECOMMENDATION: Accept report and adopt the resolution approving the Agreement with the Saratoga Chamber of Commerce. Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION APPROVING AGREE WITH THE SARATOGA CHAMBER OF COMMERCE. MOTION PASSED 5-0. 11. BUDGET RESOLUTION APPROVING THE CARRYOVER AND EXPENDITURE OF FY 2006/07 COUNCIL CONTINGENCY FUNDS TO PURCHASE RADAR FEEDBACK SIGNS STAFF RECOMMENDATION: Adopt resolution to carryover and appropriate $47,000 from the FY 2006/07 Council contingency to purchase radar feedback signs. RESOLUTION: 07-047 WALTONSMITH/PAGE RESOLUTION TO CARRYOVER AND APPROPRIATE $47,000 FROM THE FY 2006/07 COUNCIL CONTINGENCY TO PURCHASE RADAR FEEDBACK SIGNS. MOTION PASSED 5-0. 39 City Council Minutes July 18, 2007 12. POLICY FOR WRITTEN RECORDS OF MEETINGS, DECISIONS AND ACTIONS RELATING TO CONTRACTS OF $2 MILLION OR MORE STAFF RECOMMENDATION: Adopt resolution setting City policy requiring written records of meetings, decisions and actions relating to contracts for goods, services, and property for $2 million or more. RESOLUTION: 07-046 WALTONSMITH/PAGE ADOPT RESOLUTION SETTING CITY POLICY REQUIRING WRITTEN RECORDS OF MEETINGS, DECISIONS AND ACTIONS RELATING TO CONTRACTS FOR GOODS, SERVICES, AND PROPERTY FOR $2 MILLION OR MORE. MOTION PASSED 5-0. 13. MOTOR VEHICLE (MV) RESOLUTIONS STAFF RECOMMENDATION: 1. Move to adopt the new Motor Vehicle Resolution authorizing a “No Parking or Stopping” zone on Marilyn Lane between Marshall Lane and Ravenswood Drive. 2. Move to adopt the Motor Vehicle Resolution authorizing “No Stopping on Lexington”. 3. Move to adopt the Motor Vehicle Resolution authorizing one “Stop” sign on Tamworth. 4. No Parking on Blauer Drive RESOLUTION: MV-264, 265, 266, Councilmember Page requested that this item be removed form the Consent Calendar. PUBLIC HEARINGS 14. CONFIRMATION OF REPORT AND ASSESSMENT OF 2007 WEED ABATEMENT PROGRAM & RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolutions. RESOLUTION: 07-048 & 07-050 Mayor Kao opened the public hearing and invited public comments. Seeing none, Mayor Kao closed the public hearing. MOVED TO ADOPT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH. MOTION PASSED 5-0. 40 City Council Minutes July 18, 2007 15. APPEAL OF USE PERMIT AND DESIGN REVIEW APPLICATION NO. 07-028: 14639 BIG BASIN WAY, WHICH WAS APPROVED BY THE PLANNING COMMISSION ALLOWING CONSTRUCTION OF A MIXEDUSE DEVELOPMENT CONSISTING OF TWO RESIDENTIAL APARTMENT UNITS IN ONE BUILDING AT THE REAR OF THE SITE AND A SEPARATE TWO-STORY COMMERCIAL BUILDING AT THE FRONT OF THE SITE STAFF RECOMMENDATION: Deny the appeal, thus affirming the Planning Commission Use Permit and Design Review Approval issued on May 23, 2007. RESOLUTION: 07-052 Heather Bradley, Contract Planner, presented staff report. Mayor Kao opened the public hearing and invited public comments. The following people supported this project: Eugene Zambetti Thi Zambetti The following people opposed this project: C. Holly Davies Mary Boscoe Andrea Boscoe-McGhee Courtney Boscoe Mayor Kao closed the public hearing. PAGE/WALTONSMITH MOVED TO ADOPT RESOLUTION DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF USE PERMIT AND DESIGN REVIEW APPLICATION 07-028 ZAMBETTI FAMILY TRUST; 14639 BIG BASIN WAY. MOTION PASSED 5-0. 16. PETITION FROM OWNERS OF PRIVATE ROAD AT 20865 WARDELL ROAD, REQUESTING APPLICATION OF THE CALIFORNIA VEHICLE CODE TO THE PRIVATE ROAD STAFF RECOMMENDATION: Adopt resolution applying the California Vehicle Code to the private road at 20865 Wardell Road. RESOLUTION: 07-045 Richard Taylor, City Attorney, presented staff report. Mayor Kao opened the public hearing and invited public comments. Brett Hechtman noted that he represented the Applicants of the petition. Mr. Hechtman urged the Council to adopt this resolution. 41 City Council Minutes July 18, 2007 Mayor Kao closed the public hearing. KING/PAGE MOVED TO ADOPT RESOLUTION APPLYING THE CALIFORNIA VEHICLE CODE TO THE PRIVATE ROAD AT 20865 WARDELL ROAD. MOTION PASSED 5-0. 17. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 ANNEXATION 2007-1 (CARNELIAN GLEN) PUBLIC HEARING, APPROVAL OF ENGINEER’S REPORT, AND CONFIRMATION OF ASSESSMENTS FOR FY 07-08 STAFF RECOMMENDATION: Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 07-08. RESOLUTION: 07-051 Iveta Harvancik, Associate Engineer, presented staff report. Mayor Kao opened the public hearing and invited public comments. Seeing none, Mayor Kao closed the public hearing. City Clerk Boyer read the results of the ballots. City Clerk noted that the assessment passed. WALTONSMITH/PAGE MOVED TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 07-08. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS 18. UPPER OLD OAK WAY RELINQUISHMENT STAFF RECOMMENDATION: Accept report and provide direction to staff. Vice Mayor Waltonsmith requested that this item be continues to September. Consensus of the City Council to continue this item to September. 19. PARKER RANCH BICYCLE TRAIL ABATEMENT OPTIONS STAFF RECOMMENDATION: 1. Accept report and provide direction to staff. 2. Move to adopt Motor Vehicle Resolution. 42 City Council Minutes July 18, 2007 RESOLUTION: MV-263 The following people requested to speak on this item: Anne Sanquini noted that she was a member of the City’s Pedestrian, Equestrian, and Bicycle Trails Advisory Committee and does not support using trail funds on an illegal trail. Ms. Sanquini noted that the City needs to take action now. John Heindel noted that he lives in Parker Ranch and although the trail does not affect his property, he is still very concerned. Gary Viale noted that he is one of the property owners upon which this trial has been built. Mr. Viale noted his main concern is the liability and the possible danger of fire. Mr. Viale noted that he appreciates the efforts the City is making to try and stop the users but the efforts have not been successful. Mr. Viale noted that the only option is to destroy the trail. WALTONSMITH/KING MOVED TO ADOPT MOTOR VEHICLE RESOLUTION RESTRICTING PARKING ON PARKER RANCH ROAD. MOTION PASSED 5-0. 20. CONSIDERATION OF A USE POLICY AND FEE SCHEDULE FOR RESERVED USE OF BLANEY PLAZA STAFF RECOMMENDATION: Consider establishing a use policy and fee schedule for reserved use of Blaney Plaza and direct staff accordingly. Michael Taylor, Interim Recreation Director, presented staff report. Consensus of the City Council not to establish a fee schedule for reserved use of Blaney Plaza. 21. UPDATE OF THE BLANEY PLAZA BANNER POLICY AND CONSIDERATION OF EXPANDING THE BANNER POLICY TO INCLUDE NORTH CAMPUS STAFF RECOMMENDATION: Update the existing Blaney Plaza Banner Policy and consider expanding the banner policy to include North Campus. Michael Taylor, Interim Recreation Director, presented staff report. KING/WALTONSMITH MOVED TO ADOPT UPDATED BLANEY PLAZA BANNER POLICY INCLUDING A POLICY TO INCLUDE NORTH CAMPUS AS AMENDED. MOTION PASSED 4-1 WITH HUNTER OPPOSING. 22. MASTER FEE SCHEDULE UPDATE FOR THE NORTH CAMPUS ADMINISTRATION BUILDING STAFF RECOMMENDATION: 43 City Council Minutes July 18, 2007 Update the fee schedule for the North Campus Administration Building Main Room rental to $100 per hour and the Conference Room rental to $40 per hour. Michael Taylor, Interim Recreation Director, presented staff report. WALTONSMITH/PAGE MOVED TO UPDATE THE FEE SCHEDULE FOR THE NORTH CAMPUS ADMINISTRATION BUILDING MAIN ROOM RENTAL TO $100 PER HOUR AND THE CONFERENCE ROOM RENTAL TO $40 PER HOUR. MOTION PASSED 5-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao had no reportable information. Vice Mayor Waltonsmith reported the following information: KSAR – recently appointed new Board members. SASCC – recently hired a Program Coordinator, Theresa Estavillo. Sister City Liaison – Sister City reception at City Hall on August 9th at 10:00 a.m. Councilmember Page reported the following information: West Valley Solid Waste Joint Powers Association – next meeting is scheduled for August 21, 2007. Councilmember King had no reportable information. Councilmember Hunter had no reportable information. CITY COUNCIL ITEMS In regards to a memorial for Joan Pisani, Vice Mayor Waltonsmith requested that this issue be agendized. Councilmember Page concurred. CITY MANAGER’S REPORT None ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 9:30 p.m. and noted that Council would be returning to Closed Session in the Administrative Conference Room. Respectfully submitted, By Ann Sullivan, CMC for Cathleen Boyer, CMC City Clerk 44 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – November 20, 2007 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: A review of the City’s archives indicated that minutes for this date were still outstanding: Regular Meeting – November 20, 2007 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from November 20, 2007 45 MINUTES SARATOGA CITY COUNCIL MEETING NOVEMBER 20, 2007 Mayor Aileen Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, 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 Heather Bradley, Contract Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 20, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 20, 2007, was properly posted on November 16, 2007. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items The following people requested to speak at tonight’s meeting: Jenny Young Taylor spoke about the Madronia Cemetery Eminent Domain issue and the Madronia Cemetery District’s Board (District) meetings being scheduled at 4:00 in the afternoon; when most citizens are at work and cannot attend the meetings. Maggie Creighton addressed the Council regarding a real estate agent visiting the Teeter’s residence on Oak Street indicating she was there to represent the Teeters with the sale of their property and would like to schedule a meeting with an appraiser to appraise the property. Ms. Creighton then stated the Boyd family was also visited by a real estate agent wanting to represent them in the sale of their property. Ms. Creighton stated this was the first indication of the possible purchase of these properties by the District. Ms. Creighton asked Council to protect the Oak Street neighborhood and the people that live in that neighborhood. 46 2 Theron Schaub spoke on behalf of the Boyd and Teeter family. Mr. Schaub stated the Boyd and Teeter families feel very threatened by the District’s Board and the possible sale of their properties to the District. Mr. Schaub asked the Council to protect these families and prevent the taking of their homes by the District. Nicki Teeter asked the Council to look at the Oak Street neighborhood stating it is a historic neighborhood and asked the Council to help the people in this neighborhood. John Teeter addressed the Council regarding the District’s plan to purchase the properties and was concerned about the fact that the District implied the sale of the properties was pretty much a done deal and that the District stated they have a claim on the specific properties. Oral Communications -Council Direction to Staff Vice Mayor Waltonsmith asked City Attorney Richard Taylor what are the rights/obligations of the City Council regarding this type of situation. City Attorney Richard Taylor informed the Council their their influence would be political; Council can take a position regarding development proposals in Santa Clara County within the city boundaries. City Attorney Taylor also stated the Council does have the right to make sure the District follows all appropriate procedures. Councilmember Page stated he would like to have a Joint Meeting with the Cemetery District. Councilmember King stated she would like the neighbors to be represented and that they should attend the Joint Meeting as well. Councilmember Hunter asked how you can mediate a situation in which the homeowners are not willing to sell. City Attorney Richard Taylor recommended Council take an information gathering role and that all interested parties are hearing and being provided the same information. City Attorney Taylor also stated it would be difficult to engage in a formal mediation process at this point; but Council could facilitate information sharing. Councilmember Hunter asked if this could be agendized on a future Regular Council meeting as as opposed to having a Joint Meeting with the Cemetery District. Vice Mayor Waltonsmith noted she also would like to have some type of meeting to further discuss this situation. City Attorney Taylor stated the Council needs to have an agenda item in order to discuss and determine what direction the Council wishes to proceed with. Councilmember Hunter suggested a meeting after Christmas. City Manager Dave Anderson suggested the second meeting in January 2008. Councilmember Page noted that would be a long time to wait for the people that are involved. 47 3 City Manager Dave Anderson noted the holiday furlough would affect preparation of staff reports. City Attorney Richard Taylor stated he would not be available for any Council meeting in December, but would be attending the second meeting in January. Vice Mayor Waltonsmith stated she would prefer agendizing the item on the second meeting in January so that staff has time to put together a staff report focusing on Eminent Domain. City Manager Dave Anderson noted the City Attorney recommends agendizing the item on the December 5, 2008 Council agenda for further discussion and the possibility of forming an AdHoc Committee. Communications from Boards and Commissions None. Council Direction to Staff None. ANNOUNCEMENTS Vice Mayor Waltonsmith announced that West Valley Greenleaf Committee is encouraging residents in Monte Sereno, Los Gatos and Saratoga to participate in a community Holiday Lighting contest – changing to energy efficient LED lights. For more information people can visit their website at www.westvalleygreenleaf.com. She also noted the Parks and Recreation Commission has just been reinstated and they are looking for applicants for this Commission, as well as applicants for the Library Commission. Councilmember Hunter announced the wreaths and banners have been hung in the Village and invited people to participate in the Village Open House and Tree Lighting Ceremony on Friday, November 23, 2008 from 5:30 to 9:00. CEREMONIAL ITEMS 1. COMMENDATION HONORING CHUCK AND PEGGY SCHOPPE STAFF RECOMMENDATION: Present commendation. The following people spoke on this item. April Halberstadt, Director of the Saratoga Museum, addressed the Council on the various activities the Museum is involved in and thanked the Council for recognizing Mr. and Mrs. Schoppe for their generous donation of time and efforts given to the restoration of the McWilliams House. Mayor Kao read the proclamation and presented it to Chuck and Peggy Schoppe. 48 4 2. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 18-24, 2007 AS “NATIONAL FAMILY WEEK” STAFF RECOMMENDATION: Present proclamation. Mayor Kao read the proclamation and presented it to members of the Church of Jesus Christ Latter Day Saints. SPECIAL PRESENTATIONS None CONSENT CALENDAR 3. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for the following Accounts Payable cycles: October 31, 2007 November 7, 2007 WALTONSMITH/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR OCTOBER 31, 2007 AND NOVEMBER 7, 2007. MOTION PASSED 5 -0 4. TREE CITY USA STAFF RECOMMENDATION: Accept report and authorize staff to submit an application to the Arbor Day Foundation to designate the City of Saratoga as a Tree City USA. Councilmember Hunter removed this item to thank Crystal Morrow and Barbara Powell for their efforts in establishing the City of Saratoga as a Tree City USA. HUNTER/PAGE MOVED TO AUTHORIZE STAFF TO SUBMIT AN APPLICATION TO THE ARBOR DAY FOUNDATION TO DESIGNATE THE CITY OF SARATOGA AS A TREE CITY USA. MOTION PASSED 5 – 0. 5. HERITAGE ORCHARD PATHWAY – CONSTRUCTION APPROVAL STAFF RECOMMENDATION: Approve construction of the Heritage Orchard pathway by Donald Hays Trail Contractor, Inc. WALTONSMITH/PAGE MOVED TO APPROVE CONSTRUCTION OF THE HERITAGE ORCHARD PATHWAY BY DONALD HAYS TRAIL CONTRACTOR, INC. MOTION PASSED 5 – 0. 49 5 6. RENEWAL OF USE AGREEMENT WITH CITY OF SARATOGA AREA SENIOR COORDINATING COUNCIL STAFF RECOMMENDATION: Accept report and adopt a resolution authorizing the City Manager to execute the Agreement for Cooperative Program Planning and Use of Facilities with the Saratoga Area Senior Coordinating Council. Councilmember King removed this item for discussion. She asked Recreation Department Director Michael Taylor why the contract didn’t reflect Council’s direction to staff was to have the Recreation Department take over scheduling of Senior Center classes as opposed to the Senior Center scheduling classes. Director Taylor noted the Recreation Department is providing a number of fee-based activities and SASCC continues to do no/low cost and no-cost recovery activities. There was lengthy discussion on this item and Councilmember King stated she was not comfortable with this 5-year agreement with SASCC. RESOLUTION 07-077 WALTONSMITH/HUNTER MOVED TO ACCEPT REPORT AND ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER MANAGER TO EXECUTE THE AGREEMENT FOR COOPERATIVE PROGRAM PLANNING AND USE OF FACILITIES WITH THE SARATOGA AREA SENIOR COORDINANTING COUNCIL. MOTION PASSED 4– 1 WITH KING OPPOSING. PUBLIC HEARINGS 7. APPEAL OF VARIANCE AND DESIGN REVIEW APPLICATION NO. 07-233: 20640 THIRD STREET, WHICH WAS APPROVED BY THE PLANNING COMMISSION ALLOWING CONSTRUCTION OF A NEW 3,798 SQUARE FOOT COMMERCIAL BUILDING STAFF RECOMMENDATION: Deny the appeal, thus affirming the Planning Commission Variance and Design Review Approval issued on September 26, 2007. City Attorney Richard Taylor explained the hearing process. Taylor noted that staff had received a letter from the Appellant earlier in the day withdrawing the Appeal. Mr. Taylor noted that because the appeal had been filed that started a process that only the City Council can end. He noted that the City Code requires the Council to hear the matter; and after hearing the matter Council has four options – 1) uphold the Planning Commission’s decision in its entirety; 2) Council can modify the Planning Commission’s decision; 3) Council can reverse it completely; 4) or Council can send the matter back to the Planning Commission. Mr. Taylor recommended Council receive the staff report, open the Public Hearing, receive testimony from the Applicant if the Applicant wishes to provide testimony, 50 6 and then receive public comments. Mr. Taylor noted the Appellant was not present; therefore, there would be no rebuttal from the Appellant. The Mayor would then close the Public Hearing. Heather Bradley presented the staff report. Councilmember King had questions regarding a staircase/elevator to the fourth floor. Councilmember Hunter raised the issue regarding the approval of variances. Mayor Kao invited the Applicant to speak. Craig Awbrey spoke on behalf of the Applicant. He stated he was thankful the Appeal had been withdrawn and asked the Council to modify the approval regarding the lost square footage issue. He noted they would like permission to meet with staff to discuss options to restore the lost square footage. Mayor Kao opened the public hearing and invited comments. The following people requested to speak on this item: Planning Commissioner Linda Rodgers, addressed the Council and stated the Planning Commission had three Study Sessions regarding this project and said all elements for this building were considered carefully and with sensitivity. There was additional Council discussion regarding square footage. Applicant representative Awbrey addressed the Council and stated the Applicant would rather have the Council deny the appeal and uphold the Planning Commission’s decision and resubmit another set of plans with an entitlement, than to go back to another Planning Commission meeting. Mayor Kao closed the public hearing. WALTONSMITH/PAGE MOVED TO DENY THE APPEAL OF VARIANCE AND DESIGN REVIEW APPLICATION NO. 07-233: 20640 THIRD STREET, WHICH WAS APPROVED BY THE PLANNING COMMISSION ALLOWING CONSTRUCTION OF A NEW 3,798 SQUARE FOOT COMMERCIAL BUILDING. MOTION PASSED 5-0. Mayor Kao declared a break at 9:00. Mayor Kao recovened the meeting at 9:05. OLD BUSINESS 8. ESTABLISHING A TIMELINE FOR THE NORTH CAMPUS CHILD DEVELOPMENT CENTER AND GYMNASIUM PROJECT. STAFF RECOMMENDATION: 51 7 Accept report and establish a timeline for the North Campus Child Development Center and Gymnasium project and direct staff accordingly. Recreation Director Michael Taylor presented the staff report noting the North Campus proposers have requested a commitment from the City in the form of a Memorandum of Understanding from the City prior to further personal investment to the project. Councilmember Page had questions regarding the Memorandum of Understanding and what it would provide. Project Proposer Alan Beck addressed the Council. He noted that it has been a year since they submitted a proposal for a Child Development Center at North Campus. He stated they could not afford the required expenditure of $30,000 without some kind of commitment from the City stating that the City will be working with Becks and LLC on the development of the gymnasium/child development center, and that the City will not be putting this project out to bid Councilmember King asked Mr. Beck if they would be comfortable with the City requesting bids before they expend additional funds. Mr. Beck stated they would leave the project at that point noting they have already put in a year’s worth of work on this project. Councilmember Hunter asked City Attorney Richard Taylor to define an MOU in this type of situation and type of agreement requirements would be needed. City Attorney Taylor noted an MOU would enable both parties to negotiate the terms that are agreeable. He also noted the City Council cannot commit to the project proposal in the next several months because CEQA requires an environmental review be completed first; which could cost between $75,000 and $100,000; and the City would be required to issue an RFP. Additional discussion occurred regarding proposed uses of this property and traffic issues. Mayor Kao invited public comment. Patty Woolcock addressed the Council on this item and asked why the residents haven’t been made aware of this proposed project in their neighborhood. She stated she isn’t necessarily opposed to this this project; however, she feels there should be more input from the neighbors. Norma Ford spoke in opposition to the proposed gymnasium project and asked Council if it would be possible to establish a Task Force to look into possible options. William Ford concurred with Norma Ford and noted he has concerns regarding the fact that their property borders the southwest corner of the North Campus property. Gordon Ko addressed the Council and stated his property also borders the North Campus property. 52 8 Peggy Kimball spoke in support of a cultural/art/music center at the North Campus. John Kimball stated he has contacted two foundations regarding a cultural/art/education center to be considered for this project and feels it would enhance the quality of life for everyone. He also advocates having a foundation leasing the property for 10 years; restoring the sanctuary building, remove the education building; and requested a proposal be put forth in 90 days. Dave Wyatt noted he lives on the east side of North Campus and has a concern regarding the proximity of their property to the fence; noise and traffic issues and stated he is not in favor of the proposed project. Jack Mallory noted he hopes that whatever decision the Council arrives at that it is a comprehensive plan for the site and not just separate buildings; that it needs to be attractive and well designed and that it should be a community center that brings people together. Mayor Kao closed public comment. Council continued discussion regarding the the suggested uses of the North Campus property and the need to have a comprehensive plan for the property as well as continued neighborhood participation. Council direction to staff is to move forward by directing: o Staff to prepare a draft survey regarding uses for North Campus. o Mayor form an Adhoc to review draft survey and create a Memorandum of Understanding, which includes project timeline. o Staff place survey that includes City financial statement on the City’s website. o Staff to schedule a Visioning Meeting that includes residents in late January and is facilitated by City Manager. o Bring MOU with timeline back to Council in early February. Councilmembers King and Page volunteered to serve on the Adhoc. NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao reported: Association of Bay Area Government voted to approve the Regional Housing Needs Allocation (allocated 292 units) Vice Mayor Ann Waltonsmith reported: Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) will be meeting in January. Councilmember Chuck Page -had nothing to report, but did ask to Agendize creation of Sustainability/Green Building Ordinance. Build It Green – Incentives. 53 9 Councilmember Jill Hunter – had nothing to report. Councilmember King – reported: County Cities Association Legislative Task Force looked at “Going Green” and noted all 15 cities are going back to their perspective cities to determine whether to adopt LEED standards. She also asked to agendize the evaluation of Village Zoning for Use Permits and to have Bruce Davis, Art Council representative, provide a presentation on Artsopolis. CITY COUNCIL ITEMS None. CITY MANAGER’S REPORT City Manager Dave Anderson noted he will be out of town on vacation from Wednesday, November 21, 2007 through Sunday, November 28, 2008. He also noted that he will be meeting on Monday, November 25, 2008 with Assemblymember Jim Beall in Sacramento with Kathleen King and representatives of the other TEA cities. CITY ATTORNEY’S REPORT City Attorney Richard Taylor commented on an email Council had received asking if Council had adopted a noise ordinance prohibiting playing of the National Anthem at West Valley College and flying the flag during games at the College. He stated there is an initiative in the City Code that prohibits amplified sound regarding field use at West Valley College, but no prohibition of singing the National Anthem. He will provide the Mayor with text regarding her response to the email and noted the City Manager will convey to West Valley College that the City has no objection to people singing the National Anthem or flying the US flag during games at the College. ADJOURNMENT WALTONSMITH/PAGE MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0. There being no further business Mayor Waltonsmith adjourned the regular meeting at 10:55PM. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 54 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – June 21, 2006 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: A review of the City’s archives indicated that minutes for this date were still outstanding: Regular Meeting – June 21, 2006 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 June 21, 2006 55 MINUTES SARATOGA CITY COUNCIL MEETING JUNE 21, 2006 The City Council of the City of Saratoga held a Joint Session with the Heritage Preservation Commission and the Saratoga Historic Foundation in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6): Agency designated representatives: Barbara Powell, Assistant City Manager Michele Braucht, Administrative Services Director, Monica LaBossiere, Human Resources Manager. Employee organization: SEA CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Vice Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith, Vice Mayor Aileen Kao ABSENT: Mayor Norman Kline ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director Lata Vasudevan, Associate Planner John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 21, 2006 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 21, 2006 was properly posted on June 15, 2006 COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items The following people requested to speak at tonight’s meeting: Citizen Ray addressed the Council. Ray expressed his opinion of the defeat of Measure J and about Highway 9 safety issues. 