HomeMy WebLinkAbout06-04-2008 City Council Agenda PacketAGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JUNE 4, 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 29, 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 section 54956.9(b): (1 item) ADJOURNED TO CLOSED SESSION OPEN S?ESSION – 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 6:00P.M. 1. Joint Meeting with the Parks and Recreation Commission. Recommended Action: Informational only. 1
2 ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269
or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104
ADA Title II). Certificate of Posing of Agenda: I, 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 29, 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 29th day of May 2008 at Saratoga, California. Ann Sullivan, CMC, Acting City Clerk
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, June 4, 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 29, 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 1. Appointment of Library Commissioner and Oath of Office
Recommended action: Adopt the attached resolution appointing one new member to the Library Commission and direct the Acting City Clerk to administer the Oath of Office. 2. Appointment
of Eleven Youth Commissioners and Oath of Office Recommended action:
Adopt the attached resolution appointing eleven members to the Youth Commission and direct Acting City Clerk to administer the Oath of Office. 3. Commendations Honoring Four Outgoing
Youth Commissioners Recommended action: Present commendations. SPECIAL PRESENTATIONS 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. 4. Joint Study Session Minutes -May 13, 2008 Recommended action: Approve minutes.
5. City Council Minutes – Special Meeting May 20, 2008 Recommended action: Approve minutes. 6. CIP Special Meeting Minutes -May 21, 2008 Recommended action: Approve minutes. 7. City
Council Minutes -May 21, 2008 Recommended action: Approve minutes. 8. Review of Accounts Payable Check Registers Recommended action: That the City Council accepts the Check Registers
for the following Accounts Payable cycles: May 15, 2008 May 22, 2008 9. Treasurer's Report for the Month ended December 31, 2007 Recommended action: Accept Treasurer's Report for the
month ended December 31, 2007 10. Fiscal Year 2008/09 Gann Appropriation Limit Recommended action: Adopt resolution approving the Gann Appropriations Limit for FY 2008/09 11. Resolution
Calling the General Municipal Election -November 4, 2008 Recommended action:
That City Council adopts the Resolution Calling the General Municipal Election for November 4, 2008. 12. Approval of an Ordinance Requiring Supervision by a Parent or Guardian of Alcoholic
Beverage Possession or Consumption by a Person Under Twenty-one and Imposing a Fee for the Costs of Providing a Second Police Response to Public Disturbances Recommended action: Approve
the ordinance requiring supervision by a parent or guardian of alcoholic beverage possession or consumption by a person under twenty-one and imposing a fee for the costs of providing
a second police response to public disturbances. 13. Joint Exercise of Powers Agreement and Cooperation Agreement to undertake activities pursuant to Title I of the Housing and Community
Development Act Recommended action: That the City Council approve the attached resolution authorizing the Mayor to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement
(JPA) to undertake or to assist in the undertaking of essential activities pursuant to Title I of the Housing and Community Development Act, as amended for the period of October 1, 2008
to September 30, 2011. 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 14. Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) Recommended action: Open public hearing;
listen to public testimony and close public hearing. Adopt resolution over-ruling objections and ordering hazardous vegetation abatement (brush). OLD BUSINESS 15. Adoption of Fiscal
Year 2008/09 Operating & Capital Budget Recommended action: Adopt resolution approving the Proposed FY 2008/09 Operating and Capital Budgets, directing staff to incorporate within the
final adopted budget any changes related to minor corrections, carry forward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or
additional direction from Council upon adoption of the budget. NEW BUSINESS 16. Prospect Road Median Improvement Project – Master Plan Approval Recommended action: Approve Master Plan
for Prospect Road Median Improvement Project.
17. Independent Contractor Agreement with LSA Associates for Environmental Consultant Services and Metropolitan Planning Group, Inc. for Land-Use Planning Consultant Services. Recommended
action: 1. Authorize the City Manager to execute an agreement with LSA Associates (LSA) to prepare environmental documents for land development applications within the City of Saratoga
(City). The agreement would include a three year contract with an option of two additional years of service if approved by the City Council. 2. Authorize the City Manager to execute
an agreement with Metropolitan Planning Group (M-Group) for land-use planning consultant services within the City. The Agreement would include a three year contract with an option of
two additional years of service if approved by the City Council. 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
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 29, 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 29th 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 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 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 – Traffic Safety Commission
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, June 4, 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 29, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally
prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to
Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Appointment of Library Commissioner and Oath of Office
Recommended action: Adopt the attached resolution appointing one new member to the Library Commission and direct the Acting City Clerk to administer the Oath of Office. 2. Appointment
of Eleven Youth Commissioners and Oath of Office Recommended action: 1
Adopt the attached resolution appointing eleven members to the Youth Commission and direct Acting City Clerk to administer the Oath of Office. 3. Commendations Honoring Four Outgoing
Youth Commissioners Recommended action: Present commendations. SPECIAL PRESENTATIONS 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. 4. Joint Study Session Minutes -May 13, 2008 Recommended action: Approve minutes.