56 2 Denise Goldberg spoke about the suspension of the Parks and Recreation Commission and requested the reinstatement of it. Phil Nielson, President of Los Gatos-Saratoga High School District, requested that the City Council be part of the recruiting of a new Superintendent. Two open sessions will be held Monday June 26 at Saratoga High School and Wednesday June 28 at Los Gatos High School --throughout the day at both locations. Two topics will be discussed: the skills and characteristics needed for a new Superintendent; and the challenges for the High School District. Council members can participate via email or by attending one of the two sessions. A selection will be made at the end of August. Linda Parsley spoke on behalf of her father regarding the City’s Hillside Ordinance. She said her father had an issue with a neighbor’s fence on Via Regina that they’ve been trying to resolve since their first complaint was filed in 2002. Ms. Parsley’s father was told by the Code Enforcement Specialist, upon complaint to the City of the non-compliant fence, that this neighbor was not the only one with an out of compliance fence and they would not be singled out. Ms. Parsley went on further to relay the complaints about communication to the City and the lack of attention paid to the issue, including misplacing the initially filed compliant. The neighbor’s fence in question is blocking Ms. Parsley’s father’s access to his easement, and trees are now grown resulting in his inability to participate in a City sewer installation project. Ms. Parsley would like to know how to resolve the issue. Councilmember Kao asked that Ms. Parsley’s notes be left with the Council for review and consideration. Ms. Parsley said she would offer them. Two Saratoga High School students presented their school project on the history of Saratoga. They wanted to honor Saratoga WWII veterans. They shared two proposals: 1) to combine a WWII Memorial with the existing WWI Memorial; and 2) a stand alone plaque dedicated to WWII veterans. Councilmembers Councilmembers King requested the students remain until the Council gave direction to staff following the end of Oral Communications. ORAL COMMUNICATIONS – COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith noted that the student’s request is at a citizen level at this point and asked if there were Saratoga WWII vets who would partner with the students and come up with a proposal. Reporter Jason Sweeney was asked to be a resource for the students. Councilmember Waltonsmith asked for a Staff report to be prepared and presented to Council regarding the issue raised by Ms. Parsley. Councilmember Waltonsmith stated that staff needs to continue to look at the feasibility of restoring commissions, including the Parks and Recreation Commission. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Councilmembers met with Historic Preservation Commission (HPC) and the Saratoga Historical Foundation. 57 3 Norman Koepernik, Chair of the HPC, summarized key points from the 5:30 pm meeting. • Continue proposals for Heritage Lanes and Oak Street • Continue Council consideration of a historic overlay for the Village, plaques, etc. • Build community awareness and involvement in the history of Saratoga • Events: do more house tours, collaborate with Historic Foundation • Involve village merchants with events • Continue Mustard Festival and carry it into a Blossom Festival • Involve Montalvo, Hakone Gardens, etc. • Maintain Heritage Orchard; signage and protective fencing Chuck Schoppe from Saratoga Historical Foundation reported on accomplishments from last year • With minimal hours of operation – (9 hours; 3days a week), over 900 visitors • 23 programs were brought to over 2000 people • Shared “Saratoga Trunk” with 300 Elementary students • 450 volunteer hours by 90 high school students • Expanded website, launched in October • First of 4 planned rotating exhibits; Earthquake exhibit was rated #1 Concerns: • Would like to develop the Historic Park • Parking needs • Critical lack of storage space for artifacts • Continuing funding issues – would like to be self supporting On suggestion by Councilmembers King and Waltonsmith, Chuck agreed to collaborate with the Saratoga High School students regarding their proposal for a WWII memorial. ANNOUNCEMENTS Councilmember Waltonsmith noted that the Saratoga Museum has a display commemorating 50 years of Saratoga Rotary. The City of Saratoga’s 50th anniversary is coming up in September and flyers will be posted. Councilmember King mentioned Relay for Life being held at Redwood Middle School, Saturday June 24, 10am until Sunday 10am. She also mentioned that there is a 4th of July celebration at Azule Park, starting at 10:30am. CEREMONIAL ITEMS 1. PROCLAMATION DECLARING Month of JULY, 2006 AS “PARKS AND RECREATION MONTH” STAFF RECOMMENDATION: Present proclamation. Vice Mayor Kao read the proclamation and presented it to Kim Saxton-Heinrichs. SPECIAL PRESENTATIONS None 58 4 CONSENT CALENDAR 2A. CITY COUNCIL MINUTES – MAY 17, 2006 STAFF RECOMMENDATION: Approve minutes. KING/STREIT MOVED TO APPROVE MINUTES OF MAY 17, 2006. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2B. CHECK REGISTER STAFF RECOMMENDATION: Accept register. KING/STREIT MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2C. TREASURER’S REPORT FOR THE MONTH ENDED APRIL 2006 STAFF RECOMMENDATION: Accept report. KING/STREIT MOVED TO ACCEPT TREASURERS REPORT FOR THE MONTH ENDED APRIL 2006. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2D. ANNUAL APPROVAL OF THE CITY’S INVESTMENT POLICY FOR FISCAL YEAR 2006-07 STAFF RECOMMENDATION: Approve Investment Policy for FY 06-07. KING/STREIT MOVED TO APPROVE INVESTMENT POLICY FOR FY 06-07. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2E. APPLICATION 06-235 – ZONING TEXT AMENDMENT PERTAINING TO THE STATEWIDE DENSITY BONUS LAW (APPLICATION TO ALL ZONING DESIGNATIONS WHERE MULTI-FAMILY RESIDENTIAL USES ARE EITHER PERMITTED OR CONDITIONAL USES) STAFF RECOMMENDATION: Grant the second reading, adopt the Ordinance approving the Zoning Text Amendment pertaining to the Statewide Density Bonus Law. ORDINANCE: 241 KING/STREIT MOVED TO GRANT THE SECOND READING, ADOPT 59 5 THE ORDINANCE APPROVING THE ZONING TEXT AMENDMENT PERTAINING TO THE STATEWIDE DENSITY BONUS LAW. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2F. 2006 PAVEMENT MANAGEMENT PROGRAM – REJECTION OF BIDS STAFF RECOMMENDATION: 1. Move to reject all bids for 2006 Pavement Management Program 2. Direct staff to increase scope of work and re-bid project 3. Accept polymer-modified black aggregate slurry as the specified material for this project. KING/STREIT MOVED TO REJECT ALL BIDS FOR 2006 PAVEMENT MANAGEMENT PROGRAM; DIRECT STAFF TO INCREASE SCOPE OF WORK AND RE-BID PROJECT; ACCEPT POLYMER-MODIFIED BLACK AGGREGATE SLURRY AS THE SPECIFIED MATERIAL FOR THIS PROJECT. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2G. INDEPENDENT CONTRACTOR AGREEMENT FOR DENISE KASPER FY 06-07 STAFF RECOMMENDATION: Authorize the City Manager to execute the agreement with Denise Kasper for public noticing services. KING/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH DENISE KASPER FOR PUBLIC NOTICING SERVICES. MOTION PASSED PASSED 4-0-1 WITH KLINE ABSENT. 2H. INDEPENDENT CONTRACTOR AGREEMENT FOR DEBORAH UNGOMCCORMICK FY 06-07 STAFF RECOMMENDATION: Authorize the City Manager to execute the agreement with Deborah Ungo-McCormick for planning and development services. KING/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH DEBORAH UNGO-MCCORMICK FOR PLANNING AND DEVELOPMENT SERVICES. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2I. FACILITIES USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) STAFF RECOMMENDATION: Accept report and adopt resolution authorizing the Mayor to execute Facilities Use Agreement. RESOLUTION 06-075 Item was removed from Consent Calendar to allow for presentation to Council. 60 6 Assistant City Manager Barbara Powell and SASCC Director Genie Dee presented the Facilities Use Agreement between the City of Saratoga and the Saratoga Area Senior Coordinating Council (SASCC) Councilmember Streit stated that he took issue that the Recreation Department would give up or share facilities with SASCC and questioned Recreation’s ability then to meet financial goals that the City Council had previously set forth. He also questioned the financial solvency of SASCC and wanted to know if there was a way to ensure that SASCC could be assured of financial solvency. Staff member Powell stated in response, that the use of the facilities by SASCC was a historical use and so loss of revenue by Recreation was as it had been and a funding request was not part of the current request. Councilmember Streit reiterated that someone needs to make sure that there is no negative financial impact to Recreation for them giving up space for SASCC and if so, it should be handled as the Council handled the Teen Center. Referring to, “Measurable Objectives part II”, of the document, Councilmember Streit noted he didn’t see any benchmark for financial solvency. Additionally, Councilmember Streit stated he would like to see requirements for more Saratoga residents using the facilities as opposed to residents from other cities. It was acknowledged that 2/3 of facilities users are now Saratoga residents but it could be better. City Manager, Dave Anderson, noted that there was sufficient funding in the City budget to cover the 50% after hours rental of the Saunder’s room and Staff could provide justification/update on effectiveness at Fiscal Year end. Councilmember King commented on Mayor Kline’s prior concern of efficiency of space that is being used by SASCC. SASCC uses only uses some spaces 1/3 to 1/2 of the time; she was hoping that the proposal could include measurable objectives showing an increase in usage by residents. The document only showed an increase of seniors, not Saratoga residents specifically. SASCC Director Director Genie Dee addressed Council by commenting that she has focused on outreach to Saratoga residents, but noted that SASCC did not want to exclude other cities‘ residents from coming. The space problem, she noted, is really a peak use problem, which occurs during the mornings. She noted that because of the space problem, she hesitates reaching out to more people. She also commented that she has looked at other facilities, churches, etc. to obtain more space for special classes. Councilmember Waltonsmith suggested that the North Campus might provide some space availability in the future. She reiterated that the expectation by the City Council is that the program grows for Saratoga residents. Councilmember Streit noted that he could not vote for the agreement as it doesn’t document his expectations for increased Saratoga resident usage and does not include an assurance of financial solvency. After further discussion by all Councilmembers, Richard Taylor, City Attorney, 61 7 suggested the following edits to the agreement and resolution: Agreement: 1. Termination Provision – include, “In the event that SASCC’s net assets fall below $920,000, SASCC and the City Council will meet to determine if the agreement should be amended or terminated”. 2. Exhibit E; 2.B. Reports – add, “. . .and establishes growth targets for Saratoga and other users for future years”. 3. Part II, E – add, “. . .monthly financial reports provided to City Council liaison including the statement of assets, liabilities and net assets (balance sheet)”. Resolution: 1. Include verbiage – “Authorizes the Mayor to accept the agreement attached hereto as Exhibit A: “and approves transfer of $4,000 in Council Contingency to the Facility Rental Fund to offset senior use of Community Center facilities as authorized in the agreement”. WALTONSMITH/STREIT MOVED TO ADOPT THE FACILITIES USE AGREEMENT, as amended. MOTION PASSED 4-0-1 KLINE ABSENT. 2J. TRANSFER $16,000 FROM FY 2005-06 COUNCIL CONTINGENCY BUDGET TO FY 2006-07 RECREATION SERVICES FUND TO SUPPLEMENT FACILITY RENTAL INCOME STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 06-074 KING/STREIT MOVED TO ADOPT RESOLUTION TO TRANSFER $16,000 FROM FY 2005-06 COUNCIL CONTINGENCY BUDGET TO FY 2006-07 RECREATION SERVICES FUND TO SUPPLEMENT FACILITY RENTAL INCOME. MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2K. SARATOGA MANAGEMENT ORGANIZATION MEMORANDUM OF UNDERSTANDING STAFF RECOMMENDATION: Adopt the resolution approving the Saratoga Management Organization Memorandum of Understanding (MOU) for July 1, 2006 through June 30, 2007, and authorize the City Manager to execute the MOU. RESOLUTION: 06-101 KING/STREIT MOVED TO ADOPT THE RESOLUTION APPROVING THE SARATOGA MANAGEMENT ORGANIZATION MEMORANDUM OF UNDERSTANDING FOR JULY 1, 2006 THROUGH JUNE 30, 2007, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MOU. 62 8 MOTION PASSED 4-0-1 WITH KLINE ABSENT. 2L. STORM WATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT BETWEEN SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT AND CITY OF SARATOGA, CITY OF CAMPBELL AND TOWN OF LOS GATOS STAFF RECOMMENDATION: Authorize City Manager to execute Inspection Services Agreement between Santa Clara County Central Fire Protection District and City of Saratoga. KING/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE INSPECTION SERVICES AGREEMENT BETWEEN SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT AND CITY OF SARATOGA. MOTION PASSED 4-0-1 KLINE ABSENT PUBLIC HEARINGS 3. APPLICATION #06-043-APPEAL OF DENIAL OF APPLICATION #06-314 (APN 503-75-017) SABELLA (PROPERTY OWNER), 21771 CONGRESS HALL LANE FOR A FENCE EXCEPTION TO ENCLOSE MORE THAN 4,000 SQUARE FEET OF AREA IN THE HILLSIDE RESIDENTIAL DISTRICT STAFF RECOMMENDATION: Applicant withdrew appeal. No action required. OLD BUSINESS 4. VILLAGE TASK FORCE OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Councilmember Kao reported to Council that the task force is continuing to work and will report out on the July 19 Council meeting. NEW BUSINESS 5. 19848 PROSPECT ROAD, “GRACE SUBDIVISION”: RESCISSION OF TENTATIVE SUBDIVISION MAP APPROVAL AND REFERRAL OF GENERAL PLAN AMENDMENT TO PLANNING COMMISSION STAFF RECOMMENDATION: Staff recommends the City Council adopt resolution withdrawing and rescinding Tentative Subdivision Map No. 05-179 and direct the Planning Commission to consider and report to the City Council on a General Plan land use map amendment that would change the designation of the subject property from Medium Density Single Family (M-10) to Public Facilities (PF). RESOLUTION: 06-102 63 9 City Attorney Richard Taylor briefly reviewed the resolution. WALTONSMITH/KING MOVED TO RECOMMEND THE CITY COUNCIL ADOPT RESOLUTION WITHDRAWING AND RESCINDING TENTATIVE SUBDIVISION MAP NO. 05-179 AND DIRECT THE PLANNING COMMISSION TO CONSIDER AND REPORT TO THE CITY COUNCIL ON A GENERAL PLAN LAND USE MAP AMENDMENT THAT WOULD CHANGE THE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (M-10) TO PUBLIC FACILITIES (PF). MOTION PASSED 4-0-1, MAYOR KLINE ABSENT. ADHOC & AGENCY ASSIGNMENT REPORTS Councilmember King – Joint Economic Development Policy Committee meeting is June 22 and Aileen Kao and Dave Anderson are attending. Village AdHoc Committee is setting date for another meeting before they are to report out at Council Meeting on July 19. Councilmember Waltonsmith – Sister City Liaison Committee will be having a cultural event/presentation on Saturday, June 24, 11:00am-2:00pm. Muko City in Japan will be coming to Saratoga for the event. Historic Society was discussed previously. KSAR is ramping up funding and projects. New board members have joined. Councilmember Streit – West Valley Solid Waste Authority met with Green Valley Waste Management regarding their fulfillment of the contract until the close in Feb ‘07. The City Staff representative is Cathleen Boyer. All questions are to be directed to her. Vice Mayor Aileen Kao-County Cities Association Legislative Task Force -presentation, on June 8, of pandemic and emergency preparedness. She will leave the package with City Staff for reference. CITY MANAGER’S REPORT City Manager Dave Anderson relayed that the memorial service for former Fire Chief Gordon Duncan Will be held June 24 in Elk Grove. More information can be found by contacting the Fire Department. Chief Duncan will be remembered as one who worked to provide a more cohesive and efficient fire department. CITY COUNCIL ITEMS Councilmember King stated that the City will be getting a $170,000 grant for “Safe Routes to School”. Iveta Harvancik received special recognition. 64 10 ADJOURNMENT There being no further business Vice Mayor Kao adjourned the meeting to Closed Session to be held in the Administrative Conference Room. Meeting adjourned at 10:30 p.m. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 65 Dave Anderson Karen Caselli Anil Paul RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: April 10, 2008 April 17, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 04/10/08 107574 107621 48 $338,693.04 04/10/08 04/03/08 107573 04/17/08 107622 107663 42 $358,901.52 04/17/08 04/10/08 107621 Total $697,594.56 AP Date Check No. Issued to Dept. Amount 04/10/08 107587 CIP Activity $85,108.10 04/10/08 107592 CIP Activity $12,576.10 04/10/08 107598 Public Works $46,441.00 04/10/08 107610 Various $27,337.55 04/10/08 107619 Publc Works $107,935.52 04/17/08 107628 Community Development $309,499.10 04/17/08 107646 Various $12,108.68 The following is a list of Accounts Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 4/4/08 107574 -4/17/08 -Various General CITY MANAGER: SARATOGA CITY COUNCIL Finance & Administrative Services Accounts Payable Checks Released May 7, 2008 Total Checks MEETING DATE: Date SUBJECT: Review of Accounts Payable Check Registers. 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. AGENDA ITEM: ACCOUNTING SUPERVISOR: Description Shute, Mihaly & Weinberger LLP DEPARTMENT: PREPARED BY: Accounts Payable West Valley Sanitation District General Storm Drain Cleaning & Inspec.; Clean Water Program County of Santa Clara -Office of the Sheriff Monthly Services -Legal Fees/City Attorney/Litigation G. Bortlotto & Co., Inc. Sara-Sunnyvale PH2 Sara/Sunnyvale Road Rehab General Kevin Moran Matt Novakovich Orchard maintenance Professional Services -K. Moran LSA Associates, Inc. Park CEQA (Printer Problem) (None to report) Law Enforcement -Monthly Services Pacific Gas & Electric Various Monthly Gas & Electric Services 66 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Stafff Report The following is a list of cash reduction by fund: Fund # AP 4/10 AP 4/17 Total 001 General 222,160.32 336,578.42 558,738.74 201 Manor Drive Landscape -202 Ferdericksburg Landscape 2 8.74 28.74 203 Greenbriar Landscape 1 45.44 145.44 204 Quito Lighting 1 ,076.59 1,076.59 205 Azule Lighting 2 33.97 233.97 206 Sarahills Lighting 9 72.45 972.45 207 Village Lighting -209 McCartysville Landscape 2 16.77 216.77 210 Tricia Woods Landscape 6 1.75 61.75 211 Arroyo de Saratoga Landscape 4 7.79 47.79 212 Leutar Court Landscape 4 7.79 47.79 215 Bonnet Way Landscape 1 24.32 124.32 216 Beauchamps Landscape 4 2.61 42.61 217 Sunland Park Landscape -222 Prides Crossing Landscape 2 78.46 278.46 224 Village Commercial Landscape 1 ,821.88 1,821.88 225 Saratoga Legends Landscape -226 Bellgrove Landscape 1 ,231.56 1,231.56 227 Cunningham/Glasgow Landscp 1 84.17 184.17 228 Kerwin Ranch Landscape -229 Tollgate LLD 2 3.89 23.89 231 Horseshoe Landscape/Lighting -232 Gateway Landscape 3 02.41 302.41 233 Carnelian Glen -270 CDBG Administration -271 Saratoga Housing & Rehab.Prg. -400 Library Bond Debt Service 9 32.50 932.50 501 Equipment Replacement ISF -502 Information Technology 7 ,811.36 7,811.36 503 Facility Improvement 1 ,668.24 6 ,147.35 7,815.59 504 Facilities 3 ,982.91 7 47.46 4,730.37 505 Information Technology 1 ,162.29 1,162.29 506 Office Stores Fund 5 5.97 3 86.34 442.31 510 Liability/Risk Mgt -511 Workers' Comp -701 Traffic Safety -702 Highway 9 Safety -704 -706 Sidewalk Annual Project -708 85,108.10 85,108.10 716 Highway 9/Oak Pedestrain -720 KSAR/CATV Agency Fund -724 Village Newsrack Enclosures -726 2 Solar Radar Feedbacks -727 El Quito Area Curb Replacement -731 Storm Drain Upgrades -732 Median Landscape/Irrigation -734 Civic Center Landscape 2 ,104.94 2,104.94 735 Village Lights (Zone 7A) -Fund Description Annual Street Resurfacing Saratoga Sunnyvale PH 2 67 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Stafff Report The following is a list of cash reduction by fund: (cont.) Fund # AP 4/10 AP 4/17 Total 736 Village Trees Lighting -738 Cox Ave Railroad Crossing -739 2 20.00 220.00 744 Village Sidewalk, Curb/Gutter -746 Saratoga-Sunnyvale Gateway -747 -748 El Ca Grante/Monta Vista -749 Sara-Sun Gateway Sidewalk -751 Financial System Upgrade -752 -755 Warner Hutton House Improv. -760 Facility Projects -761 -762 North Campus/19848 Prospect -766 Historical Park Fire Alarm -778 -780 -783 -785 -786 -789 -790 5 ,536.90 5,536.90 791 15,667.02 3 90.00 16,057.02 792 -793 -794 9 3.85 93.85 795 -796 -797 San Marcos OP Space Trail -338,693.04 358,901.52 697,594.56 ---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 Document Imaging Project Wildwood Park -Wtr/Seat Fund Description Teerlink Ranch Trail Repair Carnelian Glen Footbridge UPRR/De Anza Trail Citywide Tree Replanting Kevin Moran Hakone Garden D/W Heritage Orchard Path Alternative Soccer Field Trail Segment #3 Repair El Quito Park Improvement Fire Alarm McWill&Book Go Prospect Road Medians 68 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Stafff Report 69 70 71 72 73 74 75 76 77 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: Appointment of Two Traffic Safety Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolutions appointing two members to the Traffic Safety Commission and direct the Acting City Clerk to administer the Oath of Office. REPORT SUMMARY: The attached resolution appoints Corinne Vita to fulfill the unexpired term of Brigitte Ballingall; and the re-appointment of Michael Bustamante to the Traffic Safety Commission. The term for Corinne Vita will expire on April 1, 2010; and the term for Michael Bustamante will expire on April 1, 2012. Upon direction from the City Council the Oath of Office will be administered by the Acting City Clerk and signed by the new Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to Traffic Safety Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City’s Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. 78 ATTACHMENTS: Attachment 1 – Resolution of Appointment – Corinne Vita Attachment 2 – Resolution of Reappointment – Michael Bustamante Attachment 3 – Oath of Office 79 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE TRAFFIC SAFETY COMMISSION WHEREAS, a vacancy was created on the Public Safety Commission resulting from the resignation of Brigitte Ballingall; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment was made for term expiring April 1, 2010; Corinne Vita The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 7th day of May 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 80 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE TRAFFIC SAFETY COMMISSION WHEREAS, one vacancy was created on the Public Safety Commission resulting from the expired term of Michael Bustamante; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following reappointment was made for term expiring April 1, 2012; Michael Bustamante The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 7th day of May 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 81 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________ Corinne Vita Commissioner Subscribed and sworn to before me on This 7th day of May 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 82 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will faithfully discharge the duties upon which I am about to enter. __________________________ Michael Bustamante Commissioner Subscribed and sworn to before me on This 7th day of May 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 83 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE TRAFFIC SAFETY COMMISSION WHEREAS, a vacancy was created on the Public Safety Commission resulting from the resignation of Brigitte Ballingall; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment was made for term expiring April 1, 2010; Corinne Vita The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 7th day of May 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 84 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE TRAFFIC SAFETY COMMISSION WHEREAS, one vacancy was created on the Public Safety Commission resulting from the expired term of Michael Bustamante; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancy. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following reappointment was made for term expiring April 1, 2012; Michael Bustamante The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 7th day of May 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 85 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone & DIRECTOR: John Cherbone Richard Taylor ____________________________ SUBJECT: Amendment to Saratoga City Code to Adopt Use Restrictions for Kevin Moran Park RECOMMENDED ACTION: ?? Adopt ordinance. BACKGROUND: At the April 16, 2008 City Council Meeting the Council introduced and waived the first reading of the attached ordinance setting use restrictions for Kevin Moran Park. The ordinance provides that: • The park may be used for practice use only -no games may be played at the park; • No more than two user groups may have use permits at the park at any one time; • No user groups may use the park on Sundays; • Park use will be allowed by user groups on no more than six Saturdays per year (specific dates will be established through the standard park rental process); • All use by user groups must be between the hours of 3 p.m. and 7 p.m. or dusk, whichever comes first; • • No more than three teams may use the park at any one time; and • All user agreements for the park must comply with a form to be approved by resolution of the City Council. The ordinance falls within the scope of Initial Study and Mitigated Negative Declaration (IS/MND) approved by the Council on March 5, 2008 so no further environmental review is required. ATTACHMENTS: Ordinance Amending the Saratoga Municipal Code To Set Use Restrictions for Kevin Moran Park 86 ORDINANCE __________ An Ordinance Amending the Saratoga Municipal Code To Set Use Restrictions for Kevin Moran Park THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council on March 5, 2008 approved the Kevin Moran Park Improvement Plan; WHEREAS, in response to the recommendations of the Kevin Moran Park Task Force, the resolution provided that use of Kevin Moran Park by user groups should be subject to the following conditions: • The park may be used for practice use only -no games may be played at the park; • No more than two user groups may have use permits at the park at any one time; • No user groups may use the park on Sundays; • Park use will be allowed by user groups on no more than six Saturdays per year (specific dates will be established through the standard park rental process); • All use by user groups must be between the hours of 3 p.m. and 7 p.m. or dusk, whichever comes first; • No more than three teams may use the park at any one time; and • All restrictions and conditions on use in the current Kevin Moran Park user agreements will continue to apply except to the extent that the restrictions above are more restrictive. WHEREAS, to ensure that the public is aware of these requirements the City Council believes it is prudent to ensure that they are reflected in the Saratoga Municipal Code as set forth below. Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below: A. Section 11-05.054 of the Saratoga Municipal Code is adopted as follows: 11-05.054 Kevin Moran Park Use Permits. (a) Any group use permit issued for use of Kevin Moran Park shall contain the following conditions: (1) The park may be used for practice use only -no games may be played at the park; (2) No use shall be allowed on Sundays; (3) All use shall be between the hours of 3 p.m. and 7 p.m. or dusk, whichever comes first; and (4) No more than three teams may use the park at any one time. 1 87 2 (b) No more than two user groups may have group use permits at Kevin Moran Park at any one time; (c) Kevin Moran Park may be used by user groups on no more than six Saturdays per year according to a schedule set by the Public Works Director; (d) All group use permits at Kevin Moran Park shall conform to a form agreement approved by resolution of the City Council. Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action implements the project evaluated in the Initial Study and Mitigated Negative Declaration for the Kevin Moran Park Improvement Project approved by the City Council on March 5, 2008. Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 16th day of April, 2008, and was adopted by the following vote following a second reading on the 7th day of May, 2008: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Ann Sulivan, MAYOR OF THE CITY OF SARATOGA ACTING CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 88 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Motor Vehicle (MV) Resolution authorizing installation of a Stop sign RECOMMENDED ACTIONS: Move to adopt Motor Vehicle Resolution authorizing the installation of a stop sign on Shadow Mountain Drive at the intersection of Chateau Drive REPORT SUMMARY: The City was notified of safety concerns at the corner of Shadow Mountain Drive at Chateau, and the item was heard before the Traffic Safety Commission at their March 13, 2008 meeting. The intersection is in close proximity to Argonaut Elementary School and has a large volume of traffic due to school drop off and pick up. Cars traveling north on Shadow Mountain and turning right onto Chateau Drive do not yield to the pedestrians in the crosswalk on Chateau. Drivers are looking to the left as they travel through the intersection and are not aware of pedestrians in the crosswalk to their right. The Sheriff’s Department has recently issued tickets at this intersection for “failure to yield to pedestrians”. The City Traffic Engineer and Commission reviewed this item and recommended that a Stop sign be placed on Shadow Mountain Drive where it intersects with Chateau Drive to improve safety for pedestrians. In order to enforce the new Stop sign it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post signs. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolutions would not be adopted and traffic conditions would continue as is. Page 1 of 2 89 Page 2 of 2 ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The sign will be installed and the Sheriff’s Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: 1. Memo from Fehr & Peers 2. Motor Vehicle Resolution 3. Map 90 ! ! ! "#$ % & "' ( MEMORANDUM Date: April 29, 2008 To: John Cherbone, City of Saratoga Public Works Director From: Franziska Holtzman/Sohrab Rashid Subject: Review of Traffic Operations at Chateau Drive/Shadow Mountain Drive intersection, Saratoga, California 1025-446-1 Fehr & Peers has completed an evaluation of traffic concerns at the Chateau Drive/Shadow Mountain Drive intersection in Saratoga, California. A resident requested all-way stop signs at this location during the March 13, 2008, Saratoga Traffic Safety Commission (TSC) meeting. After review of the item and input from the resident, the sheriff’s department, and Fehr & Peers, the TSC recommended the installation of a stop sign on Shadow Mountain Drive. This memorandum summarizes the traffic concerns and recommendations for traffic control installation. The Chateau Drive/Shadow Mountain Drive intersection is a “T” intersection located east of Saratoga-Sunnyvale Road, just north of Argonaut Elementary School. Shadow Mountain Drive is a two-lane, north-south local road that connects Chateau Drive and Glasgow Drive. Chateau Drive a two-lane, east-west local road that loops from Regan Lane to its southern intersection with Argonaut Drive. Shadow Mountain Drive is the south leg of the “T” intersection and Chateau Drive represents the east and west legs. High visibility school crosswalks marked with yellow paint are located across Shadow Mountain Drive and on the east leg of Chateau Drive. The California Vehicle Code (CVC 21950) stipulates that a driver of a vehicle shall yield the rightof-way to a pedestrian crossing the roadway within any marked or unmarked crosswalk at an intersection. Additionally, unless indicated otherwise through appropriate traffic control signs, CVC 21800 (b) requires motorist on the T-leg (in this case Shadow Mountain Drive) to yield to motorists on the through roadway (in this case Chateau Drive). Currently, no yield signs or stop signs are provided at this intersection. The concern raised at the March 2008 TSC meeting is that that vehicles traveling to and from Argonaut Elementary school do not yield to pedestrians at the Chateau Drive/Shadow Mountain Drive intersection. It was noted that the situation is especial acute during the school’s peak dropoff/pick-up times when parents are rushing to and from the school. The resident requested the installation of a 3-way stop sign to clearly delineate the right-of-way at the Chateau Drive/Shadow Mountain Drive intersection. In response to the concerns raised, the sheriff’s department conducted field observations in February 2008 at the Chateau Drive/Shadow Mountain Drive intersection and confirmed that some vehicles were not yielding to pedestrians at the crosswalks. The sheriff’s department recommended either the installation of a stop sign on Shadow Mountain Drive or the construction of a sidewalk on the east side of Shadow Mountain Drive from the entrance of the school’s parking lot to Chateau Drive. Fehr & Peers conducted field observations at the Chateau Drive/Shadow Mountain Drive intersection in March 2008 to determine the appropriate traffic control devices at this location. Our 91 John Cherbone April 29, 2008 Page 2 of 2 observations confirmed the resident’s and sheriff’s department’s observations about some vehicles not yielding to pedestrian traffic. In addition, Fehr & Peers conducted 48-hour roadway counts on all three approaches to the Chateau Drive/Shadow Mountain Drive intersection to determine if the roadway volumes meet the multiway stop warrants as defined in the Manual on Uniform Traffic Control Devices (MUTCD, 2003). These warrants set minimum volume thresholds and are used as guidelines for determining the installation of all-way stops. Other factors, such as pedestrian volumes and collision history were also considered in evaluating the multiway stop warrant. Based on the warrant analysis, the intersection at Chateau Drive/Shadow Mountain Drive does not meet the minimum volume threshold, and therefore Fehr & Peers does not recommend the installation of an all-way stop at the Chateau Drive/Shadow Mountain Drive intersection. Based on the field observations, the warrant analysis, and the suggestions by the sheriff’s department, Fehr & Peers presented two alternative recommendations: · Install stop sign on Shadow Mountain Drive · Install a sidewalk on the east side of Shadow Mountain Drive from Chateau Drive to the school. The installation of a stop sign at Shadow Mountain Drive presented above would clearly delineate the vehicle right-of-way at the intersection and would force vehicles to stop and yield to pedestrians crossing Shadow Mountain Drive. The second alternative would provide a separate right-of-way for pedestrian traffic to access Argonaut Elementary School from Chateau Drive. After deliberation and input from the resident and Fehr & Peers, the TSC recommended the installation of a stop sign on Shadow Mountain Drive. Current MUTCD design standards recommend that the stop sign and stop bar be installed no less than four (4) feet back from the existing school crosswalk. To provide a sufficient buffer between the crosswalk we recommend that the stop sign is installed installed no less than five (5) feet south of the crosswalk. The installation of the stop sign at this location will not change the existing right-of-way, but rather clearly delineate to drivers on Shadow Mountain Drive that they are required to stop before entering the crosswalk and the Chateau Drive/Shadow Mountain Drive intersection. 92 RESOLUTION NO. MV-______ RESOLUTION AUTHORIZING A STOP SIGN ON SHADOW MOUNTAIN DRIVE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following stop sign shall be placed on Shadow Mountain Drive: NAME OF STREET DESCRIPTION RESTRICTION Shadow Mt. Dr. A stop sign to be place on Shadow Mt. Dr. Complete stop for on the west side of the north bound lane vehicular traffic at where it intersects with Chateau Drive intersection This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 7th day of May, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 93 Proposed Stop Sign on Shadow Mountain Drive 94 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Approval of Third Amendment to the Agency Agreement for the Countywide Household Hazardous Waste Collection Program RECOMMENDED ACTION: Accept report, and authorize the City Manager to approve the Third Amendment to the Agency Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program. BACKGROUND: This evening on your agenda, you are considering a Second Amendment to an Agreement with Santa Clara County for a Countywide AB 939 Implementation Fee. A portion of the proceeds from the AB 939 Fee, assessed at landfills, non-disposal facilities and transfer stations, pays for a baseline Countywide Household Hazardous Waste (HHW) Collection Program. However, as you are aware, the HHW portion of the AB 939 fee does not fully cover the costs of providing Countywide HHW management services. Saratoga residents are very conscientious in properly managing their HHW and, therefore, have a higher service requirement than the baseline program provides. The City of Saratoga (and 11 of the 15 jurisdictions that are party to the HHW Agreement) has chosen in the past to augment the Countywide HHW Program, in order to fully cover the HHW services the City’s residents desire. On January 16, 2008, the Council approved a total augmentation to the program for FY 2007/08 of $35,000. Anticipating that the need for a higher HHW management service level will continue for Saratoga, the County is requesting a $35,000 augmentation for FY 20008/09. In order to implement the augmentation, it is necessary for the City to approve a Third Amendment to the Agency Agreement with Santa Clara County for the Countywide Household Hazardous Waste Collection Program. FISCAL IMPACTS: If the City Council approves the recommended augmentation, staff will include an appropriation of $35,000 in the proposed FY 2008/09 budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Page 1 of 7 95 The Third Amendment to the Agency Agreement for the Countywide Household Hazardous Waste Collection Program would not be approved. The County would not have sufficient funds to cover a higher level of HHW Collection services. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Third Amendment Page 2 of 7 96 Attachment A THIRD AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This is the Third Amendment to the “Agency Agreement for Countywide Household Hazardous Waste Collection Program,” (AGREEMENT) by and between the City of Saratoga (CITY) and the County of Santa Clara, (COUNTY), which AGREEMENT was effective on July 1, 2006 and previously amended on July 1, 2007. The COUNTY and the CITY agree that: 1. Section 2 Program Funding Source is amended in full as follows: HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, $2.22 per ton in FY 2007, $2.05 per ton in FY 2008 and $ 2.05 per ton in FY 2009, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE, will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the Department of Finance, Demographic Research Unit in its most recent Report, “Population Estimates for California Cities and Counties.” B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance of $210,000 from previous years will fund Abandoned Waste Disposal Costs for Fiscal Years 2007 to 2009. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will be redirected to the Facility Closure Cost Account. The apportionment for Fiscal Years 2008 to 2009 will be redirected to the City Discretionary Fund. C. Facility Closure Cost Account will cover the estimated cost of closing the County Household Hazardous Waste Collection Facilities (CoHHWCF) when the time comes. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will be redirected to this account to satisfy Permit By Rule requirements [California Code of Regulations, Title 22, sections 67450.25 (a) (2) (E) and 66265.110-66265.115]. There will be no further apportionment for Fiscal Years 2008 and 2009. D. Variable Cost Per Car to provide a base level service to 3% of households in all participating jurisdictions. E. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. Page 3 of 7 97 Attachment A “Projected AB 939 HHW Fee Fiscal Year 2007” is amended in full as set forth in Attachment 1 “Projected AB 939 HHW Fee Fiscal Years 2007, 2008 and 2009” which is incorporated herein by this reference. 2. Section 3 Fixed Program Costs is amended as follows: Fixed Program Costs shall be $1.68, $1.61 and $1.68 per household per jurisdiction for Fiscal Years 2007, 2008 and 2009 respectively. Estimated HHW Fixed Costs projected for Fiscal Year 2009 as shown in Attachment 2 which is incorporated herein by this reference. Fixed Program Costs may include, but are not limited to six (6) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, program publicity, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. 3. Section 6 Variable Cost Per Car is amended as follows: The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $67 per car for FY 2008 and FY 2009. The estimated cost per car will be adjusted annually to reflect actual service costs. After Fixed Program Costs and Facility Closure Costs are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 3% of households across all participating jurisdictions. If the level of 3% of households is not reached in a particular jurisdiction, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 3% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year. 4. Section 12. Household Hazardous Waste Collection Facilities is amended as follows: COUNTY shall conduct collection operations at three County HHW Facilities (CoHHWCF) in FY 2007 and two CoHHWCF in FY 2008 and FY 2009. The third CoHHWCF will operate at San Jose when the facility is ready. The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. The old San Jose facility closed in November 2006 and a new facility is expected to be ready at a new location in FY 2009. The CoHHWCFs are located at: ? 164 Carl Road, Sunnyvale ? 13055 Murphy Avenue, San Martin 5. Section 18. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full as set forth in Exhibit A, attached hereto and incorporated by reference herein. Page 4 of 7 98 6. The following attachments of said AGREEMENT are amended in full as shown in the attachment hereto and incorporated by reference herein. Attachment 1, “Projected AB 939 HHW Fee Fiscal Years 2007, 2008 and 2009” Attachment 3, “HHW Schedule for Fiscal Year 2008/2009” Except as amended herein, all terms and conditions of said AGREEMENT and the prior amendments shall remain in full force and effect. The effective date of this Amendment is July 1, 2008. IN WITNESS WHEREOF, COUNTY and CITY/TOWN, through their duly authorized representatives, have entered into the Third Amendment to the AGREEMENT on the date shown below: COUNTY OF SANTA CLARA CITY OF SARATOGA Signature: Signature: ___________________________ ___________________________ Pete McHugh, Chair Dave Anderson BOARD OF SUPERVISORS City Manager ATTEST: _______________________ Phyllis A. Perez, Clerk BOARD OF SUPERVISORS APPROVED AS TO FORM AND LEGALITY: _____________________ ______ Kathy Kretchmer Deputy County Counsel Page 5 of 7 99 EXHIBIT A 18. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), Door-to-Door HHW Collection, Used Oil Filter Collection, Neighborhood Clean-Up and Locker Clean Out, and electronic waste (e-waste) collection. The County will select a contractor to provide electronic waste (e-waste) recycling. The selected recycler will conduct e-waste collection events in Fiscal Year 2009. Any revenue derived from these events will be apportioned to each jurisdiction based on the number of households in each participating jurisdiction. CITY agrees to augment up to an additional $35,000 to the Countywide HHW Program during Fiscal Year 2009 for the purpose of increased resident participation above the 3% service level at the scheduled collection dates listed in Attachment 3 of this Amendment. Augmentation will be calculated at the variable cost per car rate which is estimated at $67.00 per car. Additional funding augmentations shall be agreed upon in writing by the Director of the Department of Agriculture and Environmental Management and the designated CITY representative. Additional services will be charged on a cost recovery basis. If the CITY elects to augment funding, the COUNTY will bill CITY at the end of each fiscal quarter for additional resident participation above the 3% service level. Payment is due within 30 days of the invoice date. At the end of each fiscal year, a final annual cost statement shall be prepared by the COUNTY and issued to the CITY. The annual cost statement will take into consideration costs incurred on behalf of the CITY for additional services and all payments made by the CITY to the COUNTY. If any balance is owed owed to the COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to the CITY, COUNTY will refund that amount to the CITY within 30 days of the annual cost statement. Page 6 of 7 100 Page 7 of 7 101 Fiscal Year 2007 Number of 3% of Total Tons Annual Fixed Cost Facility Closure Est Variable City Jurisdiction Households HHs for AB939 Fee Revenue at $1.68/HH Cost at 12¢ Cost at Discretionary 1/1/2005 Share $2.22/ton per HH $76/car Fund Campbell 16,459 494 36,999.44 $82,139 $27,651 $1,975 $37,527 $14,986 Cupertino 19,724 592 39,162.67 $86,941 $33,136 $2,367 $44,971 $6,467 Gilroy 14,054 422 53,705.44 $119,226 $23,611 $1,686 $32,043 $61,886 Los Altos 10,731 322 20,625.53 $45,789 $18,028 $1,288 $24,467 $2,006 Los Altos Hills 3,035 91 4,730.32 $10,501 $5,099 $364 $6,920 ($1,881) Los Gatos 12,579 377 28,231.44 $62,674 $21,133 $1,509 $28,680 $11,351 Milpitas 18,095 543 68,717.61 $152,553 $30,400 $2,171 $41,257 $78,725 Monte Sereno 1,249 37 1,205.41 $2,676 $2,098 $150 $2,848 ($2,420) Morgan Hill 12,092 363 32,451.91 $72,043 $20,315 $1,451 $27,570 $22,708 Mountain View 33,148 994 55,734.21 $123,730 $55,689 $3,978 $75,577 ($11,514) Palo Alto 27,522 -67,735.18 $150,372 $0 $150,372 San Jose 298,901 8,967 671,783.94 $1,491,360 $502,154 $35,868 $681,494 $271,844 Santa Clara 42,454 1,274 134,811.87 $299,282 $71,323 $5,094 $96,795 $126,070 Saratoga 11,009 330 16,507.54 $36,647 $18,495 $1,321 $25,101 ($8,270) Sunnyvale 54,476 1,634 97,302.35 $216,011 $91,520 $6,537 $124,205 ($6,251) Unincorporated 31,507 945 55,428.48 $123,051 $52,932 $3,781 $71,836 ($5,497) Countywide Totals 607,035 17,385 1,385,133 $3,074,996 $973,582 $69,542 $1,321,290 $710,583 Fiscal Year 2008 Number of 3% of Total Tons Annual Fixed Cost Facility Closure Est Variable City Jurisdiction Households HHs for AB939 Fee Revenue 1.61/HH $.12/HH Cost Discretionary 6/1/2006 Share $2.05/ton $67/car Fund Campbell 16,475 494 37,187 $76,234 $26,525 $1,977 $33,115 $14,617 Cupertino 19,892 597 37,461 $76,795 $32,026 $2,387 $39,983 $2,399 Gilroy 14,328 430 52,581 $107,792 $23,068 $1,719 $28,799 $54,205 Los Altos 10,741 322 19,756 $40,500 $17,293 $1,289 $21,589 $329 Los Altos Hills 3,050 92 4,367 $8,952 $4,911 $366 $6,131 ($2,455) Los Gatos 12,599 378 27,690 $56,765 $20,284 $1,512 $25,324 $9,644 Milpitas 18,197 546 66,490 $136,304 $29,297 $2,184 $36,576 $68,248 Monte Sereno 1,253 38 1,358 $2,783 $2,017 $150 $2,519 ($1,903) Morgan Hill 12,331 370 33,238 $68,137 $19,853 $1,480 $24,785 $22,019 Mountain View 33,168 995 56,646 $116,123 $53,400 $3,980 $66,668 ($7,925) Palo Alto 27,767 -66,850 $137,042 $137,042 San Jose 301,848 9,055 733,164 $1,502,987 $485,975 $36,222 $606,714 $374,075 Santa Clara 43,168 1,295 143,624 $294,429 $69,500 $5,180 $86,768 $132,981 Saratoga 11,016 330 16,272 $33,357 $17,736 $1,322 $22,142 ($7,843) Sunnyvale 54,728 1,642 99,053 $203,060 $88,112 $6,567 $110,003 ($1,623) Unincorporated 31,568 947 49,154 $100,765 $50,824 $3,788 $63,452 ($17,299) Countywide Totals 612,129 17,531 1,444,890 $2,962,025 $940,823 $70,123 $1,174,568 $776,511 ATTACHMENT 1: Projected AB 939 HHW Fee Fiscal Years 2007, 2008 and 2009 102 Fiscal Year 2009 Number of 3% of Total Tons Annual Fixed Cost Est Variable City Jurisdiction Households HHs for AB939 Fee Revenue $1.68/HH Cost at Discretionary 6/1/2007 Share $2.05 $67/car Fund Campbell 16,855 506 37,187.24 $76,234 $28,316 $33,879 $14,039 Cupertino 20,146 604 37,461.13 $76,795 $33,845 $40,493 $2,457 Gilroy 14,490 435 52,581.25 $107,792 $24,343 $29,125 $54,323 Los Altos 10,810 324 19,756.07 $40,500 $18,161 $21,728 $611 Los Altos Hills 3,059 92 4,366.89 $8,952 $5,139 $6,149 ($2,336) Los Gatos 12,636 379 27,690.00 $56,765 $21,228 $25,398 $10,138 Milpitas 18,359 551 66,489.94 $136,304 $30,843 $36,902 $68,560 Monte Sereno 1,257 38 1,357.61 $2,783 $2,112 $2,527 ($1,855) Morgan Hill 12,629 379 33,237.64 $68,137 $21,217 $25,384 $21,536 Mountain View 33,362 1,001 56,645.52 $116,123 $56,048 $67,058 ($6,982) Palo Alto 27,763 -66,849.82 $137,042 $137,042 San Jose 304,698 9,141 733,164.22 $1,502,987 $511,893 $612,443 $378,651 Santa Clara 44,033 1,321 143,623.97 $294,429 $73,975 $88,506 $131,947 Saratoga 11,089 333 16,271.64 $33,357 $18,630 $22,289 ($7,562) Sunnyvale 54,976 1,649 99,053.42 $203,060 $92,360 $110,502 $198 Unincorporated 31,013 930 49,153.81 $100,765 $52,102 $62,336 ($13,673) Countywide Totals 617,175 17,682 1,444,890 $2,962,025 $990,212 $1,184,718 $787,095 103 FIXED COST 2009 Staff Salary And Benefits HMPM,HMS, .25 MA, 3 HMT,Acct $747,000 County Admin Overhead 20% of Salary above $149,400 County Counsel $6,000 Phones and Communications $10,000 Supplies Storage $2,400 Facilities Lease Costs SJ,Sun $17,000 Vehicle Lease Costs $44,000 Office Supplies $5,000 Maintenance $7,412 Staff Training $2,000 ESTIMATED ANNUAL TOTAL $990,212 ATTACHMENT 2 Estimated HHW Fixed Costs For Fiscal Year 2009 104 2008/Month Day Date Location Type of Event County Holidays/Notes July Saturday 5 No Event No Event FOURTH OF JULY Friday 11 San Martin Permanent Saturday 12 San Martin Permanent Saturday 19 Sunnyvale Permanent Saturday 26 Santa Clara Temporary August Friday 1 San Martin Permanent Saturday 2 San Martin Permanent Saturday 9 San Jose Temporary Saturday 16 Sunnyvale Permanent Saturday 23 Cupertino Temporary Saturday 30 No Event No Event SEPT 1/LABOR DAY September Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Saturday 13 San Jose Temporary Saturday 20 Sunnyvale Permanent Saturday 27 Santa Clara Temporary October Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Saturday 11 No Event No Event OCT 13/COLUMBUS DAY Saturday 18 Sunnyvale Permanent Saturday 25 San Jose Temporary November Friday Oct. 31 San Martin Permanent Saturday 1 San Martin Permanent Friday 7 San Martin Permanent Saturday 8 San Martin Permanent Saturday 15 Sunnyvale Permanent Saturday 22 San Jose Temporary Saturday 29 No No Event No Event 27/28/THANKSGIVING December Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Friday 12 San Martin Permanent Saturday 13 San Martin Permanent Friday 19 San Jose Permanent Saturday 20 San Jose Temporary Saturday 27 No Event No Event DEC 25/CHRISTMAS 2009/Jan Saturday 3 No Event No Event Jan 1/NEW YEARS Friday 9 San Jose Permanent Saturday 10 San Jose Permanent Saturday 17 Sunnyvale Permanent Friday 23 San Jose Permanent Saturday 24 San Jose Permanent Saturday 31 Santa Clara Temporary ATTACHMENT 3: HHW SCHEDULE FOR FISCAL YEAR 2008/2009 105 2009/Month Day Date Location Type of Event County Holidays/Notes February Friday 6 San Martin Permanent Saturday 7 San Martin Permanent Friday 13 San Jose Permanent Saturday 14 San Jose Permanent Saturday 21 Sunnyvale Permanent Friday 27 San Jose Permanent Saturday 28 San Jose Permanent March Friday 6 San Martin Permanent Saturday 7 San Martin Permanent Friday 13 San Jose Permanent Saturday 14 San Jose Permanent Saturday 21 Sunnyvale Permanent Saturday 28 No Event No Event CAESAR CHAVEZ DAY April Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Saturday 11 Los Altos Temporary Saturday 18 Sunnyvale Permanent Saturday 25 Santa Clara Temporary May Friday 1 San Martin Permanent Saturday 2 San Martin Permanent Friday 8 San Jose Permanent Saturday 9 San Jose Permanent Saturday 16 Sunnyvale Permanent Saturday 23 No Event No Event MAY 25/MEMORIAL DAY Friday 29 San Jose Permanent Saturday 30 San Jose Permanent June Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Friday 12 San Jose Permanent Saturday 13 San Jose Permanent Saturday 20 Sunnyvale Permanent Saturday 27 Milpitas Temporary *SUBJECT TO CHANGE 2/27/2008 HHW SCHEDULE FOR FISCAL YEAR 2008/2009-continued 106 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Approval of Second Amendment to the Agency Agreement for Countywide AB 939 Implementation Fee RECOMMENDED ACTION: Accept report, and authorize the City Manager to approve the Second Amendment to the Agency Agreement with the County of Santa Clara for the Countywide AB 939 Implementation Fee. BACKGROUND: On July 1, 2006, the City of Saratoga and the other 14 cities in Santa Clara County entered into a 3-year Agency Agreement for a Countywide AB 939 Implementation Fee (Agreement) with the County of Santa Clara. The Agreement authorizes the County to collect and distribute a fee --collected at landfills, non-disposal facilities and transfer stations located in Santa Clara County (see Attachment “A” for list) --on each ton of waste brought to the facilities. The fee is then separated and distributed as follows: 1. A Household Hazardous Waste (HHW) Fee, distributed to the County, to implement the Countywide HHW Program; and 2. A Program Fee, distributed to the cities, to implement measures related to AB 939, which requires the reduction of landfilled waste. Prior to this 3-year agreement, in 2003 the AB 939 fee had been set at $3.35 per ton. Beginning in February 9, 2006, there was a need to increase the fee in order to handle what is called “Universal Waste”. Universal Waste is post-consumer hazardous waste such as electronics, mercury-containing batteries, thermostats and lamps, including fluorescent lights. As of February 9, 2006, residents and small businesses can no longer dispose of Universal Waste in their regular garbage; instead it must be handled as hazardous waste. In order to integrate this new Universal Waste disposal requirement, the Agreement established a higher first year (FY 2006-07) fee of $3.72 per ton, followed by a fee of $3.35 per ton for the two subsequent years of the Agreement. However, after evaluating first year outcomes, the County determined that a fee of $3.35 per ton for the second year would not be adequate to fund the program. Therefore, on July 1, 2007, the cities adopted a First Amendment to the Agency Agreement, increasing the fee to $3.55 per ton. Now, after further evaluation, the County has determined it is necessary to continue the $3.55 Page 1 of 8 107 per ton fee for the third and final year of the Agreement. In order to implement the $3.55 per ton fee, it is necessary for the cities and the County to adopt a Second Amendment to the Agreement. FISCAL IMPACTS: There is no direct financial impact to the City of Saratoga as a consequence of approving this Amendment since the AB 939 fees are assessed on tonnage brought to landfills, non-disposal facilities and transfer stations. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Second Amendment to the Agreement for the Countywide AB 939 Implementation Fee would not be approved. The County anticipates it would not have sufficient funds to cover the costs associated with the baseline Countywide Household Hazardous Waste Program. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: List of Santa Clara County Landfills, Non-Disposal Facilities and Transfer Stations Attachment B: Second Amendment Page 2 of 8 108 Attachment “A” LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility ComCare Farms Composting Facility Environmental Management Systems Facility Green Waste Recovery Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Landfill Composting Facility Pacific Coast Recycling, Inc. Premier Recycling Facility The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility Zanker Materials Processing Facility Page 3 of 8 109 SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This is the Second Amendment to the “Agency Agreement for Countywide AB 939 Implementation Fee,” (AGREEMENT) by and between the City of Saratoga (CITY) and the County of Santa Clara, (COUNTY), which AGREEMENT was effective on July 1, 2006 and previously amended on July 1, 2007. The COUNTY and the CITY agree that: 1. Section 1 Purpose is amended in full as follows The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $3.72 per ton in FY 2007, $3.55 per ton in FY 2008 and $3.55 per ton in FY 2009 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a HHW Fee of $2.22 per ton in FY 2007, $2.05 per ton in FY 2008 and $2.05 per ton in FY 2009 to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and Participating Jurisdictions as described in Exhibit C. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Non-disposal facilities are defined as those facilities included in the County of Santa Clara Non-Disposal Facility Element (and subsequent amendments to that Element). 