5. City Council Minutes – Special Meeting May 20, 2008 Recommended action: Approve minutes. 6. CIP Special Meeting Minutes -May 21, 2008 Recommended action: Approve minutes. 7. City
Council Minutes -May 21, 2008 Recommended action: Approve minutes. 8. Review of Accounts Payable Check Registers Recommended action: That the City Council accepts the Check Registers
for the following Accounts Payable cycles: May 15, 2008 May 22, 2008 9. Treasurer's Report for the Month ended December 31, 2007 Recommended action: Accept Treasurer's Report for the
month ended December 31, 2007 10. Fiscal Year 2008/09 Gann Appropriation Limit Recommended action: Adopt resolution approving the Gann Appropriations Limit for FY 2008/09 2
11. Resolution Calling the General Municipal Election -November 4, 2008 Recommended action: That City Council adopts the Resolution Calling the General Municipal Election for November
4, 2008. 12. Approval of an Ordinance Requiring Supervision by a Parent or Guardian of Alcoholic Beverage Possession or Consumption by a Person Under Twenty-one and Imposing a Fee for
the Costs of Providing a Second Police Response to Public Disturbances Recommended action: Approve the ordinance requiring supervision by a parent or guardian of alcoholic beverage possession
or consumption by a person under twenty-one and imposing a fee for the costs of providing a second police response to public disturbances. 13. Joint Exercise of Powers Agreement and
Cooperation Agreement to undertake activities pursuant to Title I of the Housing and Community Development Act Recommended action: That the City Council approve the attached resolution
authorizing the Mayor to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement (JPA) to undertake or to assist in the undertaking of essential activities pursuant
to Title I of the Housing and Community Development Act, as amended for the period of October 1, 2008 to September 30, 2011. 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 14. Resolution Ordering the Abatement
of a Public Nuisance by Removal of Hazardous Vegetation (Brush) Recommended action: Open public hearing; listen to public testimony and close public hearing. Adopt resolution over-ruling
objections and ordering hazardous vegetation abatement (brush). OLD BUSINESS 15. Adoption of Fiscal Year 2008/09 Operating & Capital Budget Recommended action: Adopt resolution approving
the Proposed FY 2008/09 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any changes related to minor corrections, carry forward appropriations,
refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. 3
NEW BUSINESS 16. Prospect Road Median Improvement Project – Master Plan Approval Recommended action: Approve Master Plan for Prospect Road Median Improvement Project. 17. Independent
Contractor Agreement with LSA Associates for Environmental Consultant Services and Metropolitan Planning Group, Inc. for Land-Use Planning Consultant Services. Recommended action: 1.
Authorize the City Manager to execute an agreement with LSA Associates (LSA) to prepare environmental documents for land development applications within the City of Saratoga (City).
The agreement would include a three year contract with an option of two additional years of service if approved by the City Council. 2. Authorize the City Manager to execute an agreement
with Metropolitan Planning Group (M-Group) for land-use planning consultant services within the City. The Agreement would include a three year contract with an option of two additional
years of service if approved by the City Council. 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 4
Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc Councilmember Aileen Kao County HCD Policy
Committee Northern Central Flood Control Zone Advisory Board Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) City School AdHoc Highway 9 Safety
AdHoc CITY COUNCIL ITEMS 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 29, 2008, of the City of Saratoga, 13777 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 29th day of May 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk 5
NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5/2 Regular Meeting – Joint meeting with Mt. Winery 5/16 Regular
Meeting – Joint Meeting with Traffic Safety Commission 6/6 Regular Meeting – Joint Meeting with Planning Commission 6/20 Regular Meeting – Joint Meeting with Villa Montalvo 7/4 Holiday
– Meeting Cancelled 7/18 Regular Meeting – Joint Meeting with Hakone Foundation 8/1 Regular Meeting – Joint Meeting with Chamber of Commerce 8/15 Summer Recess – Meeting Cancelled 9/5
Regular Meeting – Joint Meeting with West Valley Board of Trustees 9/19 Regular Meeting 10/3 Regular Meeting 10/17 Regular Meeting 11/7 Regular Meeting 11/21 Regular Meeting 12/5 Regular
Meeting – Reorganization 12/19 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 6
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: SUBJECT:
Appointment of Library Commissioner and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing one new member to the Library Commission and direct the Acting City
Clerk to administer the Oath of Office. REPORT SUMMARY: The attached resolution appoints Javed Khan to the Library Commission. The term for this commissioner will expire on October 1,
2011. 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: Appointment will not be made to the Library Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City’s Official Roster. ADVERTISING, NOTICING AND
PUBLIC CONTACT: Posting of the agenda. 7
ATTACHMENTS: Attachment 1 – Resolution of Appointment Attachments 2-14 – Oath of Office 8
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE NEW MEMBER TO THE LIBRARY COMMISSION WHEREAS, one vacancy was created on the Library Commission
resulting from the expired term of Vandana Thirumale; 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 October 1, 2011; Javed S. Khan
The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 4th day of June 2008 by the following vote: AYES: NOES: ABSENT:
ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 9
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. __________________________
Javed S. Khan Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 10
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: SUBJECT:
Appointment of Eleven Youth Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing eleven members to the Youth Commission and direct the Acting
City Clerk to administer the Oath of Office. REPORT SUMMARY: The attached resolution appoints Aditya Dev, Kaitlin Finch, Tara Fatemi, Sammy Rao, Elena Reese, Natalie Tkolcevic and Cynthia
Zhou to fill the expired terms of Shireen Gupta, Kelly Langstaff, Ellil Rezaii, and Ted Scalvos; plus three additional new commission positions; and the re-appointment of Justin El-Diwany,
Kia Fariba, Cory Rateau, and Tiffany Tseng to the Youth Commission. The terms for these commissioners will expire on July 1, 2010. 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 the Youth Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City’s Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: 11
Posting of the agenda. ATTACHMENTS: Attachment 1 – Resolution of Appointment Attachments 2-14 – Oath of Office 12
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING SEVEN NEW MEMBERS AND THE REAPPOINTMENT OF FOUR MEMBERS TO THE YOUTH COMMISSION WHEREAS, eight vacancies
were created on the Youth Commission resulting from the expired terms of Justin El-Diwany, Kia Fariba, Shireen Gupta, Kelly Langstaff, Cory Rateau, Elli Rezaii, Ted Scalvos, and Tiffany
Tseng ; and WHEREAS, Council created three new Youth Commissioner positions on May 20, 2008; and WHEREAS, a notice of vacancy was posted, applications were received, interviews have
been conducted, and it is now appropriate to fill the vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made for
terms expiring July 1, 2010; Aditya Dev Justin El-Diwany Kia Fariba Kaitlin Finch Tara Fatemi Sammy Rao Cory Rateau Elena Reese Natalie Tkolcevic Tiffany Tseng Cynthia Zhou The above
and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City Council held on the 4th day of June 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN:
______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 13
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. __________________________
Aditya Dev Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 14
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. __________________________
Justin El-Diwany Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 15
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. __________________________
Kia Fariba Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 16
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. __________________________
Kaitlin Finch Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 17
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. __________________________ Tara Fatemi Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan,
CMC Acting City Clerk 18
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. __________________________
Sammy Rao Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 19
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. __________________________
Cory Rateau Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 20
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. __________________________
Elena Reese Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 21
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. __________________________
Natalie Tkolcevic Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 22
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. __________________________
Tiffany Tseng Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 23
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. __________________________
Cynthia Zhou Commissioner Subscribed and sworn to before me on This 4th day of June 2008. __________________________ Ann Sullivan, CMC Acting City Clerk 24
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: PREPARED BY: DEPT HEAD: Ann Sullivan, Acting City Clerk Dave Anderson,
City Manager SUBJECT: Commendations Honoring Four Outgoing Youth Commissioners RECOMMENDED ACTION: Present commendations. REPORT SUMMARY: Attached are commendations honoring outgoing
Youth Commissioners: Shireen Gupta, Kelly Langstaff, Elli Rezaii, and Ted Scalvos, FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW
UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Copy of Commendations. 25
CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING SHIREEN GUPTA WHEREAS, Shireen Gupta was first appointed to the Saratoga Youth Commission in June 2006; and WHEREAS, Shireen
has demonstrated his leadership skills and capabilities while participating on the following: 2007-2008: Treasurer & Publicity Committee 2006-2007: Dance Committee 2005-2006: Volunteer
at events WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Shireen Gupta
is hereby commended and thanked for his hard work and dedication on the Youth Commission; and BE IT FURTHER RESOLVED that we wish him well in the future. WITNESS MY HAND AND THE SEAL
OF THE CITY OF SARATOGA on this 4th day of June 2008. ______________________ Ann Waltonsmith, Mayor City of Saratoga 26
CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING KELLY LANGSTAFF WHEREAS, Kelly Langstaff was first appointed to the Saratoga Youth Commission in June 2006; and WHEREAS, Kelly
has demonstrated his leadership skills and capabilities while participating on the following: 2007-2008: Secretary & Dance Committee 2006-2007: Dance & Vidi Committee WHEREAS, the City
Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Kelly Langstaff is hereby commended and
thanked for his hard work and dedication on the Youth Commission; and BE IT FURTHER RESOLVED that we wish him well in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA
on this 4 June 2008. ______________________ Ann Waltonsmith, Mayor City of Saratoga 27
RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL COMMENDING YOUTH COMMISSIONER ELLI REZAII WHEREAS, Elli Rezaii was first appointed to the Saratoga Youth Commission in June 2003; and
WHEREAS, Elli has demonstrated his leadership skills and capabilities while participating on the following: 2007-2008: Vice-Chair, Special Events & Dance Committee 2006-2007: Secretary&
Dance Committee 2005-2006: Dance Committee 2004-2005: Dance Committee 2003-2004: Secretary, Fundraising & Dance Committee WHEREAS, the City Council of the City of Saratoga is proud of
the citizens who contribute their time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Elli Rezaii is hereby commended and thanked for his hard work and dedication
on the Youth Commission; and BE IT FURTHER RESOLVED that we wish him well in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of June 2008. ______________________
Ann Waltonsmith, Mayor City of Saratoga 28
CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING TED SCALVOS WHEREAS, Ted Scalvos was first appointed to the Saratoga Youth Commission in June 2002; and WHEREAS, Ted has demonstrated
his leadership skills and capabilities while participating on the following: 2007-2008: Chair & Dance Committee 2006-2007: Dance Committee 2005-2006: Treasurer & Special Events Committee
2004-2005: Dance Committee 2003-2004: Dance Committee 2002-2003: Dance Committee WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent
to our community. NOW, THEREFORE, BE IT RESOLVED, that Ted Scalvos is hereby commended and thanked for his hard work and dedication on the Youth Commission; and BE IT FURTHER RESOLVED
that we wish him well in the future. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of June 2008. ______________________ Ann Waltonsmith, Mayor City of Saratoga
29
SARATOGA CITY COUNCIL MEETING DATE: June 4, 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 and Planning Commission Joint Study Session Minutes – May 13, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for
the following City Council Meeting: Joint Study Session Meeting – May 13, 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 May 13, 2008 30
MINUTES CITY COUNCIL/PLANNING COMMISSION JOINT STUDY SESSION MAY 13, 2008 Mayor Waltonsmith called the Joint Study Session meeting to order at 6:00PM. ROLL CALL PRESENT: Councilmembers:
Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith Planning Commissioners: Yan Zhao, Linda Rodgers, Susie Nagpal, Robert Kundtz, Joyce Hlava, Chair
Manny Cappello ABSENT: Planning Commissioner Rishi Kumar ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk John Livingstone, Community
Development Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2008 Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda
for the meeting of May 13, 2008, was properly posted on May 8, 2008. COMMUNICATIONS FROM COMMISSIONS & PUBLIC The following people requested to speak at tonight’s meeting: Priscilla
Ho – referred to the last joint meeting she had attended regarding the topic of “How to Guide Home Home Builders to Qualify Architect and Designers” and the difference it makes. She
noted the experiences she and her family had experienced during the application and design process with the Saratoga Community Development Department for their new home and stated that
it had been a very positive experience and she commended Director John Livingstone and his department staff. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Commissioner Joyce Hlava addressed
the Council and Planning Commission noting an informational Housing Element meeting has been scheduled for June 17, 2008 at the North Campus; and a follow-up meeting on August 5, 2008
highlighting the results of the June 17, 2008 meeting. She stated that the consultant would provide a draft of the Housing Element sometime in late 2008 or early January 2009 and then
bring it to the Planning Commission. She also noted that they hope to see more people attend these meetings and become more familiar with the Housing Element as well as the Planning
Commission’s role role in the Housing Element. 31
ORAL COMMUNICATION and COUNCIL DIRECTION TO STAFF None JOINT MEETING AGENDA ITEM: 1. Review Permitted and Conditional Use Permits (CUP) Requirements for Commercial Districts in the City.