2. Exhibit C. COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) is amended in full as set forth in Attachment 1 which is incorporated herein by this reference. /////////Except as amended herein, all terms and conditions of said AGREEMENT and the First Amendment shall remain in full force and effect. The effective date of this Amendment is July 1, 2008. Page 4 of 8 110 IN WITNESS WHEREOF, COUNTY and CITY through their duly authorized representatives have entered into this Second Amendment to the AGREEMENT on the date shown below: COUNTY OF SANTA CLARA CITY OF SARATOGA Signature: Signature: ___________________________ ___________________________ Pete McHugh, Chair Dave Anderson, City Manager BOARD OF SUPERVISORS ATTEST: _______________________ Phyllis A. Perez, Clerk BOARD OF SUPERVISORS APPROVED AS TO FORM AND LEGALITY: ____________________________ Kathy Kretchmer Deputy County Counsel Page 5 of 8 111 ATTACHMENT 1 COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, $2.22 per ton in FY 2007, $2.05 per ton in FY 2008 and $2.05 per ton in FY 2009, collected as part of the AB939 Implementation Fee, will be the primary source of funding for CoHHW Program services. Funds derived from the HHW Fee will be allocated among five types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the Department of Finance, Demographic Research Unit in their most recent Report, “Population Estimates for California Cities and Counties.” B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance from previous years will fund the Abandoned Wastes Disposal Costs for fiscal years 2007 to 2009. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will be redirected to the Facility Closure Cost Account. The apportionment for Fiscal Years 2008 to 2009 will be redirected to the City Discretionary Fund. C. Facility Closure Costs will cover the estimated cost of closing the three County Household Hazardous Waste Collection Facilities (CoHHWCF) when the time comes. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will be redirected to this account to satisfy Permit By Rule requirements [California Code of Regulations, Title 22, sections 67450.25 (a) (2) (E) and 66265.110-66265.115]. There will be no further apportionment for FY 2008 and 2009. D. Variable Cost Per Car to provide a base level service to 3% of households in all participating jurisdictions. E. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $1.68, $1.61, and $1.68 per household for fiscal years 2007 through 2009 respectively. Fixed Program Costs may include, but are not limited to six (6) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, program publicity, training costs, equipment and facility maintenance, and union negotiated salary and benefit increases. 3. ABANDONED WASTE DISPOSAL COST Page 6 of 8 112 The existing unexpended abandoned waste fund balance of $210,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations for FY 2007 through FY 2009. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will be redirected to the Facility Closure Cost Account. This portion of the funds shall be distributed directly to the Countywide HHW Program. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The apportionment for Fiscal Years 2008 to 2009 will be suspended, and funding will be redirected to the City Discretionary Fund. For the purposes of this agreement, the PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organizations as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. FACILITY CLOSURE COST The Facility Closure Costs are costs associated with the closing of the three HHW facilities when the time comes and is required by Permit-by Rule Regulations. During the first three years of the AB939 Implementation Fee for HHW services, $20,000 per year was set aside to pay for facility closure. The closure account was $60,000 at the beginning of FY 2007. The FY 2007 apportionment ($70,000) for abandoned waste disposal will be redirected to the Facility Closure Account maintained by Countywide HHW Program to satisfy Permit-by-Rule requirements. This portion of the funds shall be distributed directly to the Countywide HHW Program. This would be a one-time cost from the AB939 Implementation Fee funding. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $67 per car for Fiscal Year 2008 and 2009. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and facility closure costs are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 3% of households across all participating jurisdictions. If the level of 3% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of fixed cost, facility closure cost and variable per car cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, electronic waste collection, universal waste collection, emergency HHW services, funding HHW public education, or Page 7 of 8 113 Page 8 of 8 providing special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive their pro-rata share of funding received by the COUNTY from the HHW Fee, with the exception of funds for the abandoned waste cost, described above. If CITIES not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The pro-rata share of liability will be shared as defined in Section 28 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. 114 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer Public Works Director SUBJECT: Approving Application for Clean Air and Transportation Improvement Fund, Proposition 116, Bicycle Program RECOMMENDED ACTION: Adopt the attached resolution in support of the application for California Transportation Commission Clean Air and Transportation Improvement Fund, Proposition 116, Bicycle Program. REPORT SUMMARY: In 1990, California voters approved Proposition 116 – the Clean Air and Transportation Improvement Act. The City was notified that there are remaining funds in the amount of $492,000 in this program that can be allocated for bicycle improvements along Highway 9. This presents a great opportunity to implement additional bicycle safety improvements not included in the first phase of the Highway 9 Safety Project. Public Works staff and the City traffic engineer met with Caltrans representatives on site and developed a conceptual plan for the improvements that are eligible for funding and can be delivered before the deadline. The improvements include: • Removing the right-turn lane and the median at Austin Way approach on both sides of Highway 9. This will square up the corners and provide the drivers making a right turn better view of on-coming traffic. (Recent article in San Jose Mercury News listed this intersection as one of the six worst stretches of road for bicyclists in Santa Clara County. The analysis was based on 10 years of traffic collision data involving vehicles and bikes.) • Installing a street light at the south approach of Austin Way to improve the evening and night visibility of the intersection. • Providing bicycle loops at all intersections on Highway 9 from Saratoga to Los Gatos and spot shoulder widening as needed. Page 1 of 2 115 Page 2 of 2 It is anticipated that the City of Monte Sereno, the Town of Los Gatos, and the County will work together with Saratoga in a way similar to the Highway 9 Safety Project. This time, Saratoga will be the lead agency. A City Council resolution approving the application is required to complete the submitted documentation. Therefore it is recommended that the Council adopts attached resolution supporting the application and appoints the City Manager to execute all documents. FISCAL IMPACTS: Local match of 20% of the project cost is required. The local match in the amount of up to $123,000 will be shared by the three municipalities and the County. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Resolution(s) will not be adopted and the City will not receive Proposition 116 funds. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The adopted Resolution shall be forwarded to Caltrans to support the application. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution 116 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE CALIFORNIA TRANSPORTATION COMMISSION CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT, BICYCLE PROGRAM -PROPOSITION 116 WHEREAS, the people of the State of California have enacted the Clean Air and Transportation Improvement Fund as a result of voter approval in June 1990 of Proposition 116, the Clean Air and Transportation Improvement Act of 1990; and WHEREAS, the California Department of Transportation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Transportation require the Applicant’s Governing Body to certify by resolution the approval of the Applicant to apply for the Clean Air and Transportation Improvement Fund Bicycle Program allocation. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Approves the filing of an Application for the California Transportation Commission Clean Air and Transportation Improvement Fund, Proposition 116, Bicycle Program allocation; and 2. Certifies that the Applicant meets the statutory requirements to be eligible for Clean Air and Transportation Improvement Act funding; and 3. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 4. Certifies that the Applicant will be able to expend the funds approved for the Project for reimbursement of eligible costs within 24 months of the fund allocation notification date; and 5. Certifies that the Project will improve bikeway principally used by bicycle commuters; and 6. Certifies that the Applicant has or will complete required environmental documentation pursuant to CEQA; and 117 7. Certifies that the Project will be designed in conformity with Caltrans Standard Plans and Specifications; and 8. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. Passed and adopted on the 7 day of May, 2008 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ______________________ Ann Waltonsmith, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, Acting City Clerk 118 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer Public Works Director SUBJECT: Landscaping and Lighting Assessment District LLA-1 -Amendment of Resolution of Intention RECOMMENDED ACTION: Move to adopt Amended Resolution of Intention to Order the Levy and Collection of Assessments for the City of Saratoga Landscaping and Lighting District LLA-1 for Fiscal Year 2008-2009. REPORT SUMMARY: On April 16, 2008 the Council approved the Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972, City of Saratoga Landscaping and Lighting Assessment District LLA-1, Fiscal Year 2008-2009. The purpose of this Resolution, among other things, is to schedule the date and time for the Public (Protest) Hearing on the assessment increase for Zone No. 31, Horseshoe Drive. The public hearing was scheduled for the June 4, 2008 meeting. In order to provide at least a 45-day period between the public hearing and mailing notices of the proposed assessment and ballot cards to property owners, the public hearing date needs to be re-scheduled to June 18, 2008. The attached Resolution of Intention is based on the previously approved Resolution No. 08-026 and changes the public hearing date and attaches a map of the District as a whole. The attached Resolution of Intention fixes the date and time for the Public (Protest) Hearing on the assessment increase proposal to the June 18, 2008 Council meeting. It is recommended that the Council adopt the amended Resolution of Intention to continue the annexation process. The amended Resolution will replace approved Resolution No. 08-026. FISCAL IMPACTS: The costs associated with administering the Landscaping and Lighting Assessment District are recovered via the assessments levied against the properties, which receive special benefit from the services provided through the District. Each property in Zone 31 will be assessed an equal amount. Page 1 of 2 119 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Resolution(s) will not be adopted and the assessment increase process will not continue. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: If Council so directs, staff will continue with proceedings required per the rules of Proposition 218 and bring back the required resolution to City Council for adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Notice of Hearing will be published and mailed to Zone 31 property owners informing them of the June 18, 2008 Public Hearing. ATTACHMENTS: 1. Resolution of Intention 120 1 RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FISCAL YEAR 2008-2009 WHEREAS, pursuant to Resolution No. 08-010, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2008-2009", for City of Saratoga Landscaping and Lighting District LLA-1, adopted on March 5, 2008, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 08-010, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 2008-2009 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA-1," the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. The general location of the district is shown on Exhibit “B” hereto attached and by reference incorporated herein. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 18th day of June, 2008, at the hour of 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and 121 2 when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. The Office of the City Engineer be, and hereby is designated as the office to to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 868-1241. 7. Resolution number 08-026 adopted by the City Council on the 16th day of April, 2008 is hereby repealed and replaced in its entirety by this resolution. * * * * * Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 7th day of May, 2008, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor Attest: City of Saratoga Ann Sullivan, Acting City Clerk 122 Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. 123 Exhibit B 124 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Proposed User Fee Schedule Update for Fiscal Year 2008/09 RECOMMENDED ACTION Hold public hearing and adopt Proposed User Fee Schedule for FY 2008/09. REPORT SUMMARY The City Council annually adopts a resolution that establishes the fee schedule for the ensuing fiscal year. The City Council reviewed the first draft of the proposed User Fee Schedule for FY 2008/09 at the April 16, 2008 meeting. Per Council’s direction, staff is bringing forth the proposed User Fee Schedule to a regularly scheduled City Council meeting as required by California Government Code Section 66018: Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Upon Council approval of the proposed fee schedule and adoption of the “Resolution Establishing a Schedule of Fees”, staff will publish the FY 2008/09 User Fee Schedule to be effective July 7, 2008. FISCAL IMPACTS Staff reviewed current fees and associated expenditures, and concluded that the proposed revisions to the User Fee Schedule are necessary for the City to maintain its approach toward a cost recovery position for provided services. All fee increases are directly related to either increases in costs that support the related functions, or a revised assessment of the time spent providing the service. Staff has maintained proper documentations to support and justify the proposed increases and new fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will fall below the current cost recovery level. ALTERNATIVE ACTION N/A FOLLOW UP ACTION Staff will update the current Fee Schedule to be effective 60 days after Council adoption: July 7, 2008. 1 125 2 ADVERTISING, NOTICING AND PUBLIC CONTACT n/a ATTACHMENTS 1. Resolution adopting the Proposed User Fee Schedule 2. Proposed FY 2008/09 User Fee Schedule 126 Attachment 1 RESOLUTION NO. _____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES WHEREAS, the City Council annually adopts a resolution that establishes the fee schedule for the ensuing fiscal year, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: The fees set forth in the User Fee Schedule are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. Section 2: Resolution Number __-___ and all amendments thereto are hereby repealed in their entirety, it being the intent of the City Council that the fee schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. Section 3: This resolution shall become effective on July July 7, 2008, and shall be applicable to all fees and deposits which are payable to the City from and after the effective date hereof. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7th day of May, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ann Waltonsmith, Mayor Attest Ann Sullivan, Acting City Clerk 3 127 CITY OF SARATOGA USER FEE SCHEDULE FISCAL YEAR 2008/09 128 CITY OF SARATOGA USER FEE SCHEDULE ~ TABLE OF CONTENTS ~ Administrative Fees Abandoned Vehicle Fee..................................................................................................... .......1 Address Processing Fee .............................................................................................................1 Animal Control Services ................................ ..........................................................................1 Appeals – Public Hearings.................................................................................................. ......1 Code Compliance Permits..........................................................................................................1 Copy/Duplication Fees....................................... .......................................................................1 Document Storage Fees ........................................................................................................ ....2 False Alarm Fees........................................................................................................................2 Late Fees ............................................. .....................................................................................2 Notary Fee...................................................................................................... ..........................2 Postage & Mailing ....................................................................................................................2 Publication Fees................... .....................................................................................................2 Recreation Activity Guide Advertising .......................................................... ..........................3 Research Fees............................................................................................................................3 Returned Check Fees .................................................................................................................3 Sign Retrieval Fees ........................................................... ........................................................3 Business License Tax & Fees Processing Fees ................................................................................................. .......................4 Penalty for Delinquent Payment ................................................................................................4 Business License Tax Contractor/Subcontractor ....................................................................................................4 Jukebox.......................................................................................... ....................................4 Theatrical Performance........................................................................................................4 Delivery Services ................................................................................................................4 Vending Machines .................................................................... ..........................................4 Home Occupations...............................................................................................................4 Handbill Distribution ...........................................................................................................4 Amusement Device............................................................. ................................................4 Commercial Photography ....................................................................................................5 Property Leasing ..................................................................................................................5 Carnival/Circus ........................................................... ........................................................5 Personal Escort Services or Bureaus....................................................................................5 All other Businesses.............................................................................................................5 129 CITY OF SARATOGA USER FEE SCHEDULE ~ TABLE OF CONTENTS ~ Business Regulation Permits Card Games........................................................................................................ ......................6 Fairs & Carnivals .......................................................................................................................6 Firearms ........................... ........................................................................................................6 Massage Establishments ...................................................................... .....................................6 Motion Picture Filming..............................................................................................................6 Noise Exception Permit .............................................................................................................6 Peddlers & Solicitors Application Fee............................................ ..........................................6 Private Patrols ............................................................................................................................6 Public Dances............................................................................................................................7 Recyclers................................................... ...............................................................................7 Restricted Street Usage Permit ....................................................................................... ..........7 Secondhand Dealers...................................................................................................................7 Special Event Permit................................ .................................................................................7 Taxicabs............................................................................................................ .......................7 Valet Parking .............................................................................................................................7 Development Fees Development Permits Construction Trailer Permit .................................................................................................8 Satellite Dish Antenna Permit....................... ......................................................................8 Storage Permit................................................................................................................. ....8 Tree Removal Permits..........................................................................................................8 Development Fees Appeals ........................................ ......................................................................................8 Approved Application Extension ................................................................................ .......8 General Plan Update Fees....................................................................................................8 Landscape Bond Acceptance Fee .................................. .....................................................8 Off Site Improvement Review.............................................................................................8 Request for Continuance......................................................................................................8 Development Services Annexation................................................. ........................................................................9 City Attorney Services....................................................................................................... .9 Development Staff Services.................................................................................................9 General Plan Amendment Services ....................................... ............................................9 Noticing Services .................................................................................................................9 Occupancy Inspections ........................................................................................................9 Over-the-Counter Plan Check...................................................... .......................................9 130 CITY OF SARATOGA USER FEE SCHEDULE ~ TABLE OF CONTENTS ~ Special Reports & Studies ...................................................................................................9 Staff Review Code Questions/Project Review ....................................................................9 Traffic & Economic Studies/Other Special Report ...................................... ......................9 Williamson Act Contract Cancellation ..............................................................................10 Zoning Ordinance Amendment............................... ..........................................................10 Complex Project Fee..........................................................................................................10 Pre-Development Application Services Planning Process Orientation Class ...................................................................................10 Plan Submittal Orientation............... .................................................................................10 Property Profile................................................................................................... ..............10 Development Application Reviews Design Review...................................................................................................................11 Environmental Review.......................................................................................................11 Fence Applications..................................................................... .......................................11 Heritage Preservation.........................................................................................................11 Lot Adjustments............. ...................................................................................................12 Modification of Approved Applications............................................................ ...............12 Sign Application ................................................................................................................12 Sound Wall Application........................... .........................................................................12 Temporary Use Application...............................................................................................12 Tentative Map Subdivision Application ............................................................................12 Use Permit Application............................................................ .........................................12 Variance Fee Application ..................................................................................................12 Arborist Services Arborist Staff Time ............................................................................................................13 Tree Appeals ....................................................... ..............................................................13 Tree Fines ..........................................................................................................................1 ` Building Permit & Inspection Fees Building & Inspection Permits Building Permits ................................................................................................................14 Electrical Permits ...............................................................................................................14 Grading Permit.................................................... ..............................................................15 Heating & Air Conditioning Permits .................................................................................15 Plumbing Permits...............................................................................................................15 131 CITY OF SARATOGA USER FEE SCHEDULE ~ TABLE OF CONTENTS ~ Building & Inspection Services Energy Calculation Review` .................................................................................... .........16 Other Inspection Fees ........................................................................................................16 Building & Inspection Taxes Construction Tax................................................................................................................16 Additional Fees ................................................................. ......................................................16 Engineering Permit & Inspection Fees Engineering Fees Certificate of Compliance............................................................... ..................................17 Engineering Design & Administrative Review .................................................................17 Geotechnical Review ............................... .........................................................................17 Improvement Plan Check Fee............................................................................................17 Inspection Fee for Subdivision &Building Site Improvements.........................................18 Lot Line Adjustment Engineering Fees ............................................................ ................18 Map Checking Fees............................................................................................................18 Park Development Fee................................ ......................................................................18 Real Estate Open House Signs...........................................................................................18 Tentative Subdivision Maps ..............................................................................................18 Road Impact Fees .......................................................... ...................................................19 Traffic Review Fees ..........................................................................................................19 Engineering Permits Encroachment Permits .......................................................................................................19 Additional Engineering Services Fees .....................................................................................19 132 CITY OF SARATOGA USER FEE SCHEDULE ~ TABLE OF CONTENTS ~ Park & Facility Rental Fees Facility Rentals Facility Rental Discounts........................................................................ ..........................20 Rental Processing Fee (Non-refundable) ...........................................................................20 Civic Theater........................................ .............................................................................20 Community Center....................................................................................................... .....20 North Campus ....................................................................................................................20 Warner Hutton House .............................................. ........................................................20 Park Rentals Azule Park..................................................................................................................... ....21 Bellgrove Park ...................................................................................................................21 Beauchamps Park............................................ ..................................................................21 Brookglen Park ..................................................................................................................2 Congress Springs Park .......................................................................................................21 El Quito Park......................................................... ............................................................21 Foothill Park.......................................................................................................................21 Gardiner Park.....................................................................................................................21 Heritage Orchard Park ............................................ ..........................................................21 Historical Park ...................................................................................................................21 Kevin Moran Park..............................................................................................................21 Ravenswood Park....................................................... .......................................................21 Wildwood Park ..................................................................................................................22 Other Rental Fees.....................................................................................................................22 Banner Fees................................................... ....................................................................22 Community Garden Plot Rentals .......................................................................................22 Park Attendant Fee.............................................................................................................22 133 CITY OF SARATOGA USER FEE SCHEDULE ~ ADMINISTRATIVE FEES & PERMITS ~ FY 2008/09 1 Abandoned Vehicle Fee Administrative Fee for Removal $250 Address Processing Fee $160 Animal Control Services All fees related to animal control services are set and administered by the City of San Jose’s Animal Control Services Dept. under contract between the City of Saratoga and the City of San Jose. Refer to http://www.sanjoseanimals.com for more details. Appeals – Public Hearings Planning Commission Appeals $400 City Council Appeals $600 This fee applies to all appeals except where an appeals procedure and fee is otherwise set forth in the fee schedule. See Municipal Code section 2-05.030 for more information. Code Compliance Permits Animal – Kennel Permit $125 Animal – Horse Permit $125 Noise Exception Permit $50 Off-Street Vehicle Permit $125 Special Event Permit $100 Copy/Duplication Fees B/W copy -letter/legal size $ .20 per page Color copy – letter/legal size $ .35 per page Electronic documents – letter/legal size $ .10 per page Audio/Video Tape/DVD/CD $20 Data Duplication – digital file Actual Cost Data Duplication – using Plotter Actual Cost Data Duplication – e-file copy on CD Actual Cost Duplicate Plan Sets Actual Cost All other duplication requests Actual Cost 134 CITY OF SARATOGA USER FEE SCHEDULE ~ ADMINISTRATIVE FEES & PERMITS ~ FY 2008/09 2 Document Storage Fees Administrative Fee $150 Public Hearing Fee $300 8 ½” x 11” or 14” + Documents $.75 /page 18” x 24” + Plans $2 /page False Alarm (Per Calendar Year) First Alarm No charge Second Alarm No charge Third Alarm $75 Fourth Alarm $100 Fifth Alarm $200 Sixth Alarm or More $250 Late Fees General billings/accounts receivables 1% interest accrued per month Garbage Collection Service Late Fee Charges Lien Administrative Charge $100 Special Assessment $50 Notary Fee $10 /signature Postage & Mailing Actual Cost Publication Fees City Code (also available online) Actual Cost City Budget (also available online) $50 General Plan $45 General Plan Map $15 Saratoga’s Heritage Book $20 Zoning Map $20 Zoning Ordinance $15 Village Plan $7 Village Designs Guidelines $5 Parks & Trails Master Plan $5 Standard Details $5 Subdivision Ordinance $5 135 CITY OF SARATOGA USER FEE SCHEDULE ~ ADMINISTRATIVE FEES & PERMITS ~ FY 2008/09 3 Recreation Activity Guide Advertising Fees Inside 1/8 page (business card size) $ 250 Inside ¼ page, vertical 4 ½ x 3 5/8” $ 350 Inside ½ page, horizontal 7 ½ x 4 ½” $ 550 Inside ½ page, vertical 9 ½ x 3 5/8” $ 550 Inside full page, 9 ½ x 7 ½” $ 850 Inside full page, 9 ½ x 7 ½” Full Color page $1,100 Inside back cover, 9 ½ x 7 ½” Glossy, Full Color page $1,300 Research Fee Billed at Staff Hourly Billing Rate Returned Check Charge $25 fee on 1st insufficient funds (maximum per CA Civil Code Section 1719) check occurrence $35 fee on subsequent occurrences Sign Retrieval Fee $20 /sign 136 CITY OF SARATOGA USER FEE SCHEDULE ~ BUSINESS LICENSE TAX AND FEES ~ FY 2008/09 4 PROCESSING FEES (Non Refundable; Updated Annually Based on CPI Increases) New Application $30 Renewal of Application $15 Correct Address $10 Duplicate Certificate $10 Business License Listings $30 PENALTIES FOR DELINQUENT PAYMENTS Within 30 days after due date 10% of the tax amount due Exceeding 30 days after due date An additional 10% of tax due for each month thereafter, with penalty not to exceed 100% of business license tax amount due ANNUAL BUSINESS LICENSE TAX Contractor/Subcontractor $45 plus 15% on Building Permit Fees Jukebox $50 /jukebox Theatrical Performance $100 /year plus $10 per performance Delivery Services $100 /business Vending Machines Cost of $0.25 or Less $25 /machine Cost of $0.26 to $1.00 $45 /machine Cost of $0.26 to $2.00 $55 /machine Cost of $0.26 to $3.00 $65 /machine Cost of $0.26 to Over $3.00 $75 /machine Home Occupation $100 /occupation Handbill Distribution $25 /day Amusement Device $50 /device 1 37CITY OF SARATOGA USER FEE SCHEDULE ~ BUSINESS LICENSE TAX AND FEES ~ FY 2008/09 5 Commercial Photography Movies/Videos on City Property $500 /day Movies/Videos not on City Property $250 /day Still Photography on City Property $50 /day Still Photography not on City Property $25 /day Property Leasing Commercial $100 plus $3 /1000 sq. ft. gross leasable space in excess of 500 sq. ft. to a maximum of 40 units Residential $100 plus $5 /unit over 4 to a maximum of 40 units Carnival/Circus $256 /day Personal Escort Services or Bureaus $500 plus $100 /employees All Other Businesses $100 /business plus $10 per employee to maximum of $300 Detailed Business License Tax and Fee information is found in Chapter 4 of the City of Saratoga Municipal Code 138 CITY OF SARATOGA USER FEE SCHEDULE ~ BUSINESS REGULATION PERMITS ~ FY 2008/09 6 Card games Permit Application Fee $1,250 Fairs & Carnivals Permit Application Fee $100 Firearms Application Fee for Permit to Sell $300 Permit Renewal Fee $150 Massage Establishments New Renewal Permit Application Fee $750 $375 Permit for Managing Employee(s) $350 $175 Permit for Massage Practitioner $350 $175 Examination Fee As set by the Examiner Background Investigation/Fingerprint As set by the Sheriff Notary Fee $10 /signature Appeal Hearing Fees – Denials $500 Appeal Hearing Fees – Suspensions/Revocations $1,500 Motion Picture Filming Permit Application Fee $500 Noise Exception Permit $50 Peddlers & Solicitors Application Fee New Renewal 1 Solicitor $100 $50 2 to 5 Solicitors $150 $75 6 to 10 Solicitors $250 $125 11 to 20 Solicitors $300 $150 21 or More Solicitors $350 $175 Photo ID Fee $25 per badge $25 per badge Private Patrols Permit Application Fee $200 Permit Renewal Fee $100 Employee Application Fee $50 139 CITY OF SARATOGA USER FEE SCHEDULE ~ BUSINESS REGULATION PERMITS ~ FY 2008/09 7 Public Dances Permit Application Fee $1,500 Permit Renewal Fee $1,500 Recyclers Permit Application Fee $300 Permit Renewal Fee $150 Restricted Street Usage Permit (Trucks > 5 Tons) Single Permit $25 Annual Permit $100 Secondhand Dealers Permit Application Fee $300 Permit Renewal Fee $150 Special Event $100 Taxicabs Certificate Application Fee $300 Valet Parking Permit Application Fee $300 Detailed Business Regulation and permit application fee information is found in Chapter 4 of the City of Saratoga Municipal Code 140 CITY OF SARATOGA USER FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2008/09 8 California Government Code §66014 states "(a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits...those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged." For more details, go to http://www.leginfo.ca.gov DEVELOPMENT PERMITS Construction Trailer Permit $100 Satellite Dish Antenna Permit $100 Storage Permit $200 Tree Removal Permit Tree Removal Permit $ 75 After the Fact – Tree Removal Permit $315 DEVELOPMENT FEES Appeals From Administrative Decisions to Planning $400 Commission Per Section 15-90.010 From Planning Commission to City Council $600 Per Section 15-90.020 Application Extension Fee $2,500 General Plan Update Fees 0.285% of project valuation at the time the permit is issued Landscape Bond Acceptance Fee $500 Off Site Improvement Review Administrative Fee $500 Request for Continuance $250 for second & each additional request 141 CITY OF SARATOGA USER FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2008/09 9 DEVELOPMENT SERVICES Annexation Annexation Request $5,000 deposit billed at Staff Hourly Billing Rate plus LAFCO expenses Waiver Request $500 City Attorney Services Billed at the hourly rate set per the City Attorney annual contract Development Staff Services – Billing Rates Development Staff Hourly Billing Rate $120 /hr for Applications Requiring Deposits General Plan Amendment Services Application for Election to Amend Actual cost charged by consultant the General Plan plus a 10% surcharge for staff analysis and a 25% surcharge for for City’s indirect costs General Plan Amendment $3,500 initial deposit -billed at Staff Hourly Billing Rate General Plan Amendment Requiring Election $3,500 initial deposit plus costs of election as determined by the City Clerk per Resolution 96-28 to be deposited with request for election Noticing Services Actual cost charged by consultants Occupancy Inspections $165 Over-the-Counter Plan Check $500 Special Report and Studies plus 10% surcharge for staff analysis and a 25% surcharge for City’s indirect cost. Staff Review Codes Questions/Project Review $100 Traffic and Economic Studies/Other Special Actual cost charged by consultant 142 CITY OF SARATOGA USER FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2008/09 10 Williamson Act Contract Cancellation $5,000 deposit billed at Staff Hourly Billing Rate Zoning Ordinance Amendment $3,500 initial deposit billed at Staff Hourly Billing Rate Complex Project Fee: Actual Cost If it is determined that the application processing cost of a project will significantly exceed the established flat fee, the Community Development Director may convert project flat fees into an hourly rate in order to recover the City’s actual cost. PRE-DEVELOPMENT APPLICATION SERVICES Planning Process Orientation Class $500 per 1 hr class Plan Submittal Orientation Billed at Staff Hourly Billing Rate Property Profile Verbal $25 Written $100 143 CITY OF SARATOGA USER FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2008/09 11 DEVELOPMENT APPLICATION REVIEWS Design – Application Review Administrative Design Review $3,400 Planning Commission Design Review $5,200 Environmental – Application Review Department of Fish and Game Actual cost by the Dept of Fish and EIR Fee per AB 3158 Game, plus a 10% surcharge for staff analysis, and a 25% surcharge for City’s indirect cost Department of Fish and Game Actual cost by the Dept of Fish and Negative Declaration Fee Game plus a 10% surcharge for staff analysis and a 25% surcharge for City’s indirect cost Environmental Assessment Fee $1,500 initial deposit, billed at Staff Hourly Billing Rate Mitigated Negative Declaration Fee Actual cost by consultant plus 10% surcharge for staff analysis and 25% surcharge for City’s indirect cost Environmental Impact Report Deposit required. Amount of deposit Administrative Fee based on project and determined by Community Development Director. Actual cost charged by consultant plus a 10% 10% surcharge for staff analysis and a 25% surcharge for City’s indirect cost Monitoring of Mitigation Measures As specified in project approval or agreement with developer Fence – Application Review Fence Enclosure Review & Permit $1,800 Fence Exception Review & Permit $1,800 Heritage Preservation – Application Review Mills Act Application $1,500 initial deposit billed at Staff Hourly Billing Rate Historic Compliance Review $240 144 CITY OF SARATOGA USER FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2008/09 12 Application for Designation no charge Permit Application Fee no charge Appeal fee no charge Lot Adjustment – Application Review Application for Lot Line Adjustment $1,500 Application for Merger of Parcel $1,500 deposit billed at Staff Hourly Billing Rate Application for Reversion to Acreage $1,500 deposit billed at Staff Hourly Billing Rate Modification of Approved – Application Review $2,500 Sign – Application Review Administrative Sign Review $300 Planning Commission Sign Review $1,800 Sound Wall – Application Review $1,000 Temporary Use – Application Review Planning Commission Approval $2,600 Administrative Review $425 Tentative Map Subdivision – Application Review Less Than 10 Lots $5,000 initial deposit 10 or More Lots $5,000 initial deposit plus $150 for each lot over 10 Subdivision Final Map $1,000 initial deposit Use Permit – Application Review $4,400 Planning Commission Review) Variance – Application Review $2,700 145 CITY OF SARATOGA USER FEE SCHEDULE ~ DEVELOPMENT FEES ~ FY 2008/09 13 ARBORIST SERVICES Arborist Staff Time Services are billed at staff’s hourly Billing Rate, plus costs if applicable Arborist Review Fee Deposits Initial deposit required as follows: 1–10 trees: $2,500; 11-20 trees: $3,500; 20-50 trees: $4,500; 50 or more trees: $5,500. Tree Appeal – Arborist Review $500 Tree Fines – Illegal Pruning, Encroachment, Per code section 15-50.170. Fine Damage, or Removal amount to be determined by arborist. ALL DEPOSITS ARE NON-INTEREST BEARING 146 CITY OF SARATOGA USER FEE SCHEDULE ~ BUILDING & INSPECTION FEES ~ FY 2008/09 14 BUILDING & INSPECTION PERMITS Building Permits (Based on Total Valuation) $1 to $2,000 $78 minimum $2,001 to $25,000 $78 for the first $2,000 plus $17.50 each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $490 for the first $25,000 plus $12.60 each additional $1,000 or fraction thereof, up to $50,000 $50,001 to $100,000 $805 for the first $50,000 plus $9.80 each additional $1,000 or fraction thereof, up to $100,000 $100,001 to $500,000 $1,242 for the first $100,000 plus $7 each additional $1,000 or fraction thereof, up to $500,000 $500,001 to $1,000,000 $4,042 for the first $500,000 plus $5.90 each additional $1,000 or fraction thereof, up to $1,000,000 $1,000,001 and up $7,010 for the first $1,000,000 plus $4.56 each additional $1,000 or fraction thereof Plan Check Fee 65% of the building permit fee Electrical Permits Single Family Dwelling $.10 /sq. ft. (min $78) Commercial/Professional $.10 /sq. ft. (min $78) Institutions, Multiple Residential $.10 /sq. ft. (min $78) Additions of More than 1,000 sq. ft. $.10 /sq. ft. (min $78) Additions of Less than 1,000 sq. ft. $78 Remodels, Residential $78 Remodels, Commercial $78 Swimming Pools, Spas, Hot Tubs with Pump/Heater $78 Miscellaneous Structures $78 Misc. Permits without Associated Building Permit $78 Plan Check Fee 25% of the building permit fee 147 CITY OF SARATOGA USER FEE SCHEDULE ~ BUILDING & INSPECTION FEES ~ FY 2008/09 15 Grading Permit Less than 100 Cubic Yards $500 Over 100 Cubic Yards $500 for the first 100 cubic yards plus $125 for each additional 100 cubic yards or fraction thereof Plan Check Fee $530 Heating and air conditioning permits New single family dwelling $.10 /sq. ft. (min $78) Commercial/Professional $.10 /sq. ft. (min $78) Institutions, Multiple Residential $.10 /sq. ft. (min $78) Additions Less than 2,500 sq. ft . $78 More than 2,500 sq. ft. $.10 /sq. ft. Remodels, Residential – no added sq. ft. $.10 /sq. ft. (min $78) Remodels, Commercial $.10 /sq. ft. (min $78) Miscellaneous Structures $78 Misc. permits w/o associated building permits $78 Plan Check Fee 25% of the building permit fee Plumbing Permits Water Heater Replacement $45 New Single Family Dwelling $.10 /sq. ft. (min $78) Commercial/Professional $.10 /sq. ft. (min $78) Institutions, Multiple Residential $.10 /sq. ft. (min $78) Additions of Less than 1,000 sq. ft. $78 Additions of More than 1,000 sq. ft. $.10 /sq. ft. Remodels, Residential – No Added sq. ft. $78 Remodels, Commercial $78 Swimming Pools, Spas, Hot Tubs with Pump/Heater $78 Miscellaneous Structures $78 Misc. Permits without associated building permits $78 Plan Check Fee 25% of the building permit fee 148 CITY OF SARATOGA USER FEE SCHEDULE ~ BUILDING & INSPECTION FEES ~ FY 2008/09 16 BUILDING & INSPECTION SERVICES Energy Calculation Review Addition to Residential Building $200 New Residential Structure $300/unit Addition to Non Residential Building $300 New Non Residential Structure $475 Application for Moving Permits $100 Other Inspection Fees Inspection Outside of Normal Business Hours $80 /hr minimum 1 hour Re-Inspection Fees Assessed Under Section 305(h) $80 /hr of the Uniform Administrative Code Inspections for Which No Fee is specifically $80 /hr minimum 1 hour Indicated Stockpiling Permit $300 BUILDING & INSPECTION TAXES Construction Tax $1.00 per square foot of floor area of any building or structure $ .40 per square foot of the area of any mobile home lot ADDITIONAL FEES In the event additional application processing services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Community Development Director. ALL DEPOSITS ARE NON-INTEREST BEARING 149 CITY OF SARATOGA USER FEE SCHEDULE ~ ENGINEERING FEES ~ FY 2008/09 17 ENGINEERING FEES Certificate of Compliance Administrative Fee $500 for engineering staff work, plus actual cost charged by the City’s Surveyor, plus a 25% surcharge for City’s indirect costs Deposit $2,500 Engineering Design & Administrative Review $1,000 per application for engineering staff work Geotechnical Review Administrative Fee $850 for engineering staff work, plus actual cost charged by the City’s Geotechnical Consultant, plus a 25% surcharge for City’s indirect costs. Deposit $3,500 ($2,500 for S zoned areas) for the first lot plus $500 each additional lot up to a maximum of $10,000 or a greater amount as determined by the Public Works Director. Improvement Plan Check Service Fee First $50,000 Estimated Construction Cost $5,000 minimum charge Over $50,000 Estimated Construction Cost $5,000 plus 5% of Estimated Construction Cost over $50,000 The Estimated Construction Cost shall be determined by the Public Works Director and shall be exclusive of the cost to construct public utility facilities where another public utility agency is collecting similar fees for such facilities 150 CITY OF SARATOGA USER FEE SCHEDULE ~ ENGINEERING FEES ~ FY 2008/09 18 Inspection Fees Two times the Improvement Plan For Subdivision & Building Site Improvements Check Fee Lot Line Adjustment Engineering Fees Administrative Fee $500 for the first lot plus $100 for each additional lot for engineering staff work, plus actual cost charged by the City’s Surveyor, plus a 25% surcharge for City’s indirect costs Deposit $2,500 for the first lot plus $500 for each additional lot Map Checking Fees For Parcel Maps, Reversion to Acreage, Amended Maps Administrative Fee $1,000 for the first lot plus $500 for each additional lot for engineering staff work, plus actual cost charged by the City’s Surveyor, plus a 25% surcharge for City’s indirect costs Deposit $2,500 for the first lot plus $500 for each additional lot Park Development Fee $20,700 [Formula: 1990 Census 2.76 per household * (5 acres/1000 resident * $1,500,000 acre)] Real Estate Open House Signs $50 /sign Road Impact Fees $.77 per $100 of building valuation Tentative Subdivision Map $2,500 for the first lot and $500 for each additional lot 151 CITY OF SARATOGA USER FEE SCHEDULE ~ ENGINEERING FEES ~ FY 2008/09 19 Traffic Review Fee Administrative Fee $500 review fee plus actual cost charged by the City Traffic Engineer plus 25% surcharge for City’s indirect costs Deposit $2,500 for standard projects, or greater amount for complex projects as determined by the Public Works Director ENGINEERING PERMITS Encroachment Permits Permit Application Fee $500 -for pipes, drains, conduits, utility service connections, routine O&M work by utility agencies, and permanent encroachments Major Repairs or Capital Improvements by $2,500 plus 1.5% of estimated Utility Agencies project valuation ADDITIONAL ENGINEERING SERVICE FEES In the event of map check, plan checking or inspection services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Public Works Director. ALL DEPOSITS ARE NON INTEREST BEARING 152 CITY OF SARATOGA USER FEE SCHEDULE ~ PARK & FACILITY RENTAL FEES ~ FY 2008/09 20 FACILITY RENTALS Facility Rental Discounts (one discount per rental): • Non-Profit Groups Receive 50% Discount • Residents Receive 10% Discount Rental Processing Fee -Non-Refundable $25 Civic Theater Surcharge $2 per ticket sold Rehearsals $150/day Informal Rehearsal $75/day Performances $350/day Move In /Move Out $75/day Technical and Staging $100/day Community Center Security Deposit $300 Multipurpose Room with Kitchen $120/hour Senior Center Room with Kitchen $110/hour Patio Room $55/hour Arts & Crafts Room $50/hour Dance Studio $50/hour Garden Patio $225/day North Campus Administration Building Rental Security Deposit $300 Administrative Building Large Room $100/hour Conference Room $40/hour Fellowship Hall Rental Security Deposit $500 Main Room Rental $120/hour Kitchen Rental $ 55/hour Warner Hutton House Security Deposit $300 House & Garden $115/hour 153 CITY OF SARATOGA USER FEE SCHEDULE ~ PARK & FACILITY RENTAL FEES ~ FY 2008/09 21 PARK RENTALS Resident Non-resident Azule Park Picnic Area with Barbeque $35/day $50/day Horseshoe Pit $5/hour $15/hour Bellgrove Park n/a n/a Beauchamps Park n/a n/a Brookglen Park n/a n/a Congress Springs Park Picnic Area with Barbeque $45/day $60/day El Quito Park Picnic Area with Barbeque (L) $45/day $60/day Picnic Area with Barbeque (S) $35/day $50/day Softball Diamond $25/hour $40/hour Horseshoe Pit $5/hour $15/hour Sand Volleyball Court $10/hour $15/hour Foothill Park n/a n/a Gardiner Park Picnic Area with Barbeque $35/day $50/day Heritage Orchard Park n/a n/a Historical Park n/a n/a Kevin Moran Park n/a n/a Ravenswood Park n/a n/a 154 CITY OF SARATOGA USER FEE SCHEDULE ~ PARK & FACILITY RENTAL FEES ~ FY 2008/09 22 Resident Non-resident Wildwood Park Picnic Area with Barbeque $45/day $60/day Stage $45/day $55/day Horseshoe Pit $5/hour $15/hour Sand Volleyball Court $10/hour $15/hour Fundraisers $500/day $600/day * Plus Park Attendant Fee If More Than 500 Persons or Vehicle Access required OTHER RENTAL FEES Banner Fees North Campus $300/week Blaney Plaza $300/week For Non-Profit Groups Advertising Events with Priority to Local Saratoga Organizations Community Garden Plot Rental Processing Fee $ 35/year Processing Fee w/Senior Discount (over 55) $ 25/year Annual Plot Rental $ 50 Annual Plot Rental (Seniors 55 and older) $ 35 Annual Water Fee $150 (Garden Plot rentals available to residents only) Park Attendant Fee $200 155 CITY OF SARATOGA USER FEE SCHEDULE ~ CODE REFERENCE ~ 23 CODE SECTION SUBJECT §9-55.060 Abandoned Vehicles §15-05.070 Annexation §15-90.030 Appeals -Planning §2-05.030 Appeals to City Council §15-05.070 Application for Approval of Accessory Structure §15-05.070 Application for Approval Satellite Dish Antenna §15-05.070 Application for Construction Trailer Permit §15-05.070 Application for Design Review and Administrative Review §15-05.070 Application for Election to Amend the General Plan §15-05.070 Application for Fencing Enclosure Exception Approval Permit §14-05.050 Application for Lot Line Adjustment §14-05.050 Application for Merger of Parcels §14-05.050 Application for Reversion To Acreage §15-05.070 Application for Sign Permit §15-05.070 Application for Sound Wall Permit §15-05.070 Application for Storage Permit §14-05.050 Application for Tentative Map Subdivision Approval §15-05.070 Application for Tree Removal §15-05.070 Application for Use Permit §15-05.070 Application for Variance §14-05.0550(b); b); §15-05.070 Arborist Review §16-05.030 Building Permits §4-05.130; §4-06.020-140 Business Licenses §4-10.020(c) Card Games Permit §14-05.050 Certificate of Compliance §00000000 City Attorney Hourly Billing Rate §4-06.080 Commercial Photography §00000000 Community Development Additional Fees §00000000 Community Development Staff Hourly Billing Rate §4-06.030 Contractors/Subcontractors §00000000 Document Storage Fee §16-05.030 Electrical Permits §10-20.080(a) Encroachments Permit §16-05.030 Energy Calculation Review Fees §14-05.050(a)(3); §15-05.070 Environmental Review §4-06.050 Escort Services or Bureaus §15-05.070 Extension of Approved Application §4-10.010(c) Fairs, Carnivals Permit §16-10 False Alarm §4.30.030(b); §4.30.060 Firearms Permit 156 CITY OF SARATOGA USER FEE SCHEDULE ~ CODE REFERENCE ~ 24 CODE SECTION SUBJECT §§7-05.200; §7-05.210 Garbage