Community Development Director John Livingstone presented staff report noting that based on Council feedback from the February 2008 Council Retreat this item was scheduled as a study
session with the Planning Commission to review permitted and conditional uses in the commercial zoning districts. Director Livingstone noted this is a fact-finding meeting where the
City Council and Planning Commission could discuss the item and ask questions as well as receive input from members of the public attending the meeting. Director Livingstone explained
the various permitted uses and conditional uses for each zoning district, and noted the Planning Commission must approve conditional uses. He also explained that because of unusual characteristics,
conditional uses require special considerations with respect to the objectives of the Zoning Ordinance and the effects on surrounding properties. There was lengthy discussion between
Council and Planning Commission. Mayor Waltonsmith invited public comments. The following people spoke on this item: Gene Zambetti addressed the Council and Planning Commissioners on
the CH-1 and CH-2 Zoning Districts. He also stated that the Conditional Use Permit (CUP) process takes too long to approve and is too costly. Thor Wiles noted that he works in commercial
real estate and that it is his job to bring the interested party to the vacant buildings. He stated that the problems he is faced with is telling an interested party how much time and
money it takes to go through the CUP request process and not know the results for several months. He noted some communities have “accelerated reviews”; which helps provide some comfort
to the potential lessee. Lea Ann Hernandez commented on the lengthy process for the CUP requests and stated there is a great need for improvement in the processing of permits. Paul Hernandez
commented on the experience he had regarding signage and the high fees he was required to pay for the type of sign he wanted to install. In addition, he was told he would have to use
an architect to design the sign, which he felt was unnecessary; there would be an additional fee for the CUP and an additional fee for the variance – due to the fact that his business
was in the CH-2 District. Steve Calli addressed the Council and Planning Commission on the costly and lengthy use permit process and that there is no guarantee that your application
will be approved. He also stated he would like to see a market in the Village, and suggested having an 32
outdoor cafe with music on the corner of Fourth and Big Basin. He thought this would be a perfect location for attracting people and the music would help create a warm inviting atmosphere.
Mayor Waltonsmith closed the public comment. There was additional discussion between Council, Planning Commission members, and staff regarding businesses in the Village and what can
be done to be more business friendly. Mayor Waltonsmith polled the Council and Planning Commissioners regarding their suggestions for the Village and the CUP requirements. The following
was stated: Councilmembers -Chuck Page: o Village businesses should remain open later in the day – would generate more sales dollars. o We need to define which businesses we don’t want
to see more of. o Create a Planning Commission/Council AdHoc to research Village needs. o If research money is allocated -use money responsibly. o Bring back Dave Kilbourne – performed
Village Study several years ago. o Use Buxton Survey data. Jill Hunter: o Not opposed to subsidizing certain use permit fees. o City should work closely with Buy & Save market in the
Village. o Encourage certain businesses, such as: garden shop, family restaurant, breakfast restaurant, ice cream shop. o Supports Steve Calli’s suggestion regarding the outdoor cafe
area on the corner of Fourth & Big Basin. o Medical offices at end of Big Basin. o Feels we have enough restaurants in the Village. o Saratoga wineries need to be more involved in the
Village activities. Kathleen King: o Does not want to see more nail salons and real estate firms. o Likes idea of a regulatory committee. o Would like to see a bakery, garden shop and
ice cream shop in the Village. o Supports idea to use some General Funds to subsidize specific permit fees. o Willing to lower some fees to attract specific businesses. o Not in favor
of creating an Economic Development Coordinator position. o Supports having a committee to study CH-2 District. o Likes the idea of the outdoor corner café. o Some type of exercise place
for kids. Aileen Kao: o Would like to utilize the Buxton Survey data. o In favor of sub-committee to research types of businesses needed in Saratoga in general, not just in the Village.
o In favor of subsidizing certain permit fees. 33
Planning Commissioners – Joyce Hlava: o Interested in streamlining the CUP application process. o Create a Planning Commission Subcommittee to go through CUP applications. o Improvement
of the CH-2 District o Fee subsidy. o Would like to see a Trader Joes, art and movie house. Manny Cappello: o City of San Jose implemented a Fast Track process, we could consider that.
o Conditional Use Permit for restaurants was not a requirement. o Should limit nail salons and real estate businesses in the Village. o Feels it is easier to determine types of businesses
we no longer need more of – such as nail salons and real estate, versus what we do want to see in the Village. The businesses we want less of, should be required to apply for a Conditional
Use Permit;. o Believes that most businesses do not want to have to go through the CUP process. o If we eliminate the CUP requirement, we would not have to subsidize or reduce fees;
this would eliminate the uncertainty and time element for the CUP applicant. Suzie Nagpal: o o Feels that a good mix of businesses is not a result of the market place, it is the result
of planned development. o Feels there has to be some process involved and we could define that process. o Cannot just let the market place take control. o Agrees with having a sub-committee
to research types of businesses we want. o Agrees with a Fast Track process. o Agrees with the idea of not requiring use permits for certain business – such as a bakery. o Need more
activities for children. Linda Rodgers: o Would like to explore the idea of taking out some of the requirements in the Conditional Use Permit and putting those into an Ordinance as a
Permanent Use Condition for restaurants, retail, personal services, etc. o Feels the permit process needs to be streamlined. Yan Zhao: o Should waive the CUP process for specific businesses,
such as restaurants, bakery, personal services, if they meet the pre-established criteria. This would eliminate the lengthy permit process. City Manager Dave Anderson suggested that
as as a catalyst to all the suggestions, we bring back Dave Kilbourne to assist in working out the process, form a committee to work on the specific concerns, including the use permit
process and the types of businesses that are needed in the community. Mayor Waltonsmith noted that the City of Saratoga needs something that stands out from all the other towns and cities
and that it will attract people from all over. She also agreed with the suggestion that the businesses need to stay open later in the day to attract more business. She noted the following
recommendations from the Council and Planning Commissioners: 34
1) Organize a subcommittee to determine types of shops/businesses the Village needs. 2) Bring back Dave Kilbourne to assist in determining the types of business we need not only in the
Village but in all the business areas of the community. 3) Have public involvement. 4) Look at subsidizing specific use permit fees. 5) Have a small regulatory group look into the Fast
Track process. 6) Look into the CH-2 District. 7) Look into Steve Calli’s suggestion for the outdoor corner cafe with music. 8) Bring the Planning Commissioners up to date with the Buxton
Study data and work with the Buxton representatives utilizing the data from the survey. 9) Have a small group look into the suggestion to have an Ordinance with preestablished business
criteria. There was additional discussion and the group concluded to form two committees consisting of the following members: CH-2 District Committee: Councilmember Kathleen King Planning
Commissioner Joyce Hlava Village Economic Development Committee: Vice Mayor Chuck Page Councilmember Jill Hunter Planning Commissioner Suzie Napgpal Planning Commissioner Linda Rodgers
Direction to Staff: Get price quote for Dave Kilbourne to come back, meet with Economic Development Committee and provide input. Notice committee meetings. Mayor Waltonsmith adjourned
the Study Session at 8:20 PM. Respectfully submitted by: Ann Sullivan, CMC Acting City Clerk 35
SARATOGA CITY COUNCIL MEETING DATE: June 4, 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 – May 20, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special
Meeting – May 20, 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 May 20, 2008 36
MINUTES CITY COUNCIL SPECIAL MEETING YOUTH COMMISSION INTERVIEWS MAY 20, 2008 Mayor Waltonsmith called the Special Meeting to order at 5:00PM. ROLL CALL PRESENT: Councilmembers: Jill
Hunter, Aileen Kao, Vice Mayor Chuck Page, and Mayor Ann Waltonsmith ABSENT: Councilmember Kathleen King ALSO PRESENT: Michael Taylor, Recreation Department Director Adam Henig, Recreation
Department Supervisor Mayor Ann Waltonsmith called the Special Meeting to order at 5:00p.m. Councilmembers proceeded to interview 41 candidates for the eight vacancies on the Youth Commission.
At the conclusion of the interview process, Council participated in a dialog regarding the number of qualified candidates for the Youth Commission and it was the consensus of the Council
that the commission, which now consisted of thirteen commissioners, should be increased to sixteen commissioners. Therefore, Council unanimously agreed to: o Reappoint Commissioners
Justin El-Diwany, Kia Fariba, Cory Rateau, and Tiffany Tseng to serve another two-year term. o Appoint new members, including the addition of three more members to replace Shireen Gupta,
Kelly Langstaff, Elli Rezaii, and Ted Sclavos: Aditya Dev, Kaitlin Finch, Tara Fatemi, Sammy Rao, Elena Reese, Natalie Tkolcevic, and Cynthia Zhou. The terms of these newly appointed
commissioners will be affective from July 1, 2008 to July 1, 2010. Mayor Waltonsmith adjourned the special meeting at 10:00p.m. Respectfully submitted, Ann Sullivan, CMC Acting City
Clerk 37
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: CIP Special Meeting Council Minutes – May 21, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council
Meeting: CIP Special Meeting – May 21, 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 CIP Special Meeting – May 21, 2008 38
MINUTES SARATOGA CITY COUNCIL CIP SPECIAL MEETING MAY 21, 2008 The City Council held a Special Meeting at 5:30 p.m. in the Administrative Conference Room to conduct an interview for
one opening on the Library Commission. Applicant Javed S. Khan was interviewed and Council unanimously appointed Javed Khan to fill a vacancy on the Library Commission, which ends October
2011. The City Council met in Closed Session in the Administrative Conference Room at 5:40p.m. ANNOUNCEMENT OF CLOSED SESSION Conference with Legal Counsel – Significant exposure to
litigation: Pursuant to Government Code 54956.9 (b) (1 Item) MAYOR’S REPORT ON CLOSED SESSION Mayor Waltonsmith stated there was no reportable information The City Council held a CIP
Study Session at 6:00 p.m. in the Administrative Conference Room. PRESENT: Councilmembers: Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT:
None ALSO PRESENT: Dave Anderson, City Manager John Cherbone, Public Works Director Mary Furey, Administrative Services Director Ann Sullivan, Acting City Clerk Shawn Gardner, Park Lead
Worker 39
Public Works Director John Cherbone presented the staff report. Director Cherbone noted that at the May 7, 2008 CIP Study Session Council directed staff to: o Preliminarily fund two
Operational Efficiency (OE) Projects: 1) Community Development Document Imaging Project at $600,000; and 2) City Website Upgrade Project at $50,000 for a total of $110,000. o Gather
additional information regarding City hall Solar Project. o Develop a list of building efficiency projects to add to the Operational Efficiency (OE) Project List. o Have Parks & Recreation
Commission and the Pedestrian, Equestrian, Bicycle, and Trails Advisory Committee prioritize Park & Trail Projects for 2008/09. Director Cherbone noted the total funding available for
Operational Efficiency (OE) Projects (CIP) is $600,000 minus the $110,000 for the preliminary funded projects. There was lengthy discussion regarding the CIP and funding options; at
the Council Retreat in February 2008 the carryover amount was estimated to be $1.7 million. After the final audit it was determined to be $1.551 million; therefore, the policy articulated
at the Council Retreat needs to be modified in one of two ways outlined below: Option 1: 1) Reduce allocations to CIP and OE reserves. 2) Live with slightly lower Undesignated Fund Balance
(FB). CIP = $600,000 OE = $600,000 Undesignated (FB) = $351,000 (reduced to $350,000) TOTAL = $1,551,000 Option 2: Split CIP, OE, and FB CIP = $525,500 OE = $525,500 Undesignated (FB)
= $500,000 $1,551,000 Mayor Waltonsmith invited public comment. The following people spoke: 40
Cindy Ruby, Chair of the Saratoga Foothill Club, addressed the Council regarding renovation of the Historic Building and the need for an ADA compliant ramp to the building. She noted
the total cost of the renovation will be $200K. They plan to do fund raising events and asked the Council to consider them for some grant funding. Ms. Sun stated she would like the Council
to consider having a community center that everyone can use, such as a gym, and recommended Council set aside funds for this purpose. Amari Thomas, United Way representative, spoke to
the Council regarding a grant from the Council and thanked them for their generosity. Discussion regarding the various projects, funding options and community grants. Council agreed
to go with Option 1 for Fiscal Year 2008/09 and to raise the undesignated fund balance to $500,000 for the following Fiscal Year 2009/2010. Council also directed staff to schedule an
additional CIP Study Session (separate from a scheduled Council meeting date) to continue CIP discussion and make final recommendations. Mayor Waltonsmith adjourned the CIP Study Session
at 6:58PM. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 41
SARATOGA CITY COUNCIL MEETING DATE: June 4, 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 – May 21, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular
Meeting – May 21, 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 May 21, 2008 42
MINUTES SARATOGA CITY COUNCIL MEETING MAY 21, 2008 Mayor Waltonsmith called the Regular City Council meeting to order at 7:05PM 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 Michael Taylor, Recreation Department Director Mary Furey, Administrative Services Director John Cherbone, Public
Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, Acting City Clerk, reported that Pursuant to Gov’t. Code 54954.2, the agenda for the meeting of May 21, 2008 was