Disposal Charge §15-05.070 General Plan Amendment §15-05.070 General Plan Amendment Requiring Election §00000000 General Plan Maintenance §14-05.050(a)(5); §15-05.070 Geotechnical Review §16-05.030 Grading Permit §16-05.030 Grading Plan Check Fee §4-06.060 Handbill Distribution §16-05.030 Heating and Air Conditioning Permits §13-25.010 Heritage Preservation §4-06.070 Home Occupation §14-05.050(a)(6) Improvement Plan Check Fee §14-05.050(a)(7) Inspection Fee for Subdivision and Building Site Improvements §00000000 Landscape Bond Acceptance Fee §14-50.060 (c)(5) Lot Line Adjustment Engineering Fee §10-15.020(a) Major Repairs or Capital Improvements by Utility Agencies §14-05.050(a)(8) Map Checking Fee §4-55.050(c); §4-55.080(f)(1); §4-55.090(e) Massage Establishments Permit §15-05.070 Modification of Approved Application §4-60.050(b) Motion Picture Filming Permit §00000000 Noise Exception Permit §00000000 Notary Fee §00000000 Noticing Fee §16-05.030 Occupancy Inspections §15-05.070 Off-Site Improvement Review §9-45.040 Off-Street Vehicles §16-05.030 Other Inspection Fees §15-05.070 Other Special Reports or Studies §11-10.020(c) Park and Facility Rental §14-05.050(a)(10) Park Development Fee §4-50.030(b; §4-50.060 Peddlers and Solicitors Permit §10-15.020(a) Pipes, Drains and Conduits Permit §00000000 Plan Submittal orientation §00000000 Planning Process orientation Class §16-05.030 Plumbing Permits §4-20.040(b); §4-20.050; §4-20.090 Private Patrols Permit §4-06.130 Property Leasing, Residential §00000000 Provide Property Profile §4-15.040(b); §4-15.090(b) Public Dances Permit §00000000 Public Works Additional Fees §4-65.060; §4-65.030(5)(b) Recyclers Permit 157 CITY OF SARATOGA USER FEE SCHEDULE ~ CODE REFERENCE ~ 25 CODE SECTION SUBJECT §15-05.070 Request for Continuance §00000000 Research Fee §00000000 Return Check Fee §10-15.020(a) Routine O and M Work by Utility Agencies §4-35.040(b); §4-35.070 Secondhand Dealers Permit §00000000 Sign Retrieval Fee §10-10.030(c) Special Events Permit §00000000 Staff Review Codes Questions/Project Review §4-40.030(b) Taxicabs Permit §14-05.050(b) Traffic and Economic Studies §00000000 Tree Appeal Arborist Review §9-40.080(b) Trucks Permit §10-15.020(a) Utility Service Connections Permit §4-80.050(b) Valet Parking Permit §4-06.120 Vending Machines §00000000 Williamson Act Contract Cancellation §15-05.070 Zoning ordinance Amendment For detailed information on Municipal Code sections, log on to http://www.bpcnet.com/codes/saratoga/158 SARATOGA CITY COUNCIL MEETING DATE: May 7, 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 direct staff accordingly. BACKGROUND: During the February 2008 Council Retreat, the City Council discussed the possibility of developing an online community calendar to make it convenient for the public to find Saratoga events. Staff was directed to return to Council with additional information on online community calendars offered by the Saratoga Chamber of Commerce (Chamber) and Artsopolis. On April 2, 2008, staff reported to Council on the calendar options provided by the Chamber and Artsopolis. During the discussion, Council directed staff to come back with additional information on the approximate cost of providing a staff created and operated online calendar, to find out if KSAR would be able to create and maintain a community calendar, and to schedule the item for discussion at a later Council Meeting. Council directed staff to invite representatives from the Chamber, Artsopolis, and KSAR to attend the Council Meeting to present information about each of their respective calendar options. Chamber: Currently, the Chamber is posting items on its online calendar that have been submitted by community organizations in Saratoga. The public can access these events by visiting the Chamber’s website and clicking on the calendar link on the homepage. Community organizations can submit calendar items by sending event information to Elizabeth Johns, Office Manager for the Chamber. The Chamber has no cap on the number of events that can be posted on the community calendar and has been posting submitted events within one business day. The calendar is updated whenever new information is available and has received calendar items from the City of Saratoga, Saratoga Village Development Council, Rotary Club, the Saratoga Saratoga Historical Foundation, and the Soroptimists. This community calendar is being maintained at no cost to the City or to local organizations that have posted calendar events. Page 1 of 4 159 Artsopolis: Artsopolis is a regional 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. Should the City choose to use a calendar maintained by Artsopolis, the City’s calendar would be supplemented with calendar items that are submitted to the Artsopolis calendar and to the Silicon Valley Community Newspapers, KEZR, KBAY, and the San Jose Convention and Visitors Bureau calendars. Additionally, Saratoga events would be viewable on all of the calendars maintained by Artsopolis. Customers have the option to filter calendar content based on criteria such as event location, type, cost, organizer, and other similar event features. For example, the City would be able to limit events posted on the calendar to events only in Saratoga. 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. On average, it takes 48 hours for events to be displayed and Artsopolis guarantees it will take no longer than seven business days. KSAR: An informal proposal to host a community calendar has been provided to the City by KSAR Board Member Trish Cypher. While KSAR, Saratoga’s Community Access Channel, does not currently have an online calendar, the preliminary proposal suggests KSAR can create an online calendar for the community. The calendar, similar to the Chamber, would be accessible to the public on the KSAR website. Calendar items would be listed by date for the current month and include all important event details, such as: -Event title, date, and time -Event description and sponsor -Map to event location -Up to two links to organizer’s website, flyer or online ticketing/registration -One email address for event contact As with KSAR’s Community Bulletin Board, the informal proposal indicates that events for the calendar would be submitted by phone, fax, mail, or email. Most events are expected to be added to the calendar within a few days of being submitted, with a maximum of a one week lead time. According to the informal proposal, the cost of a calendar maintained by KSAR is expected to be $2,000 for set up and a monthly fee of $300 to post up to 20 events per month. The City could choose to allow more than 20 events per month for an additional $150 each month. Additionally, the City could pay an extra $150 per month to allow event sponsors to include their logo in a calendar posting (maximum of five sponsors per event). Page 2 of 4 160 The informal proposal recommends that the cost of the calendar be folded into the existing contract between the City and KSAR. Payment for the calendar would then be issued quarterly along with current payments for KSAR services. Additionally, the City would be required to place a link to the KSAR main page on the City website. More information about this preliminary proposal will be available after KSAR’s monthly board meeting in May. In-house Calendar Option: The Council may choose to direct staff to develop and manage an online community calendar on the City’s website. Staff anticipates that most events can be posted two to three business days after being submitted. The cost of a staff maintained community calendar is expected to range from $180 to $350 per month, depending on the number of events submitted for the community calendar. Staff is estimated to spend four to seven hours on calendar maintenance each month, depending on the amount of calendar submissions. The cost for staff to set up a calendar calendar varies based on the design. If Council would like the appearance of the community calendar to match that of the City Calendar currently used, the calendar would be set up by Redwood City staff that Saratoga contracts with for high level technical services. The cost of set up is estimated to cost $550 to $1000, which is based on Redwood City’s hourly rate of $123.69. Redwood City staff expects it may take four to eight hours to create a community calendar based on the existing calendar design. The cost of set up can be reduced to approximately $150-200 by using a simpler format, such as a chronological list of events. Many neighboring municipalities, including Campbell and Sunnyvale, use this format to list community events. Saratoga staff can create a list of events in three to four and half hours. Staff has been advised by the City Attorney that if Council decides to move forward with a staffmanaged calendar or calendar powered by Artsopolis or KSAR, a fair and objective policy must be developed to determine what may or may not be posted on the community calendar. This does not apply to the calendar hosted by the Chamber of Commerce, since the City does not regulate the content of the Chamber’s calendar or pay the Chamber to maintain a community calendar. DIRECTION REQUESTED: Staff is seeking further direction from the Council to determine if one or a combination of the four calendar options listed above should be implemented. FISCAL IMPACTS: There is no cost to the City or community partners for posting events on the Chamber online calendar. 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. Page 3 of 4 161 Page 4 of 4 An informal proposal from KSAR suggests that the cost for set up for an online calendar is $2,000 and maintenance is $300 per month. An additional $150 per month would be charged if the City would like to allow more than 20 events to be displayed each month. A community calendar maintained by City staff will cost approximately $180 to $350 per month, depending on the number of calendar submittals. The cost of set up is based on design and ranges from $150 to $1000. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will not move forward with community calendar options that require funding or with the development of a policy to regulate calendar content. ALTERNATIVE ACTION(S): The Council may direct staff to pursue one or more of the options identified above, or to pursue other online calendar options. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Matrix of community calendar options Attachment B: Saratoga Chamber of Commerce community calendar Attachment C: Mock up of Saratoga online community calendar powered by Artsopolis Attachment D: KSAR program schedule Attachment E: Existing City of Saratoga calendar Attachment F: City of Campbell events calendar 162 Community Calendar Comparison Chart Chamber of Commerce Artsopolis KSAR-Informal Proposal City of Saratoga Set up Cost $0 $417/month for first year $2,000 $550 to $1000 for layout similar to existing calendar $150 to $200 for chronological list similar to Campbell calendar Maintenance Cost $0 $292/month after the first year $300/month $180 -$350/month Optional Costs • $150/month for more than 20 events per month • $150/month to display event organizer logos with links Source of Content Emails to Chamber Submittals to Artsopolis, Artsopolis customer calendars, and Artsopolis Saratoga calendar Email, phone calls, fax to KSAR Email or fax calendar submittal form to City staff Events per Month Unlimited Unlimited 20 events/month Unlimited Turnaround Time 1 business day Average 48 hours, at the latest 7 business days 2-3 business days to 1 week 2-3 business days Time Calendar has been Active Active since late January/early February 2008 Active since 2000 Currently Inactive Currently Inactive Features • Easy to use calendar • Already being used by community groups • Access to large event database • Automated filter for submissions • Ease of use for registered event organizers • Link in calendar listing to additional information • Map to event • Greater exposure for Saratoga events • Link in calendar listing to additional information • Map to event • Ability to customize/personalize calendar layout Other • City must include link to Chamber website on City’s homepage • City would need to create policy to determine calendar content • City would include link to KSAR website on City’s homepage • City would add calendar to existing KSAR contract and include calendar payment in regular quarterly payment to KSAR • City would need to create policy to determine calendar content • City would need to create policy to determine calendar content 163 164 165 166 167 168 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DEPT HEAD: Assistant City Manager Crystal Morrow Administrative Analyst II SUBJECT: Proposed City-wide Garage Sale RECOMMENDED ACTIONS: Accept report and direct staff accordingly. REPORT SUMMARY: The idea of a City-wide garage sale was introduced at the City Council’s February 1, 2008 Retreat. Vice Mayor Page suggested the garage sale as a means to help build community and increase the rate of waste diversion from landfills. DISCUSSION: Staff researched garage sales and related events that are occurring in neighboring jurisdictions to identify some possible options including: 1. A one-day “No Registration” City-wide event • The City would establish the day/dates for the event • The City would advertise the event • Residents would individually decide whether they wanted to participate 2. A one or two day “Registration Required” City-wide event • The City City would establish the day/dates for the event • The City would advertise the event • Residents would be required to register with the City their intention to participate in the event (could be done through the Recreation Department’s on-line registration process) 3. A series of “No Registration” events held in coordination with West Valley Collection and Recycling’s (WVCR) Annual Cleanup Program, which is slated to begin July 14th • The City and WVCR would establish the dates for garage sales by neighborhood/area in conjunction with the dates WVCR would subsequently conduct the Annual Cleanup Program • The City would advertise the garage sale areas in coordination with the WVCR schedule • Residents would be required to register with the City their intention to participate in the event (could be done through the Recreation Department’s on-line registration process) 169 2 Neighboring jurisdictions will be conducting/have conducted garage sale-type events in 2008: Jurisdiction Date Event Parameters Campbell Oct. 11 • Registration required • City advertises the event • Addresses listed/mapped on City website • Local Kiwanis Club distributes maps/lists to local grocery stores, library, community center, etc. Cupertino Sept. 27/28 • Registration required • City advertises the event • Addresses listed/mapped on City website • Cannot post garage sale signs (against ordinance) • Encourage block/multi-family sales Gilroy Sept. 6/7 • Registration required • City advertises the event • City provides “Garage Sale Kit” Los Gatos/Monte Sereno/Nearby Unincorporated County May 17 • Registration required; includes check list of anticipated items for sale • City advertises the event including printed copies at grocery stores and municipal buildings and print advertising • Addresses listed/mapped on City website • City provides “Garage Sale Kit” Morgan Hill Sept. 13/14 • Registration required • City advertises the event • Addresses listed/mapped on City website • City provides “Garage Sale Kit” Mountain View May 3/4 • Registration required; includes check list of anticipated items for sale • City advertises the event including printed copies at local coffee houses and print advertising • Addresses listed/mapped on City website • Encourage block/multi-family sales • City provides “Garage Sale How To Tips” Mountain View – Community Yard Sale May 10 • Registration required • Held at Rengstorff Park • $15.00 per 10’ x 10’ space (limit of 2 spaces) Palo Alto Off year • Held every-other-year • Registration required; includes check list of anticipated items for sale • City partners with the Palo Alto Weekly – registration form is in the paper as well as advertising; ads also placed in other publications • City provides “Garage Sale Kit” 170 3 Jurisdiction Date Event Parameters Santa Clara Aug. 16 • No registration required • Maps and lists not published • “Garage Sale Tips” published in the City’s Summer 2008 “Inside Santa Clara” Saratoga – Prospect High School Flea Market March, April, May, Sept., Oct., Nov. • Flea Market • Next event: May 17, 2008 • Registration required • $15-20 per table; 100 tables available • Advertisement in the San Jose Mercury News Classifieds Sunnyvale April19 • Registration required • City advertises the event via print advertising • Addresses listed/mapped on City website • Encourage block/multi-family sales • City provides “Garage Sale How To Tips” FISCAL IMPACTS: The City of Cupertino budgeted $7,908.50 for costs related to its October 6 & 7, 2007 garage sale. The Town of Los Gatos budgeted $3,500 for costs related to its May 17, 2008 garage sale (including Monte Sereno). See Attachment “A” for Cupertino’s 2007 garage sale budget. Potential costs associated with a Saratoga garage sale may include: Advertising: San Jose Mercury News • Color Advertisement in the Eye (released once/week) ?? Full page: $900 ?? ½ page: $650 • Advertisement in Main or Local Section ?? Full page: $3695 ?? ½ page: $2191 ?? 3 column (about 5.4 in): $650 • Classified Ads – Garage Sale Announcement: ?? Runs 1-3 Days, minimum 3 lines: $18 ?? $3 for every extra line Saratoga News • Full page: $850 • ½ page: $450 • 3 column by 7 inch: $588 All 11 Silicon Valley Community Newspapers (almost all are weekly papers) • 3 column by 7 inch: $1092 171 4 Note: Other potential low/no cost venues for advertising include Craigslist (no charge), The Saratogan, the Recreation Activity Guide and garbage bill insert (depending upon dates chosen), the Chamber of Commerce monthly newsletter ($100 for a business card size ad and up to $1,000 for a full page.) and the Chamber and City websites. Other potential expenses: Staff time • Code Enforcement activity post-garage sale • Traffic management during garage sale • Registration through the Recreation Department • Compilation of addresses/mapping of locations • Updating website • Development & distribution of flyer or advertisements • Compilation of a garage sale kit Printing • Flyers, maps, registration forms REQUESTED DIRECTION: Staff is seeking Council direction on the following: 1. Whether to hold a garage sale event(s); 2. The parameters for the event(s) a. Number of days b. Proposed timeframe/date (See Attachment “B” -calendars for reference) c. Registration requirement or not d. Joint sponsorship with another another organization or not e. Fee for participation or not 3. Budget parameters for the event(s), including staff time ALTERNATIVE ACTIONS: The Council could choose another option, such as partnering with a neighboring jurisdiction or Prospect High School to co-sponsor an event. FOLLOW UP ACTIONS: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment “A” – Cupertino’s garage sale budget Attachment “B” – monthly calendars as reference for scheduling 172 5 Attachment “A” CUPERTINO’S 2007 CITYWIDE GARAGE SALE Date: October 6 & 7 ADVERTISING Outreach to get residents to have sales: • Courier Ads , date: 8/22, 8/29, 9/5 & 9/12--------------------------- ---------$ 1,072 • SJ Mercury, World Journal, Metro, Wave Press Release $ 0 • World Journal – Display Ads and Press Release 8/24 – 9/23 Thurs– Sun $ Free Website: Nidhi ------------------------------ ----------------------------------------$ 0.00 • Sept Scene lead article & picture on cover • Flyers in City Hall, Quinlan Center, Library, Senior Ctr. • Display in Quinlan Subtotal------------------ ---------------------------------------------------$1,072 Outreach to get shoppers to come to town for the sale: • SVCN Courier 9/19………………………………………………………….$268.00 • SVCN 12 Newspapers 9/26, ……..…………………………………………$1,506.00 • SVCN 12 Newspapers 10/3…………………………………………………$1,506.00 • Mercury News Eye (Thursday) 9/27, 10/4 ……………………………….$1,600.00 • World Journal – Display and Press Release 9/22 – 10/7……………………FREE • SJ Mercury Garage Sale Classifieds, 9/28 – 30 & 10/4 – 10/6----------------$ 57.00 • SF Chronicle Classifieds, 9/30 – 10/7 ------------------------------------ --------$394.00 • SF Examiner Classifieds, 10/3 -10/6------------------------------------------------$92.00 • 500 flyers in City Hall, Quinlan Center, Library, Senior Center ----------------Free • Press Releases and Calendar Announcements were sent to local papers-------Free Subtotal---------------------------------------------------------------------$5,423.36 Add Metro, Wave, World Journal Advertise in all (12) Silicon Valley Community Newspapers $1,506 Rose Garden Almaden Resident Campbell Reporter West San Jose Resident Cupertino Courier Winchester Resident Los Gatos Weekly Times Branham Resident Saratoga News Cambrian Resident Sunnyvale Sun Willow Glen Resident 173 6 POSTERS Retail • 15 17 x 24 posters & 20 8.5 x 11 color cardstock small posters printed @San Jose Blue--------------------------------------$ 336.44 Subtotal---------------------------------------- ------$ 336.44 banner Date Change • No fee since only dates were changed and not month------------------------------------$ 0 Subtotal----------------------------------------------------------------- ------------$0 MAIL OUT Registration Postcard • Printing cards, DeAnza College Shop, 428 cards----------------------------------$ 15.84 • Postcard postage: Postmaster –No Bulk Mailing ----------------------------------$ 0 Subtotal-----------------------------------------------------------------------$ 15.84 Kits • Envelopes for kits (500)------------------------------------------- ------------------------$ 0 • Postage ---------------------------------------------------------------------------------------$ 0 Subtotal-------------------------------------------------------------- -------$ 0 SALE LISTS List/Map • List & Map available online--------------------------------------------------------------$0 • Copies @City Hall, Library, Quinlan, Senior Ctr: ImageX (3000)----------$1,060.86 Subtotal---------------------------------------------------------------------$1,060.86 Subtotal-------------Outreach to get residents to have sales--------------$ 1,072 Subtotal-----Outreach to get shoppers to come to town for the sale-----$5,423.36 Subtotal----------------------------POSTERS--------------------------------$336.44 Subtotal--------------------- ------BANNER--------------------------------$ 0 Subtotal--------------------------POSTCARDS------------------------------$ 15.84 Subtotal-----------------------------KITS----------------------------- ----$ 0 Subtotal--------------------------SALE LISTS-----------------------------$1,060.86 Total-----------------------------------------------------------$7,908.50 174 175 176 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Business License Tax Compliance Audit RECOMMENDED ACTION: Review Muniservices LLC’s audit proposals to provide the City of Saratoga with a Local License Tax Compliance Program for business license discovery and audit services, and direct staff as to whether Council would like the City to enter into a contract with MuniServices LLC for a compliance audit. REPORT SUMMARY: The City’s municipal code establishes a requirement for the registration and licensing of businesses, and the payment of annual license fees to both ensure business regulation compliance, and taxation for the right to do business in the City. The code further establishes that the definition of a business includes retail, commercial or industrial enterprises, trade, profession, occupation, or any means of livelihood, whether or not carried on for gain or profit, either on a continuous or occasional basis (with numerous stated exemptions such as activities for religious and charitable purposes, banks, and minors earning under $4,000). It is a best practice for business licensing compliance purposes to undertake audits on a regular ongoing basis, however, staffing levels severely limits business license tax compliance audits within Finance and Administrative Services’ operations. The City currently licenses approximately 2,100 businesses per year, and given that a compliance audit has not been undertaken in some time, there is likely to be a good number of businesses in Saratoga operating without a City business license. MuniServices LLC firm (formerly MBIA) currently contracts with the City of Saratoga for Sales Tax audit services on a continuous recovery fee basis. As MuniServices provides comprehensive financial audit services for various taxing function such as business license compliance audits, and currently provides the City with an ongoing Sales Tax review, a sole source bid was requested from them. MuniServices has developed audit tools and the resources to undertake local tax audit work. This overlap of local tax knowledge is expected to result in a more thorough audit, which may also benefit the City’s Sales Tax revenues. The goal of the compliance program is to assist the City of Saratoga to apply the business license code to all members of Saratoga’s business community equitably, so that all businesses are registered and licensed as required, and comply with annual licensing fees. MuniServices’ discovery services will: • Establish a comprehensive inventory of the entities subject to taxation by City and facilitate a comparative analysis with the City’s records of those entities that are properly registered; 177 • Compare MuniServices records with City records to identify potential non-reporting and nonregistered entities subject to taxation; • For each unregistered or non-reporting entity identified and confirmed, assist the entity, as necessary, to complete the City’s applicable registration form(s) and determine the amount of tax due for current and prior/future periods (plus applicable interest and penalties, where appropriate); • Invoice entity (including supporting documentation) on behalf of City for the amount of identified deficiencies, with payment to be remitted to either the City or to MuniServices (tbd); • Establish a call center open during normal business hours to assist entities regarding questions concerning application of City’s taxes and entity’s reporting and remittance requirements; MuniServices has more than 20 years of experience in assisting local governments in collecting tax revenues, and understands the sensitivity required in approaching businesses under audit circumstances. Moreover, MuniServices will work in full and collaborative partnership with the City’s revenue staff to supplement the operations and procedures currently in place. MuniServices works to inform local businesses of accurate compliance with the Local Tax ordinance in a way that minimizes the burden of follow up for the City. In addition, the business owner is educated on the requirement of the ordinance to prevent future misapplication. FISCAL IMPACTS: MuniServices LLC has provided the City with contract proposals representing two different approaches: 1) a business license audit of the current and two prior tax years, and 2) a business license audit of the current and two future tax years. MuniServices provides all staffing and support for the audit, and is responsible for all costs incurred in the undertaking of the business license compliance audit and subsequent revenue collections. In the first proposal, Muniservices takes a 47% fee on the additional business license revenue and penalties generated from their audit of the current and two prior years. The City is required to pay a $10,000 minimum fee deposit, against which Muniservices initially applies their 47% fee against the deposit amount. In the second proposal, Muniservices takes a 47% fee on the additional business license revenues generated for the current and two future years. This proposal requires a $15,000 minimum fee deposit as any future year revenue generated by the audit is less certain. Businesses may close or leave Saratoga prior to the two future years. The proposal for the prior year audit will generate a greater amount of additional business license revenue as prior year’s revenues are based on proven business activity, from which the City would not collect revenue clearly owed to the City without an audit. Funding for the initial fee deposit for this three year service contract is appropriated in the FY 2007/08 Operating Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not undertake a business license audit, impacting ongoing ongoing revenues. FOLLOW UP ACTION: If Council approves of a contract proposal, City Manager will execute contract as directed by Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: None 178 SARATOGA CITY COUNCIL MEETING DATE: May 7, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Review the Retail Site Assessment Report from the Buxton Company RECOMMENDED ACTION: Direct Staff Accordingly. REPORT SUMMARY: At the City Council retreat on February 1st the Council requested that the proposal from the Buxton Company be agendized for discussion. At the City Council meeting March 5, 2008 the Council authorized the report. The completed Retail Site Assessment Report is attached. DISSCUSSION: The report provides the City with a pro-active approach to attract retailers and other services through customer analytics. This report provides a picture of the people who live in the community and identifies which type of retailers and services they use. The City of Saratoga could use the report to seek out retailers that provide those services and to help existing retailers focus on products or services our residents have been shown to purchase elsewhere. As an example, the attached report shows that there are potential sales from general merchandise products of $312,197,846 in the community and that current sales only capture $105,188,260 of the market. The report shows potential sales and actual sales indicating the amount of demand in the trade area. In many cases where the demand is high and the sales are low, it indicates an opportunity for a new business to come in and capture that business potential. Product categories where this occurs include optical goods and sporting goods. Areas where Saratoga is successfully attracting retail sales from outside Saratoga include food and beverage stores, and health and personal care stores. FISCAL IMPACTS: None Page 1 of 2 179 Page 2 of 2 FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: A. Retail Site Assessment Report from the Buxton Company 180 Retail Site Assessment April 2008 181 182 Table of Contents Summary.......................................................................................................................... 