properly posted on May 15, 2008. Mayor Waltonsmith asked for a moment of silence in honor of the earthquake victims in China and the cyclone victims in Myanmar. ORAL COMMUNICATIONS Citizen
Ray spoke about the land being cleared for housing development in the Town of Los Gatos; the dead pines on Highway 9; and the bicycle path along Highway 9 and how nice it was to see
bicyclists using the newly completed bike path. Sue Barrera addressed the Council regarding the newly extended hours at the Saratoga Library stating the library will be open seven days
a week through June 2010; and she thanked the Friends of the Library for making this possible. COUNCIL DIRECTION TO STAFF No direction given to staff. ANNOUNCEMENTS Vice Mayor Page announced
the achievements of the Odyssey of the Mind students from various schools. He noted Sacred Heart School has three teams that are competing and have moved through the State level and
will be competing in the upcoming World competition. These three teams are made up of fourth, fifth, sixth and seventh graders. He also noted a proclamation has been done commending
these students. Councilmember Jill Hunter commented on how beautiful the Gateway medians look and commended the City for the great job staff has done on the medians. 43
Councilmember Kathleen King noted that Fred Andres had called her and wanted to thank the City for the great improvements to the Gateway medians. She recommended he call John Cherbone
and let him know his appreciation. CEREMONIAL ITEMS 1. PROCLAMATION DECLARING MAY 18-24, 2008 AS NATIONAL PUBLIC WORKS WEEK. Mayor Waltonsmith read the proclamation. Public Works Director
John Cherbone was present to receive the proclamation. SPECIAL PRESENTATIONS 2. WEST VALLEY COLLEGE PRESENTATION – COLLEGE ENTRANCE IMPROVEMENTS STAFF RECOMMENDATION: Accept oral report
by West Valley College and provide direction. Phil Hartley, West Valley College President, gave presentation. Mr. Hartley noted the college is involved in major reconstruction in various
areas on the campus and that construction on a new “formal” entrance will begin in approximately 8 weeks. This new formal entrance to the college will be a four-lane entrance off Fruitvale
Avenue and will be located further down Fruitvale Avenue near the baseball field and away from Redwood Middle School; which will help alleviate the traffic congestion in that area. CONSENT
CALENDAR 3. CITY COUNCIL MINUTES – MAY 7, 2008 STAFF RECOMMENDATION: Approve minutes. KING/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 7, 2008. MOTION PASSED 5 – 0. 4. REVIEW OF
ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: Accept the Check Registers for the following Accounts Payable cycles: April 24, 2008, May 1, 2008, and May 8, 2008. KING/KAO MOVED
TO ACCEPT CHECK REGISTERS FOR APRIL 24, 2008, MAY 1, 2008 AND MAY 8, 2008. MOTION PASSED 5 – 0. 44
5. TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT AND HIGHWAY 9 BICYCLE SAFETY IMPROVEMENTS – PHASE 3 DESIGN STAFF RECOMMENDATION:
Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application. RESOLUTION: 08 -032 KING/KAO MOVED
TO ADOPT RESOLUTION SUPPORTING THE METROPOLITAN TRANSPORTATION COMMISSION’S TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE GRANT APPLICATION. MOTION PASSED 5 – 0. PUBLIC
HEARINGS 6. APPROVAL OF AN ORDINANCE REGARDING SUPERVISION BY PARENT OR GUARDIAN OF ALCOHOLIC BEVERAGE POSSESSION OR CONSUMPTION BY PERSONS UNDER TWENTY-ONE AND IMPOSING A FEE FOR THE
COSTS OF PROVIDING A SECOND POLICE RESPONSE TO PUBLIC DISTURBANCES. STAFF RECOMMENDATION: Introduce and waive the first reading of the attached ordinance regarding supervision of certain
social gatherings and cost recovery for public disturbances requiring a second police response and and direct staff to place the matter on the consent calendar at the next City Council
meeting. City Attorney Richard Taylor presented the staff report. Mayor Waltonsmith opened the public hearing for comments: Seeing none, the Mayor closed the public hearing comments.
KAO/KING MOVED TO WAIVE THE FIRST READING OF THE ATTACHED ORDINANCE REGARDING SUPERVISION OF CERTAIN SOCIAL GATHERINGS AND COST RECOVERY FOR PUBLIC DISTURBANCES REQUIRING A SECOND POLICE
RESPONSE AND DIRECT STAFF TO PLACE THE MATTER ON THE CONSENT CALENDAR AT THE NEXT CITY COUNCIL MEETING; WITH TWO MODIFICATIONS: 1) INCLUSION OF DEPUTIES OF THE COUNTY SHERIFF’S OFFICE
OR OHER LAW ENFORCEMENT PERSONNEL PERFORMING SERVICES IN THE CITY; AND 2) THE STRIKE OUT TEXT SHOWN IN THE INTRODUCTORY MATERIAL OF THE ORDINANCE TO BE ADDED TO THE ORDINANCE, SHOULD
BE DELETED FROM THE ORDINANCE . MOTION PASSED 5 – 0. 45
7. FISCAL YEAR 2008-09 PROPOSED OPERATING & CAPITAL BUDET PUBLIC HEARING. STAFF RECOMMENDATION: Conduct a public hearing on the proposed FY 2008/09 Operating & Capital Budget, and provide
direction to staff for budget adoption on June 4, 2008. Administrative Services Director Mary Furey presented the staff report. There was Council discussion regarding the proposed budget
with questions presented on various budget line items. Director Mary Furey provided clarity regarding the questions presented by Council. Mayor Waltonsmith opened the hearing for public
comment. Donna Paisley – expressed her concerns regarding the results of the California Healthy Kids Survey in which many students expressed safety concerns on campus. Ms. Paisley stated
there is a need for an SRO officer to serve the Saratoga schools. Cindy Ruby – urged the Council to consider community grants as a built in budget policy. She stated the Foothill Club
house is undergoing extensive renovation and asked the Council to consider funding support support to install the ADA compliant ramp to the Foothill Club house. Mary Ellen Comport –
asked for City support to help maintain the Foothill Club building. Mayor Waltonsmith closed the public hearing. Council direction to staff regarding the proposed Operating and Capital