1 Saratoga’s Trade Area............................ ...................................................................... 2 Trade Area Analysis....................................................................................................... 3 Brief Segment Descriptions ......................................................................................... 5 Appendix A: Leakage Analysis Appendix B: Demographic Report Buxton CommunityID Staff Amy Wetzel, Vice President, Western Region, awetzel@buxtonco.com Philip Davis, Manager/Senior GIS Analyst, pdavis@buxtonco.com Amy Cain, GIS Analyst, acain@buxtonco.com All Buxton personnel may be reached by phone at 817.332.3681 183 184 1 Summary Buxton has reviewed the City of Saratoga on the basis of psychographic segmentation. This Retail Site Assessment booklet features maps of Saratoga’s trade area, as well as information about the lifestyles and spending habits of the households in that trade area. A review of segmentation for the city’s trade area shows that segment 7 (Money & Brains), segment 1 (Upper Crust), and segment 3 (Movers & Shakers) comprise a substantial portion of the dominant segment households found at the study site. Segment 2 (Blue Blood Estates), segment 4 (Young Digerati) and segment 9 (Big Fish, Small Pond) account for most of the remaining dominant segment households within the retail city’s trade area. 185 #$ "! 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Polaris Dr. Fort Worth, Texas 76137 tel: 817.332.3681 fax:817.332.3686 e-mail:buxton@buxtonco.com http://www.buxtonco.com Shopping Centers GLA in thousands 1000+ 500 to 1000 Data Sources: Claritas, Inc., Prizm®NE, 2008, 2008, InfoUSA, Inc., © 2008 , National Research Bureau, © 2008 , MediamarkResearch, Inc., © 2008 , Geographic Data Technology, Inc. © 2008 Saratoga, California: Overview City Limits N 0 0.5 1 Miles -Local Shopping Center 186 2 Saratoga’s Trade Area To more fully understand the buying habits and lifestyles of the households within the city, Buxton conducted the following analyses: • A seven-minute trade area was delineated • The customers in the trade area were segmented according to buying habits and lifestyles • A profile of Saratoga’s customers within the trade area was developed The purpose of these analyses is to develop Saratoga’s Customer Profile. The Customer Profile is a snapshot of the customers that reside in Saratoga’s trade area. Even though these consumers are complex and diverse, Buxton is able to capture and catalogue the extent to which potential demand for retailer’s goods and services are concentrated in the trade area. 187 $# "! #$ -----MMMooooooooonnnnnnnnnttttttttteeeeeeeee SSSSSSSSSeeeeeeeeerrrrrrrrreeeeeeeeennnnnnnnnooooooooo TTTTTTTTThhhhhhhhheeeeeeeee GGGaaaaaaaaattttttttteeeeeeeeewwwaaaaaaaaayyyyyyyyy PPPrrrrrrrrrooooooooossssssssspppppppppeeeeeeeeecccccccccttttttttt SSSSSSSSShhhhhhhhhoooooooooppppppppppppppppppiiiiiiiiinnnnnnnnnggggggggg AAArrrrrrrrreeeeeeeeeaaaaaaaaa CCCuuuuuuuuupppppppppeeeeeee errrrrrrrrtttttttttiiiiiiiiinnnnnnnnnooooooooo SSSSSSSSSaaaaaaaaarrrrrrrrraaaaaaaaatttttttttooooooooogggggggggaaaaaaaaa WWWEEEEEEEEESSSSSSSSSTTTTTTTTTGGGGGGGGGAAAAAAAAATTTTTTTTTEEEEEEEEE MMMMMMMMMAAAAAAAAALLLLLLLLLLLLLLLLLL VVVVVVVVVAAAAAAAAALLLLLLLLLLLLLLLLLLCCCCCCCCCOOOOOOOOO FFFFFFFFFAAAAAAAAASSSSSSSSSHHHHHHHHHIIIIIIIIIOOOOOOOOONNNNNNNNN PPPPPPPPPAAAAAAAAARRRRRRRRRKKKKKKKKK 17 85 9 TTTTTTTTThhhhhhhhheeeeeeeee VVViiiiiiiiillllllllllllllllllaaaaaaaaagggggggggeeeeeeeee AAArrrrrrrrrgggggggggooooooooonnnnnnnnnaaaaaaaaauuuuuuuuuttttttttt QQQuuuuuuuuuiiiiiiiiitttttttttoooooooo VVViiiiiiiiillllllllllllllllllaaaaaaaaagggggggggeeeeeeeee 2651 S. Polaris Dr. Fort Worth, Texas 76137 tel: 817.332.3681 fax:817.332.3686 e-mail:buxton@buxtonco.com http://www.buxtonco.com Shopping Centers GLA in thousands 1000+ 500 to 1000 Data Sources: Claritas, Inc., Prizm®NE, 2008 , InfoUSA, Inc., © 2008 , National Research Bureau, © 2008 , MediamarkResearch, Inc., © 2008 , Geographic Data Technology, Inc. © 2008 Saratoga, California: Trade Area N 7 Minute Drive Time 0 0.5 1 Miles -Local Shopping Center City Limits 188 3 Trade Area Analysis Drive-Time Trade Area The map on the opposite page depicts the trade area for the city. The trade area consists of a seven-minute polygon, determined by Buxton’s proprietary drive-time technology. Psychographics The psychographic profile of the households within a seven-minute drive-time of the city is presented below. Source: Claritas, Inc, PRIZM® NE, © 2008 Dominant Segments A segment that represents at least three percent of a trade area is a dominant segment. Following is a description of the dominant segments. Source: Claritas, Inc, PRIZM® NE, © 2008 Trade Area Segmentation Saratoga Trade Area 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 27% 24% 21% 18% 15% 12% 9% 6% 3% 0% Dominant Segments Description Households % of All Households 1 UPPER CRUST 4,396 21.21% 2 BLUE BLOOD ESTATES 2,231 10.76% 3 MOVERS & SHAKERS 3,228 15.57% 4 YOUNG DIGERATI 1,803 8.70% 6 WINNER'S CIRCLE 854 4.12% 7 MONEY & BRAINS 4,651 22.44% 9 BIG FISH, SMALL POND 634 3.06% 189 4 Trade Area Analysis (continued) Product Category The following table outlines the estimated dollar potential available in major retail categories by consumers located within the trade area: *GAFO refers to discount retailers that typically include the following departments: general merchandise; clothing and clothing accessories; furniture and home furnishings; electronics and appliances; sporting goods, hobby, books and music; and office supplies Source: Claritas, Inc, PRIZM® NE, © 2008 The following table presents the trade potential variables: Trade Potential Variables Trade Area Estimated Household Count 20,727 Number of Households in Dominant Segments 17,797 Traffic Count 95,000 Leakage/Surplus Total -$38,887,029 Source: Claritas, Inc, PRIZM® NE, © 2008 190 5 Brief Segment Descriptions 1 UPPER CRUST – The nation’s most exclusive address, Upper Crust is the wealthiest lifestyle in America—a haven for empty-nesting couples over 55 years old. No segment has a higher concentration of residents earning over $200,000 a year or possessing a postgraduate degree, and none has a more opulent standard of living. 2 BLUE BLOOD ESTATES – Blue Blood Estates is a family portrait of suburban wealth, a place of million-dollar homes and manicured lawns, high-end cars and exclusive private clubs. The nation’s second-wealthiest lifestyle, it is characterized by married couples with children, college degrees, a significant percentage of Asian Americans and sixfigure incomes earned by business executives, managers and professionals. 3 MOVERS & SHAKERS – Movers & Shakers is home to America’s up-and-coming business class: a wealthy suburban world of dual-income couples who are highly educated, typically between the ages of 35 and 54, often with children. Given its high percentage of executives and white-collar professionals, there is a decided business bent to this segment: Movers & Shakers rank number one for owning a small business and having a home office. 4 YOUNG DIGERATI – Young Digerati are the nation’s tech-savvy singles and couples living in fashionable neighborhoods on the urban fringe. Affluent, highly educated and ethnically mixed, Young Digerati communities are typically filled with trendy apartments and condos, fitness clubs and clothing boutiques, casual restaurants and all types of bars—from juice to coffee to microbrew. 5 COUNTRY SQUIRES – The wealthiest residents in exurban America live in Country Squires, an oasis for affluent Baby Boomers who have fled the city for the charms of small-town living. In their bucolic communities noted for their recently built homes on sprawling properties, the families of executives live in six-figure comfort. Country Squires enjoy country club sports like golf, tennis and swimming as well as skiing, boating and biking. 6 WINNER’S CIRCLE – Among the wealthy suburban lifestyles, Winner’s Circle is the youngest, a collection of mostly 25-to 34-year-old couples with large families in newmoney subdivisions. Surrounding their homes are the signs of upscale living: recreational parks, golf courses and upscale malls. With a median income of nearly $90,000, Winner’s Circle residents are big spenders who like to travel, ski, go out to eat, shop at clothing boutiques and take in a show. 7 MONEY & BRAINS – The residents of Money & Brains seem to have it all: high incomes, advanced degrees and sophisticated tastes to match their credentials. Many of these city dwellers—predominantly white with a high concentration of Asian Americans—are married couples with few children who live in fashionable homes on small, manicured lots. 191 6 Brief Segment Descriptions 8 EXECUTIVE SUITES – Executive Suites consists of upper-middle-class singles and couples typically living just beyond the nation’s beltways. Filled with significant numbers of Asian Americans and college graduates—both groups are represented at more than twice the national average—this segment is a haven for white-collar professionals drawn to comfortable homes and apartments within a manageable commute to downtown jobs, restaurants and entertainment. 9 BIG FISH, SMALL POND – Older, upper-class, college-educated professionals, the members of Big Fish, Small Pond are often among the leading citizens of their smalltown communities. These upscale, empty-nesting couples enjoy the trappings of success, belonging to country clubs, maintaining large investment portfolios and spending freely on computer technology. 10 SECOND CITY ELITE – There’s money to be found in the nation’s smaller cities, and you’re most likely to find it in Second City Elite. The residents of these satellite cities tend to be prosperous executives who decorate their $200,000 homes with multiple computers, large-screen TV sets and an impressive collection of wines. With more than half holding college degrees, Second City Elite residents enjoy cultural activities— from reading books to attending theater and dance productions. 11 GOD’S COUNTRY – When city dwellers and suburbanites began moving to the country in the 1970’s, God’s Country emerged as the most affluent of the nation’s exurban lifestyles. Today, wealthier communities exist in the hinterlands, but God’s Country remains a haven for upper-income couples in spacious homes. Typically college-educated Baby Boomers, these Americans try to maintain a balanced lifestyle between high-power jobs and laid-back leisure. 12 BRITE LITES, LI’L CITY – Not all of the America’s chic sophisticates live in major metros. Brite Lights, Li’l City is a group of well-off, middle-aged couples settled in the nation’s satellite cities. Residents of these typical double income, no kids households have college educations, well-paying business and professional careers and swank homes filled with the latest technology. 13 UPWARD BOUND – More than any other segment, Upward Bound appears to be the home of those legendary Soccer Moms and Dads. In these small satellite cities, upper-class families boast dual incomes, college degrees and new split-levels and colonials. Residents of Upward Bound tend to be kid-obsessed, with heavy purchases of computers, action figures, dolls, board games, bicycles and camping equipment. 14 NEW EMPTY NESTS – With their grown-up children recently out of the house, New Empty Nests is composed of upscale older Americans who pursue active—and activist— lifestyles. Nearly three-quarters of residents are over 65 years old, but they show no interest in a rest-home retirement. This is the top-ranked segment for allinclusive travel packages; the favorite destination is Italy. 192 7 Brief Segment Descriptions 15 POOLS & PATIOS – Formed during the postwar Baby Boom, Pools & Patios has evolved from a segment of young suburban families to one for mature, empty-nesting couples. In these stable neighborhoods graced with backyard pools and patios—the highest proportion of homes were built in the 1960’s—residents work as white-collar managers and professionals, and are now at the top of their careers. 16 BOHEMIAN MIX – A collection of young, mobile urbanites, Bohemian Mix represents the nation’s most liberal lifestyles. Its residents are a progressive mix of young singles and couples, students and professionals, Hispanics, Asians, African-Americans and whites. In their funky row houses and apartments, Bohemian Mixers are the early adopters who are quick to check out the latest movie, nightclub, laptop and microbrew. 17 BELTWAY BOOMERS – The members of the postwar Baby Boom are all grown up. Today, these Americans are in their forties and fifties, and one segment of this huge cohort—college-educated, upper-middle-class and home-owning—is found in Beltway Boomers. Like many of their peers who married late, these Boomers are still raising children in comfortable suburban subdivisions, and they’re pursuing kid-centered lifestyles. 18 KIDS & CUL-DE-SACS – Upscale, suburban, married couples with children is the description of Kids & Cul-de-Sacs, an enviable lifestyle of large families in recently built subdivisions. With a high rate of Hispanic and Asian Americans, this segment is a refuge for college-educated, white-collar professionals with administrative jobs and upper-middle-class incomes. Their nexus of education, affluence and children translates into large outlays for child-centered products and services. 19 HOME SWEET HOME – Widely scattered across the nation’s suburbs, the residents of Home Sweet Home tend to be upper-middle-class married couples living in midsized homes with few children. The adults in the segment, mostly between the ages of 25 and 54, have gone to college and hold professional and white-collar jobs. With their upscale incomes and small families, these folks have fashioned comfortable lifestyles, filling their homes with toys, TV sets and pets. 20 FAST-TRACK FAMILIES – With their upper-middle-class incomes, numerous children and spacious homes, Fast-Track Families are in their prime acquisition years. These middle-aged parents have the disposable income and educated sensibility to want the best for their children. They buy the latest technology with impunity: new computers, DVD players, home theater systems and video games. They take advantage of their rustic locales by camping, boating and fishing. 193 8 Brief Segment Descriptions 21 GRAY POWER – The steady rise of older, healthier Americans over the past decade has produced one important by-product: middle-class, home-owning suburbanites who are aging in place rather than moving to retirement communities. A segment of older, mid-scale singles and couples who live in quiet comfort, Gray Power reflects this trend. 22 YOUNG INFLUENTIALS – Once known as the home of the nation’s yuppies, Young Influentials reflects the fading glow of acquisitive yuppiedom. Today, the segment is a common address for young, middle-class singles and couples who are more preoccupied with balancing work and leisure pursuits. Having recently left college dorms, they now live in apartment complexes surrounded by ball fields, health clubs and casual-dining restaurants. 23 GREENBELT SPORTS – A segment of middle-class exurban couples, Greenbelt Sports is known for its active lifestyle. Most of these middle-aged residents are married, college-educated and own new homes; about a third have children. And few segments have higher rates for pursuing outdoor activities such as skiing, canoeing, backpacking, boating and mountain biking. 24 UP-AND-COMERS – Up-and-Comers is a stopover for young, mid-scale singles before they marry, have families and establish more deskbound lifestyles. Found in second-tier cities, these mobile twenty-somethings include a disproportionate number of recent college graduates who are into athletic activities, the latest technology and nightlife entertainment. 25 COUNTRY CASUALS – There’s a laid-back atmosphere in Country Casuals, a collection of middle-aged, upper-middle-class households that have started to emptynest. Workers here—and most households boast two earners—have well-paying blue-or white-collar jobs, or own small businesses. Today these Baby-Boom couples have the disposable income to enjoy traveling, owning timeshares and going out to eat. 26 THE COSMOPOLITANS – Educated, mid-scale and multi-ethnic, The Cosmopolitans are urbane couples in America’s fast-growing cities. Concentrated in a handful of metros—such as Las Vegas, Miami and Albuquerque—these households feature older home-owners, empty-nesters and college graduates. A vibrant social scene surrounds their older homes and apartments, and residents love the nightlife and enjoy leisureintensive lifestyles. 27 MIDDLEBURG MANAGERS – Middleburg Managers arose when empty-nesters settled in satellite communities which offered a lower cost of living and more relaxed pace. Today segment residents tend to be middle-class and over 55 years old with solid managerial jobs and comfortable retirements. In their older homes, they enjoy reading, playing musical instruments, indoor gardening and refinishing furniture. 194 9 Brief Segment Descriptions 28 TRADITIONAL TIMES – Traditional Times is the kind of lifestyle where small-town couples nearing retirement are beginning to enjoy their first empty-nest years. Typically in their fifties and sixties, these middle-class Americans pursue a kind of granola-and-grits lifestyle. On their coffee tables are magazines with titles ranging from Country Living and Country Home to Gourmet and Forbes. But they’re big travelers, especially in recreational vehicles and campers. 29 AMERICAN DREAMS – American Dreams is a living example of how ethnically diverse the nation has become: more than half the residents are Hispanic, Asian or African-American. In these multilingual neighborhoods—one in ten residents speaks a language other than English—middle-aged immigrants and their children live in middleclass comfort. 30 SUBURBAN SPRAWL – Suburban Sprawl is an unusual American lifestyle: a collection of mid-scale, middle-aged singles and couples living in the heart of suburbia. Typically members of the Baby Boom generation, they hold decent jobs, own older homes and condos, and pursue conservative versions of the American Dream. Among their favorite activities are jogging on treadmills, playing trivia games and renting videos. 31 URBAN ACHIEVERS – Concentrated in the nation’s port cities, Urban Achievers is often the first stop for up-and-coming immigrants from Asia, South America and Europe. These young singles and couples are typically college-educated and ethnically diverse: about a third are foreign-born, and even more speak a language other than English. 32 NEW HOMESTEADERS – Young, middle-class families seeking to escape suburban sprawl find refuge in New Homesteaders, a collection of small rustic townships filled with new ranches and Cape Cods. With decent-paying jobs in white-collar and service industries, these dual-income couples have fashioned comfortable, child-centered lifestyles, their driveways filled with campers and powerboats, their family rooms with PlayStations and Game Boys. 33 BIG SKY FAMILIES – Scattered in placid towns across the American heartland, Big Sky Families is a segment of young rural families who have turned high school educations and blue-collar jobs into busy, middle-class lifestyles. Residents like to play baseball, basketball and volleyball in addition to going fishing, hunting and horseback riding. To entertain their sprawling families, they buy virtually every piece of sporting equipment on the market. 34 WHITE PICKET FENCES – Midpoint on the socioeconomic ladder, residents in White Picket Fences look a lot like the stereotypical American household of a generation ago: young, middle-class, married with children. But the current version is characterized by modest homes and ethnic diversity—including a disproportionate number of Hispanics and African-Americans. 195 10 Brief Segment Descriptions 35 BOOMTOWN SINGLES – Affordable housing, abundant entry-level jobs and a thriving singles scene— all have given rise to the Boomtown Singles segment in fast-growing satellite cities. Young, single and working-class, these residents pursue active lifestyles amid sprawling apartment complexes, bars, convenience stores and laundromats. 36 BLUE-CHIP BLUES – Blue-Chip Blues is known as a comfortable lifestyle for young, sprawling families with well-paying blue-collar jobs. Ethnically diverse—with a significant presence of Hispanics and African-Americans—the segment’s aging neighborhoods feature compact, modestly priced homes surrounded by commercial centers that cater to child-filled households. 37 MAYBERRY-VILLE – Like the old Andy Griffith Show set in a quaint picturesque berg, Mayberry-ville harks back to an old-fashioned way of life. In these small towns, middle-class couples and families like to fish and hunt during the day, and stay home and watch TV at night. With lucrative blue-collar jobs and moderately priced housing, residents use their discretionary cash to purchase boats, campers, motorcycles and pickup trucks. 38 SIMPLE PLEASURES – With more than two-thirds of its residents over 65 years old, Simple Pleasures is mostly a retirement lifestyle: a neighborhood of lower-middle-class singles and couples living in modestly priced homes. Many are high school-educated seniors who held blue-collar jobs before their retirement, and a disproportionate number served in the military; no segment has more members of veterans clubs. 39 DOMESTIC DUOS – Domestic Duos represents a middle-class mix of mainly over-55 singles and married couples living in older suburban homes. With their high-school educations and fixed incomes, segment residents maintain an easy-going lifestyle. Residents like to socialize by going bowling, seeing a play, meeting at the local fraternal order or going out to eat. 40 CLOSE-IN COUPLES – Close-In Couples is a group of predominantly African-American couples living in older homes in the urban neighborhoods of mid-sized metros. High school educated and empty nesting, these 55-year-old-plus residents typically live in older city neighborhoods, enjoying secure and comfortable retirements. 41 SUNSET CITY BLUES – Scattered throughout the older neighborhoods of small cities, Sunset City Blues is a segment of lower-middle-class singles and couples who have retired or are getting close to retirement. These empty-nesters tend to own their homes but have modest educations and incomes. They maintain a low-key lifestyle filled with newspapers and television by day, and family-style restaurants at night. 196 11 Brief Segment Descriptions 42 RED, WHITE & BLUES – The residents of Red, White & Blues typically live in exurban towns rapidly morphing into bedroom suburbs. Their streets feature new fast-food restaurants, and locals have recently celebrated the arrival of chains like Wal-Mart, Radio Shack and Payless Shoes. Middle-aged, high school educated and lower-middle class, these folks tend to have solid, blue-collar jobs in manufacturing, milling and construction. 43 HEARTLANDERS – America was once a land of small middle-class towns, which can still be found today among Heartlanders. This widespread segment consists of middleaged couples with working-class jobs living in sturdy, unpretentious homes. In these communities of small families and empty-nesting couples, Heartlanders pursue a rustic lifestyle where hunting and fishing remain prime leisure activities along with cooking, sewing, camping and boating. 44 NEW BEGINNINGS – Filled with young, single adults, New Beginnings is a magnet for adults in transition. Many of its residents are twenty-something singles and couples just starting out on their career paths—or starting over after recent divorces or company transfers. Ethnically diverse—with nearly half its residents Hispanic, Asian or African-American—New Beginnings households tend to have the modest living standards typical of transient apartment dwellers. 45 BLUE HIGHWAYS – On maps, blue highways are often two-lane roads that wind through remote stretches of the American landscape. Among lifestyles, Blue Highways is the standout for lower-middle-class couples and families who live in isolated towns and farmsteads. Here, Boomer men like to hunt and fish; the women enjoy sewing and crafts, and everyone looks forward to going out to a country music concert. 46 OLD GLORIES – Old Glories are the nation’s downscale suburban retirees, Americans aging in place in older apartment complexes. These racially mixed households often contain widows and widowers living on fixed incomes, and they tend to lead home-centered centered lifestyles. They’re among the nation’s most ardent television fans, watching game shows, soaps, talk shows and newsmagazines at high rates. 47 CITY STARTUPS – In City Startups, young, multi-ethnic singles have settled in neighborhoods filled with cheap apartments and a commercial base of cafés, bars, laundromats and clubs that cater to twenty-somethings. One of the youngest segments in America—with ten times as many college students as the national average—these neighborhoods feature low incomes and high concentrations of Hispanics and African-Americans. 197 12 Brief Segment Descriptions 48 YOUNG & RUSTIC – Like the soap opera that inspired its nickname, Young & Rustic is composed of young, restless singles. Unlike the glitzy soap denizens, however, these folks tend to be lower income, high school-educated and live in tiny apartments in the nation’s exurban towns. With their service industry jobs and modest incomes, these folks still try to fashion fast-paced lifestyles centered on sports, cars and dating. 49 AMERICAN CLASSICS – They may be older, lower-middle class and retired, but the residents of American Classics are still living the American Dream of home ownership. Few segments rank higher in their percentage of home owners, and that fact alone reflects a more comfortable lifestyle for these predominantly white singles and couples with deep ties to their neighborhoods. 50 KID COUNTRY, USA – Widely scattered throughout the nation’s heartland, Kid Country, USA is a segment dominated by large families living in small towns. Predominantly white with an above-average concentration of Hispanics, these young working-class households include homeowners, renters and military personnel living in base housing; about 20 percent of residents own mobile homes. 51 SHOTGUNS & PICKUPS – The segment known as Shotguns & Pickups came by its moniker honestly: it scores near the top of all lifestyles for owning hunting rifles and pickup trucks. These Americans tend to be young, working-class couples with large families—more than half have two or more kids—living in small homes and manufactured housing. Nearly a third of residents live in mobile homes, more than any other segment. 52 SUBURBAN PIONEERS – Suburban Pioneers represents one of the nation’s eclectic lifestyles, a mix of young singles, recently divorced and single parents who have moved into older, inner-ring suburbs. They live in aging homes and garden-style apartment buildings where the jobs are blue-collar and the money is tight. What unites these residents—a diverse mix of whites, Hispanics and African-Americans—is a a workingclass sensibility and an appreciation for their off-the-beaten-track neighborhoods. 53 MOBILITY BLUES – Young singles and single parents make their way to Mobility Blues, a segment of working-class neighborhoods in America’s satellite cities. Racially mixed and under 25 years old, these transient Americans tend to have modest lifestyles due to their lower-income blue-collar jobs. Surveys show they excel in going to movies, playing basketball and shooting pool. 54 MULTI-CULTI MOSAIC – An immigrant gateway community, Multi-Culti Mosaic is the urban home for a mixed populace of younger Hispanic, Asian and African-American singles and families. With nearly a quarter of the residents foreign born, this segment is a Mecca for first-generation Americans who are striving to improve their lowermiddle-class status. 198 13 Brief Segment Descriptions 55 GOLDEN PONDS – Golden Ponds is mostly a retirement lifestyle, dominated by downscale singles and couples over 65 years old. Found in small bucolic towns around the country, these high school-educated seniors live in small apartments on less than $25,000 a year; one in five resides in a nursing home. For these elderly residents, daily life is often a succession of sedentary activities such as reading, watching TV, playing bingo and doing craft projects. 56 CROSSROADS VILLAGERS – With a population of middle-aged, blue-collar couples and families, Crossroads Villagers is a classic rural lifestyle. Residents are high schooleducated with lower-middle incomes and modest housing; one-quarter live in mobile homes. There’s an air of self-reliance in these households as Crossroads Villagers help put food on the table through fishing, gardening and hunting. 57 OLD MILLTOWNS – America’s once-thriving mining and manufacturing towns have aged—as have the residents in Old Milltowns communities. Today, the majority of residents are retired singles and couples living on downscale incomes in pre-1960 homes and apartments. For leisure they enjoy gardening, sewing, socializing at veterans clubs or eating out at casual restaurants. 58 BACK COUNTRY FOLKS – Strewn among remote farm communities across the nation, Back Country Folks are a long way away from economic paradise. The residents tend to be poor, over 55 years old and living in older, modest-sized homes and manufactured housing. Typically, life in this segment is a throwback to an earlier era when farming dominated the American landscape. 59 URBAN ELDERS – For Urban Elders—a segment located in the downtown neighborhoods of such metros as New York, Chicago, Las Vegas and Miami—life is often an economic struggle. These communities have high concentrations of Hispanics and African-Americans and tend to be downscale, with singles living in older apartment rentals. 60 PARK BENCH SENIORS – Park Bench Seniors are typically retired singles living in the racially mixed neighborhoods of the nation’s satellite cities. With modest educations and incomes, these residents maintain low-key, sedentary lifestyles. Theirs is one of the top-ranked segments for TV viewing, especially daytime soaps and game shows. 61 CITY ROOTS – Found in urban neighborhoods, City Roots is a segment of lowerincome retirees, typically living in older homes and duplexes they’ve owned for years. In these ethnically diverse neighborhoods—more than a third are African-American and Hispanic—residents are often widows and widowers living on fixed incomes and maintaining low-key lifestyles. 199 14 Brief Segment Descriptions 62 HOMETOWN RETIRED – With three-quarters of all residents over 65 years old, Hometown Retired is one of the oldest segments. These racially mixed seniors tend to live in aging homes—half were built before 1958—and typically get by on social security and modest pensions. Because most never made it beyond high school and spent their working lives at blue-collar jobs, their retirements are extremely modest. 63 FAMILY THRIFTS – The small-city cousins of inner-city districts, Family Thrifts contain young, ethnically diverse parents who have lots of children and work entry-level service jobs. In these apartment-filled neighborhoods, visitors find the streets jampacked with babies and toddlers, tricycles and basketball hoops, Daewoos and Hyundais. 64 BEDROCK AMERICA – Bedrock America consists of young, economically challenged families in small, isolated towns located throughout the nation’s heartland. With modest educations, sprawling families and blue-collar jobs, many of these residents struggle to make ends meet. One quarter live in mobile homes. One in three has not finished high school. Rich in scenery, Bedrock America is a haven for fishing, hunting, hiking and camping. 65 BIG CITY BLUES – With a population that’s half Latino, Big City Blues has the highest concentration of Hispanic Americans in the nation, but it’s also the multi-ethnic address for downscale Asian and African-American households occupying older innercity apartments. Concentrated in a handful of major metros, these young singles and single-parent families face enormous challenges: low incomes, uncertain jobs and modest educations. More than 40% haven’t finished high school. 66 LOW-RISE LIVING – The most economically challenged urban segment, Low-Rise Living is known as a transient world for young, ethnically diverse singles and single parents. Home values are low—about half the national average—and even then, less than a quarter of residents can afford to own real estate. Buxton utilizes the Claritas® PRIZM®NE segmentation system in this analysis. PRIZM®NE and Claritas® are registered trademarks of Claritas Inc. The PRIZM segment nicknames (e.g., “Blue Blood Estates,” Big Sky Families,” “Country Squires”) are trademarks of Claritas Inc. 200 Appendix A: Leakage Analysis 201 202 Retail Leakage and Surplus Analysis The Retail Leakage and Surplus Analysis examines the quantitative aspect of the community's retail opportunities. It is a guide to understanding retail opportunities but it is not an analysis that indicates unconditional opportunities. The analysis is sometimes called "a gap analysis" or "a supply and demand analysis" and can aid in the following: ·Indicating how well the retail needs of local residents are being met ·Uncovering unmet demand and possible opportunities ·Understanding the strengths and weaknesses of the local retail sector ·Measuring the difference between actual and potential retail sales Understanding Retail Leakage Retail leakage means that residents are spending more for products than local businesses capture. Retail sales leakage suggests that there is unmet demand in the trade area and that the community can support additional store space for that type of business. However, retail leakage does not necessarily translate into opportunity. For example, there could be a strong competitor in a neighboring community that dominates the market for that type of product or store. Understanding Retail Surplus A retail surplus means that the community's trade area is capturing the local market plus attracting non-local shoppers. A retail surplus does not necessarily mean that the community cannot support additional business. Many communities have developed strong clusters of stores that have broad geographic appeal. Examples of these types of retailers include: sporting goods stores, home furnishing stores, restaurants, and other specialty operations that become destination retailers and draw customers from outside the trade area. Examining the quantitative aspects (Leakage/Surplus) is only part of the evaluation of community's retail opportunities. Before any conclusions can be drawn about potential business expansion or recruitment opportunities, qualitative considerations such as trade area psychographics and buying habits must be analyzed in context of other market factors. 203 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Leakage/Surplus Index by Product The Leakage/Surplus Index provides a relative comparison of the supply and demand across retail product categories. It is calculated by dividing actual sales by potential sales. An index greater than 1.0 means that the community is attracting retail sales (surplus) from outside the trade area. If the index is less than 1.0 it means that out-shopping is taking place and the community is not successfully drawing its own residents. Leakage/Surplus Index (Figure 1) shows the strengths and weaknesses of a community's retail market by product. Figure 1. Leakage/Surplus Index by Product 204 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes The sales potential and the actual sales potential by product category and the resulting index are shown in Figure 2. Figure 2. Sales Potential and Actual Sales by Product Product Type Potential Actual Sales Leakage/Surplus Index Groceries and Other Foods 301,661,650 258,490,875 0.9 Meals and Snacks 248,237,997 198,374,140 0.8 Alcoholic Drinks 30,229,551 17,339,268 0.6 Packaged Liquor/Wine/Beer 41,045,045 19,651,407 0.5 Cigars, Cigarettes, and Tobacco & Smokers Accessories 12,139,299 16,933,284 1.4 Drugs, Health Aids, and Beauty Aids 135,572,321 140,012,169 1.0 Soaps, Detergents, and Household Cleaners 14,273,734 12,377,867 0.9 Paper and Related Products 15,220,884 11,182,341 0.7 Mens Wear 56,964,025 41,764,763 0.7 Womens, Juniors, and Misses Wear 112,275,929 73,484,522 0.7 Childrens Wear 21,967,234 17,379,837 0.8 Footwear 39,372,186 22,573,805 0.6 Sewing, Knitting, and Needlework Goods 4,637,005 4,242,435 0.9 Curtains, Draperies, Blinds, Slipcovers etc. 22,478,896 12,457,193 0.6 Major Household Appliances 19,313,693 12,205,313 0.6 Small Electric Appliances 7,409,697 3,451,630 0.5 Televisions, Video Recorders, Video Cameras 20,049,545 10,308,018 0.5 Audio Equipment, Musical Instruments, and Supplies 32,388,977 14,678,077 0.5 Furniture and Sleep Equipment 57,550,536 38,565,753 0.7 Flooring & Floor Coverings 24,859,702 19,715,032 0.8 Computer Hardware, Software and Supplies 68,415,265 68,507,384 1.0 Kitchenware and Home furnishings 46,583,797 23,535,345 0.5 Jewelry 51,250,194 25,252,078 0.5 Books 21,391,456 15,497,755 0.7 Photographic Equipment & Supplies 7,119,670 5,052,245 0.7 Toys, Hobby Goods, and Games 22,837,431 15,620,798 0.7 Optical Goods 6,451,990 1,516,445 0.2 Sporting Goods 44,367,296 17,298,410 0.4 Hardware Tools, and Plumbing and Electrical Supplies 152,090,623 98,212,424 0.6 Lumber and Building Materials 130,472,017 59,268,632 0.5 Paint and Sundries 23,027,284 22,677,014 1.0 Cars, Trucks, and Other Powered Transportation 336,263,710 42,317,248 0.1 Automotive Fuels 167,609,661 62,108,819 0.4 Automotive Lubricants 68,315,547 17,905,239 0.3 Pets, Pet Foods, and Pet Supplies 10,272,089 8,226,927 0.8 All Other Merchandise 91,122,518 52,235,489 0.6 205 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Leakage/Surplus Index by Major Store Type The quantitative comparison of retail leakage and surplus in the twelve major store types shown in the chart and table below provides an initial measure of market opportunities. Combining this analysis with the knowledge of the local retail situation will take the process of identifying retail possibilities one step further. Figure 3 provides the leakage/surplus indices and following is the sales potential and actual sales for major store types. Figure 3. Leakage/Surplus Index and Actual and Potential Sales by Major Store Types Store Type Potential Actual Sales Leakage/Surplus Index Motor Vehicle & Parts Dealers 432,438,324 52,812,541 0.12 Furniture & Home Furnishings Stores 85,795,390 67,813,384 0.79 Electronics & Appliances Stores 68,008,429 69,429,239 1.02 Building Material & Garden Equipment & Supply Dealers 284,746,998 174,689,271 0.61 Food & Beverage Stores 259,845,772 313,131,595 1.21 Health & Personal Care Stores 106,892,769 115,994,037 1.09 Clothing & Clothing Accessories Stores 147,253,261 123,365,792 0.84 Sporting Goods, Hobby, Book, & Music Stores 57,436,790 49,213,885 0.86 General Merchandise Stores 312,197,846 105,188,260 0.34 Miscellaneous Store Retailers 71,693,321 42,761,711 0.60 Foodservice & Drinking Places 257,365,027 208,828,773 0.81 GAFO 701,082,741 431,502,347 0.62 Total Retail Sales (Including Food Service & Drinking Places) 2,465,238,447 1,480,420,020 0.60 * GAFO refers to discount retailers that typically include the following departments: general merchandise; clothing and clothing accessories; furniture and home furnishings; electronics and appliances; sporting goods, hobby, books and music; and office supplies. 206 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Leakage/Surplus Analysis by Sub-Categories of Major Retail Types Additional leakage/surplus details are provided on subcategories of stores in each of the twelve major store types. These details can help further identity possible business expansion opportunities. Motor Vehicle and Parts Dealers Potential Actual Sales Leakage/Surplus Index Automotive Dealers 368,825,583 45,878,518 0.12 Other Motor Vehicle Dealers 30,494,165 961,334 0.03 Automotive Parts, Accessories, & Tire Stores 33,118,575 5,972,689 0.18 Motor Vehicle & Parts Dealers 432,438,324 52,812,541 0.12 207 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Electronics and Appliance Stores Potential Actual Sales Leakage/Surplus Index Household Appliances Stores 10,443,494 7,055,134 0.68 Radio Television and Other Electronics Stores 40,984,872 16,964,636 0.41 Appliance, Television, and Other Electronics Stores 51,428,367 24,019,771 0.47 Computer and Software Stores 13,905,649 41,676,769 3.00 Camera & Photographic Equipment Stores 2,674,412 3,732,697 1.40 Electronics & Appliances Stores 68,008,429 69,429,239 1.02 208 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Furniture and Home Furnishings Stores Potential Actual Sales Leakage/Surplus Index Furniture Stores 46,198,341 34,799,302 0.75 Home Furnishing Stores 39,597,049 33,014,082 0.83 Furniture & Home Furnishings Stores 85,795,390 67,813,384 0.79 209 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Building Material, Garden Equipment and Supply Dealers Potential Actual Sales Leakage/Surplus Index Home Centers 98,835,344 77,750,555 0.79 Paint and Wallpaper Stores 7,683,262 14,728,437 1.92 Hardware Stores 20,450,532 11,270,217 0.55 Building Materials, Lumberyards 46,289,904 15,173,362 0.33 Other Building Materials Dealers 131,865,608 44,495,230 0.34 Building Material & Supply Dealers 258,834,747 148,244,439 0.57 Outdoor Power Equipment Stores 3,655,492 3,089,895 0.85 Nursery and Garden Centers 22,256,758 23,354,936 1.05 Lawn and Garden Equipment and Supplies Stores 25,912,250 26,444,831 1.02 Building Material & Garden Equipment & Supply Dealers 284,746,998 174,689,271 0.61 210 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Food and Beverage Stores Potential Actual Sales Leakage/Surplus Index Supermarkets and Other Grocery (except Convenience) Stores 223,335,075 296,519,665 1.33 Convenience Stores 10,641,534 3,940,660 0.37 Grocery Stores 233,976,609 300,460,325 1.28 Specialty Food Stores 8,218,277 6,306,917 0.77 Beer, Wine, & Liquor Stores 17,650,885 6,364,351 0.36 Food & Beverage Stores 259,845,772 313,131,595 1.21 211 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Health and Personal Care Stores Potential Actual Sales Leakage/Surplus Index Pharmacies and Drug Stores 90,977,849 111,037,593 1.22 Cosmetics, Beauty Supplies and Perfume Stores 3,783,041 691,181 0.18 Optical Goods Stores 5,422,188 868,789 0.16 Other Health and Personal Care Stores 6,709,690 3,396,472 0.51 Health & Personal Care Stores 106,892,769 115,994,037 1.09 212 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Clothing and Clothing Accessories Stores Potential Actual Sales Leakage/Surplus Index Mens Clothing Stores 6,174,675 1,736,441 0.28 Womens Clothing Stores 26,789,114 13,516,019 0.50 Childrens and Infants Clothing Stores 4,615,426 3,070,986 0.67 Family Clothing Stores 52,919,147 69,027,045 1.30 Clothing Accessories Stores 2,876,145 933,927 0.32 Other Clothing Stores 6,770,483 6,747,201 1.00 Clothing Stores 100,144,992 95,031,622 0.95 Shoe Stores 17,795,860 9,785,794 0.55 Jewelry Stores 27,406,228 17,429,551 0.64 Luggage, & Leather Goods Stores 1,906,179 1,118,823 0.59 Jewelry, Luggage, & Leather Goods Stores 29,312,408 18,548,374 0.63 Clothing & Clothing Accessories Stores 147,253,261 123,365,792 0.84 213 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Sporting Goods, Hobby, Book and Music Stores Potential Actual Sales Leakage/Surplus Index Sporting Goods Stores 21,104,047 15,147,820 0.72 Hobby, Toys and Games Stores 11,739,436 12,149,646 1.04 Sew/Needlework/Piece Goods Stores 2,904,299 3,825,271 1.32 Musical Instrument and Supplies Stores 3,737,498 1,523,943 0.41 Sporting Goods, Hobby, & Musical Instrument Stores 39,485,281 32,646,682 0.83 Book Stores 12,187,163 15,274,874 1.25 News Dealers and Newsstands 515,861 82,258 0.16 Book Stores and News Dealers 12,703,024 15,357,132 1.21 Prerecorded Tape, Compact Disc, and Record Stores 5,248,484 1,210,070 0.23 Book, Periodical, & Music Stores 17,951,509 16,567,203 0.92 Sporting Goods, Hobby, Book, & Music Stores 57,436,790 49,213,885 0.86 214 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes General Merchandise Stores Potential Actual Sales Leakage/Surplus Index Department Stores excluding leased depts. 156,041,632 99,588,733 0.64 Warehouse Clubs and Super Stores 131,001,236 0 0.00 All Other General Merchandise Stores 25,154,977 5,599,527 0.22 Other General Merchandise Stores 156,156,213 5,599,527 0.04 General Merchandise Stores 312,197,846 105,188,260 0.34 215 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Miscellaneous Store Retailers Potential Actual Sales Leakage/Surplus Index Florists 5,365,165 4,145,003 0.77 Office Supplies and Stationery Stores 17,006,732 8,038,637 0.47 Gift, Novelty, and Souvenir Stores 13,384,290 8,453,147 0.63 Office Supplies, Stationery, & Gift Stores 30,391,022 16,491,784 0.54 Used Merchandise Stores 6,858,131 2,035,099 0.30 Other Miscellaneous Store Retailers 29,079,001 20,089,823 0.69 Miscellaneous Store Retailers 71,693,321 42,761,711 0.60 216 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Foodservice and Drinking Places Potential Actual Sales Leakage/Surplus Index Full-service Restaurants 117,346,277 96,723,587 0.82 Limited-service Eating Places 107,609,678 87,980,402 0.82 Special Foodservices 20,703,274 21,442,001 1.04 Drinking Places -Alcoholic Beverages 11,705,796 2,682,781 0.23 Foodservice & Drinking Places 257,365,027 208,828,773 0.81 217 Site Address Analysis Geography Saratoga Trade Area City Centroid Saratoga, CA 95070 7 Minutes Sources and Methodology Household demand estimates are derived by combining data from the Consumer Expenditures Survey by the Bureau of Labor Statistics with current household demographic estimates from Claritas. The demand estimates only account for household expenditures. Demand is defined as the estimated dollar amount spent by a household that resides in the area of analysis for a specified retail store type or merchandise line item. Supply estimates are generated from the Census of Retail Trade, a component of the Economic Census. County-level sales tax data is allocated to low levels of geography using business sales estimates, business locations, and employee counts provided by Claritas' Business Facts® database. Supply includes all products sold at retail outlets in a specified area for a one-year period. Supply is defined as the estimated total retail sales for a retail store type or merchandise line item. Source: Retail Market Power (Claritas). 218 Appendix B: Demographic Report 219 220 Demographics Analysis Geography: City Centroid Saratoga, CA Date: 4/4/2008 7 Min Drive Population Profile Time 2012 Projection 2007 Estimate 2000 Census 1990 Census 61,089 55,427 59,509 58,493 Household Profile 2012 Projection 2007 Estimate 2000 Census 1990 Census 21,087 20,727 20,723 20,142 Work Place Population 7 Min Drive Time Total 12,490 Population Change Growth 1990-2000 % Growth 2000-2007 % Growth 5 Year Proj % 5% 0% Household Change Growth 1990-2000 % Growth 2000-2007 % Growth 5 Year Proj % 0% Data Sources: Buxton®, Claritas, Inc., Prizm NE®, © 2008, infoUSA, Inc., © 2008, National Research Bureau, © 2008, Mediamark Research, Inc., © 2008, Geographic Data Technology, Inc, © 2008 Page: 1 221 Demographics Analysis Geography: City Centroid Saratoga, CA Date: 4/4/2008 Population By Race (Current) White Black American Indian Asian Pacific Islander Other Two Or More Total Population By Race 32,352 541 122 23,646 83 715 2,050 59,509 7 Min Drive Time Population By Hispanic Origin (Current) 7 Min Drive Time Hispanic Origin Non Hispanic Origin 56,885 2,624 Population By Race (Current) White Black American Indian Asian Pacific Islander Other Two Or More 55% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Data Sources: Buxton®, Claritas, Inc., Prizm NE®, © 2008, infoUSA, Inc., © 2008, National Research Bureau, © 2008, Mediamark Research, Inc., © 2008, Geographic Data Technology, Inc, © 2008 Page: 2 222 Demographics Analysis Geography: City Centroid Saratoga, CA Date: 4/4/2008 Population By Age (Current) 7 Min Drive Time 0 to 4 years 5 to 9 years 10 to 14 years 15 to 17 years 18 to 20 years 21 to 24 years 25 to 34 years 35 to 44 years 45 to 49 years 50 to 54 years 55 to 59 years 60 to 64 years 65 to 74 years 75 to 84 years 85+ Years Total Population By Age Average Age 3,658 3,490 4,104 3,093 2,010 2,742 4,060 8,103 5,793 5,265 4,613 3,667 4,966 2,955 990 59,509 40.4 Median Age 43.9 Population By Age (Current) 0 -4 Years 5 -9 Years 10 -14 Years 15 -17 Years 18 -20 Years 21 -24 Years 25 -34 Years 35 -44 Years 45 -49 Years 50 -54 Years 55 -59 Years 60 -64 Years 65 -74 Years 75 -84 Years 85+ Years 10% 5% 0% Data Sources: Buxton®, Claritas, Inc., Prizm NE®, © 2008, infoUSA, Inc., © 2008, National Research Bureau, © 2008, Mediamark Research, Inc., © 2008, Geographic Data Technology, Inc, © 2008 Page: 3 223 Demographics Analysis Geography: City Centroid Saratoga, CA Date: 4/4/2008 Households By Income (Current) 7 Min Drive Time Under $15,000 $15,000 to $24,999 $25,000 to $34,999 $35,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $100,000 to $149,999 $150,000 to $249,999 $250,000 to $499,999 $500,000 + Total Households By Income Average Household Income Per Capita Income $64,354 $168,968 20,727 1,466 2,213 4,872 4,243 2,125 2,264 1,205 642 731 966 Median Household Income $136,263 Households By Income (Current) Under $15K 15K -25 K 25K -35K 35K -50K 50K -75K 75K -100K100K -150K150K -250K250K -500K 500K + 25.54% 23.72% 21.89% 20.07% 18.25% 16.42% 14.6% 12.77% 10.95% 9.12% 7.3% 5.47% 3.65% 1.82% 0% Data Sources: Buxton®, Claritas, Inc., Prizm NE®, © 2008, infoUSA, Inc., © 2008, National Research Bureau, © 2008, Mediamark Research, Inc., © 2008, Geographic Data Technology, Inc, © 2008 Page: 4 224 Demographics Analysis Geography: City Centroid Saratoga, CA Date: 4/4/2008 Housing Units By Occupancy (Current) 7 Min Drive Time Owner -Occupied Renter -Occupied Vacant Owner -Occupied Property Values (Current) 2.9% 19.2% 77.9% Under $20,000 $20,000 to $39,999 $40,000 to $59,999 $60,000 to $79,999 $80,000 to $99,999 $100,000 to $149,999 $150,000 to $199,999 $200,000 to $299,999 $300,000 to $399,999 $400,000 to $499,999 $500,000 to $749,999 $750,000 to $999,999 $1,000,000 + Total Owner -Occupied Property Values 97 20 50 90 202 35 79 118 392 2,340 3,784 9,503 16,629 Median Property Value 905,206 Owner -Occupied Property Values (Current) Under 20K20K -40K40K -60K60 K -80K 80K -100K 100K -1 50K 150K -200K 200K -300K 300K -400K 400K -500K 500K -750K 750K -1000K10 00 K + 65.55% 58.27% 50.98% 43.7% 36.42% 29.13% 21.85% 14.57% 7.28% 0% Data Sources: Buxton®, Claritas, Inc., Prizm NE®, © 2008, infoUSA, Inc., © 2008, National Research Bureau, © 2008, Mediamark Research, Inc., © 2008, Geographic Data Technology, Inc, © 2008 Page: 5 225 SARATOGA CITY COUNCIL MEETING DATE: May 7, 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: City of Saratoga Website RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: During the April 2, 2008 Council Meeting discussion on the possibility of developing an online community calendar, several Councilmembers mentioned potential improvements to the City’s website. The comments indicated an interest in updating the City’s website to make it a better reflection of Saratoga’s active and dynamic community and a more effective communication tool the public can easily navigate through to find relevant information or take care of city-related business. To continue discussion on the website, Council asked that the topic be added to the agenda of a future meeting. The current website was developed by the City of Palo Alto in 2006. The City’s website is based on a template that is shared by other cities, including Los Altos. This shared template was used to reduce development costs. In preparation for Council discussion of the current website, staff developed a list of important features that can be used to help determine how the City’s website can be improved. The attributes listed below are intended to make the City’s website more appealing and easy to use, while providing staff with ability to easily update the website. Desired Website Features: -Attractive appearance -Ease of navigation -Ease of content management -Interactive features, including opinion polls and RSS (Really Simple Syndication, which automatically sends updates to visitors that subscribe to RSS feed) -Organized content -Push email subscription feature to provide public with regular updates on areas of interest -Menus with uniform format -Fast website download speed Page 1 of 3 226 The list above was created after staff visited several municipal websites considered to be exemplary. While viewing these sites, staff found that a number of them were developed by companies that specialize in creating websites and content management programs for cities and government agencies. These businesses include Civic Plus, Vision Internet, eGov Strategies, and Civica. Several websites created by these businesses are listed below, and serve as examples websites that appear to display the desired features mentioned previously. Municipal Websites Displaying Desired Features: City Web Address Web Developer/Management Pacifica, California http://www.cityofpacifica.org/Civica Reno, Nevada http://www.cityofreno.com/Vision Internet Santa Fe, New Mexico http://www.santafenm.gov/Civic Plus Staff will provide an online tour of these websites at the Council’s May 7th meeting. Each of the above websites have been designed to be both visually appealing and highly functional. Popular destinations and city landmarks are highlighted in attractive web designs and slideshows that grab the attention of visitors. Menus are easy to navigate and include terms that can be understood by members of the public who may not be familiar with government terms or organization. Navigation tools, such as pull down menus, allow visitors to quickly access information about a city’s history, population, parks, recreational opportunities, and other details residents or visitors might like to know. E-government features also make it handy for residents and business owners to take care of city-related business online, such as paying bills, filing permit applications, and signing up for volunteer opportunities. While staff does not have the capability to implement the advanced features found on the websites listed previously, the Council has the option of asking staff to work with a web development company that can redesign the City’s website and provide the tools to easily manage the new and improved website. DIRECTION REQUESTED: Staff is requesting Council direction on whether or not to move forward with a Request for Proposal (RFP) to redesign the City’s website. FISCAL IMPACTS: The initial cost of redesigning the website may vary from $20,000 to $50,000. In addition, some businesses charge monthly fees that range from $200 to $1000. If Council directs staff to release an RFP, staff will include funding for the website development and maintenance in the FY 2008/09 Proposed Budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: If Council does not direct staff to move forward with an RFP, the City of Saratoga website design will remain the same. Page 2 of 3 227 Page 3 of 3 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Nothing additional. 228