Budget: o Increase the Community Grants appropriation by the $22,000 remaining in FY 2008/08 Council Discretionary Funds, booking it to an “unspecified grant recipient” account until
decision made in FY 2008/09 in September/October. o Council Policy established on community grants amount to match CDBG public service grant amount and allocate as a follow-up to the
CDBG hearing process. o Include explanatory notes in the Prior Year Accounting Structure Comparison graph. o Include use of carry forward and designated funds in General Fund revenue
schedule. o Include both pie and bar chart for General Fund category schedule. o Identify reason for Training & Meetings category increase. o Identify Recreation Department’s cost recovery
breakdown. o Correct prior year information on Community Events schedule. o Follow up with Council on the amount of Property Tax % that the City receives. o Establish Council Budget
Policy direction for: 1) Year End Fund Balance reserves as follows: ?? Fund Undesignated Fund Balance at $500,000 ?? Divide remaining year-end undesignated funds between: ?? Designated
for Capital Projects, and 46
?? Designated for Operational Efficiencies 2) Establish goal of $1,000,000 revenue appropriation for CIP Streets/Pavement Management Program. 3) $300,000 appropriation from TEA proceeds
transferred to CIP Streets/Pavement Management program, revert to General Fund. PAGE/KING MOVED TO RAISE CIP BUDGET AMOUNT FOR STREETS/PAVEMENT MANGEMENT PROGRAM FROM $600,000 TO AN
ESTABLISHED GOAL OF $1,000,000 – FUNDED BY 1) GAS TAX REVENUES; 2) ROAD IMPACT FEES; 3) STATE & FEDERAL GRANTS. MOTION PASSED 5 – 0 Council also gave direction to City Manager Dave Anderson
to negotiate the cost of a DARE Officer, with the cost to be shared equally by the elementary, middle and high schools – three ways. Council discussed the Community Grant program and
agreed to match CDBG funds with Community Grant funding each year; and establishing this as a Council Policy. Contract funding would not fall into this category. Council asked what the
Council Contingency fund balance was for the current Fiscal Year. Director Mary Furey noted there was a balance of $22,068. It was the consensus of the Council to allocate the remaining
undesignated funds from Council Contingency for this Fiscal Year to next Fiscal Year 2008/09. Mayor Waltonsmith declared a 5 minute break at 10:00PM. Mayor Waltonsmith reconvened the
meeting at 10:05PM. OLD BUSINESS None NEW BUSINESS 8. RELOCATION OF COAST LIVE OAK TREE FROM THE HERITAGE ORCHARD TO WEST VALLEY COLLEGE. STAFF RECOMMENDATION: Accept report and provide
direction to staff. Public Works Director John Cherbone presented the staff report. There was discussion regarding the possibility of signage being placed at the site of the Coast Live
Oak tree in the Orchard during the removal process; indicating that the cost of the tree removal project was being funded by West Valley College (WVC). Director Cherbone noted that could
be done if Council decides to approve the removal of the tree. 47
Council also discussed the possibility of having a plaque stating where the tree came from if it is relocated to the proposed site on the WVC campus. Director Cherbone noted that could
be done as well. KAO/PAGE MOVED TO APPROVE THE RELOCATION OF THE COAST LIVE OAK TREE FROM THE HERITAGE ORCHARD TO A PREESTABLISHED LOCATION AT THE WEST VALLEY COLLEGE’S MAIN ENTRANCE
OFF FRUITVALE AVENUE. MOTION PASSED 4 -1-0 WITH COUNCILMEMBER HUNTER OPPOSING. 9. BUS SHELTER FEASIBILITY. STAFF RECOMMENDATION: Receive report and provide direction to staff. Public
Works Director John Cherbone presented the staff report. Director Cherbone noted he proposed the use of four bus shelters in the CIP, which could be increased or decreased, based on
Council’s decision if they decide to install bus shelters. There was discussion regarding the location of covered bus shelters in the City and whether to have free bus shelters with
advertisement versus bus shelters with no advertisement. There was discussion regarding the type of bus shelters – wooden or metal design. Councilmember Jill Hunter opposes metal bus
shelters with advertisement. Vice Mayor Page noted he is impartial, however, he prefers not to destroy trees in order to install bus shelters and that you could create your own bus shelters
without advertisement. He also noted you could put a matching trash can next to the bus shelter. Councilmember King stated she agrees with Vice Mayor Page regarding the placement of
a trash can next to the bus shelter and that it needs to be a large enough one to accommodate the amount of trash disposed of near bus shelters. Councilmember Kao inquired if the City
could specify the type of advertisements on bus shelters and stated she didn’t have a specific preference of the type of bus shelter. Council directed staff to place the bus shelter
item on the CIP for future discussion. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith – reported on: Association of Bay Area Government – will be meeting next month. Comprehensive
County Expressway Planning Study Advisory Board (PAB) – will meet on Thursday, May 22nd. Hakone Foundation Executive Committee – the Executive Committee and Board met. The Design Committee
meeting went well and the new Visitor’s Center will be placed at the top of the parking lot near the bamboo area. Phil Boyce’s term as president is up and Marty Matsual will be assuming
the role of President of the Hakone Board. 48
SASCC – will be meeting next Wednesday and will be electing their new Board. West Valley Mayors and Managers Association – meets next week and Vice Mayor Page will be attending in her
place. Sister City Liaison – will not be having a welcome reception for the three exchange students at City Hall this year. They will be having a less formal reception in another manner.
Vice Mayor Chuck Page – reported on: Chamber of Commerce – attended a meeting with the Chamber and they expressed an interest in the Buxton Report. They are also preparing for the Taste
of Saratoga event and are looking for artists and volunteers. West Valley Sanitation District – noted they are going through their budget cycle and will be meeting again next week. Councilmember
Kathleen King – reported on: Peninsula Division, League of California Cities – annual dinner scheduled in Redwood City in June and should be represented by the City. Santa Clara County
Cities Association – noted that Mayor Waltonsmith attended the last meeting since she she was unable to attend. City School AdHoc – noted they had a very good meeting with John Nolan,
Facilities Manager for the Campbell Union School District and was sad to hear that is retiring. She noted all weather turf will be installed on the soccer field in the back field, and
renovation of the baseball fields. She noted the school is willing to renegotiate athletic field use times as well as athletic events held under the lights – if the teams are willing
to pay for the electricity. She also suggested doing a commendation for the Campbell School District recognizing the excellent working relationship with Prospect High School. TEA AdHoc
– noted Jim Beall suggested the possibility of paying ERAF up front in exchange for getting the ERAF Councilmember Jill Hunter – reported on: Historic Foundation – April Halberstadt
has resigned from the Board and the Board will be recruiting for a replacement. KSAR – has hired a new employee, Ruth Fetzer, to work 20 hours a week. Councilmember Aileen Kao – reported
on: on: Northern Central Flood Control Zone Advisory Board – will meet on May 28th and the Airport Land Use Committee meets the same day. If the two meetings are at the same time she
would need a volunteer to attend one of the meetings. CITY COUNCIL ITEMS Councilmember King announced the Cemetery District has selected their new Board and noted that HPC Commissioner
Jim Sorden was selected for the Board and recommended someone notify Jim Sorden and let him know that there may be issue of incompatibility of office and he may need to make a choice
of which entity he wants to serve on if he hasn’t already been sworn in as a Cemetery Board member. 49
City Manager Dave Anderson stated he would call Jim Sorden and let him know of the potential for incompatibility of office. Vice Mayor Chuck Page announced he will have to resign from
the Solid Waste JPA because of his new employment. He stated he would need a replacement prior to the next JPA meeting, which is in November; or the Alternate could assume the position.
Page also announced the City of Saratoga has a new Starbucks – located in the Safeway store at Argonaut Shopping Center. Mayor Waltonsmith announced she will be writing a letter of condolences
to the Mianyang and the Chengdu Mayors regarding the devastating earthquakes and loss of life. She also commented on how nice the “newly painted lady” – the Victorian Warner Hutton House
looked. CITY MANAGER’S REPORT City Manager Dave Anderson noted that one more date for the CIP Study Session needs to be established for Council to meet and make final CIP budget recommendations.
ADJOURNMENT PAGE/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 11:00PM. MOTION PASSED 5 – 0. Respectfully submitted: Ann Sullivan, CMC Acting City Clerk 50
Dave Anderson Melanie Whittaker Anil Paul RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: May 15, 2008 May 22,
2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 05/15/08 107824 107863 40 $97,498.38 05/15/08 05/08/08 107821 05/22/08 107864 107940 77 $490,399.12 05/22/08
05/15/08 107863 Total $587,897.50 AP Date Check No. Issued to Dept. Amount 05/15/08 107827 Public Works $12,676.95 05/15/08 107851 Various $10,430.76 05/15/08 107862 West Valley Collections
Public Works $14,472.69 05/22/08 107883 Community Development $309,499.10 05/22/08 107884 Public Works 37, 149.00 05/22/08 107886 CIP $20,653.38 05/22/08 107938 Public Works $21,061.00
Quadalupe Landfill Rate Adj. YE 2007-2008 Shed -Paseo Presado Shed -Glen Brae Dr Shed -Glen Brae Dr General Various Debris Boxes -Sara/Sunnyvale Rd Monthly Gas & Electric Services 2
Chevy Trucks General Law Enforcement -Monthly Services Construction on Fellowship Hall -CRW CRW Industries North Campus North Campus West Valley Collections General Accounts Payable
Pacific Gas & Electric Courtesy Chevrolet Equipment Replacement American Carports, Inc General Starting Check No. AGENDA ITEM: ACCOUNTING SUPERVISOR: County of SC-Office of The Sheriff
DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL Finance & Administrative Services Accounts Payable Checks Released June 4, 2008 Total Checks MEETING DATE: Date SUBJECT: Review of Accounts
Payable Check Registers. Ending Check No. CITY MANAGER: 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 51 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
The following is a list of Accounts Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 5/13/2008 107809 S.A.S.C.C VOID -1268.00 5/13/2008 107822 Orchard
Supply Facilities Supplies 902.98 5/13/2008 107823 Orchard Supply Supplies -Park & Street 468.54 The following is a list of cash reduction by fund: Fund # AP 5/15 AP 5/24 Total 001 General
46,610.98 401,675.65 448,286.63 201 Manor Drive Landscape 57.17 57.17 202 Ferdericksburg Landscape -203 Greenbriar Landscape -204 Quito Lighting 1 ,075.70 1,075.70 205 Azule Lighting
2 33.76 233.76 206 Sarahills Lighting 2 54.19 254.19 207 Village Lighting 7 11.42 711.42 209 McCartysville Landscape 1 8.34 18.34 210 Tricia Woods Landscape 9.17 35.03 44.20 211 Arroyo
de Saratoga Landscape -212 Leutar Court Landscape -215 Bonnet Way Landscape -216 Beauchamps Landscape 3 8.06 154.07 192.13 217 Sunland Park Landscape 320.61 320.61 222 Prides Crossing
Landscape 2 8.28 95.58 123.86 224 Village Commercial Landscape 1 ,808.30 723.80 2,532.10 225 225 Saratoga Legends Landscape 325.41 325.41 226 Bellgrove Landscape 2 56.69 256.69 227 Cunningham/Glasgow
Landscp 120.67 120.67 228 Kerwin Ranch Landscape 504.61 504.61 229 Tollgate LLD 2 3.89 23.89 231 Horseshoe Landscape/Lighting 170.24 170.24 232 Gateway Landscape 8.87 8 .87 233 Carnelian
Glen 72.96 72.96 270 CDBG Administration -271 Saratoga Housing & Rehab.Prg. -320 Library Expansion Cap Prg. 1 ,500.00 1,500.00 400 Library Bond Debt Service -501 Equipment Replacement
ISF 37,149.00 37,149.00 502 Information Technology 3,811.68 3,811.68 503 Facility Improvement 12,937.14 12,029.03 24,966.17 504 Facilities 6 ,421.14 6,421.14 505 Information Technology
140.05 140.05 506 Office Stores Fund 3 39.03 297.90 636.93 510 Liability/Risk Mgt -511 Workers' Comp -701 Traffic Safety -702 Highway 9 Safety -704 -706 Sidewalk Annual Project -708
-Description Fund Description Annual Street Resurfacing Saratoga Sunnyvale PH 2 52 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
The following is a list of cash reduction by fund: (cont.) Fund # AP 5/15 AP 5/24 Total 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 2,024.29 2,024.29 735 Village Lights
(Zone 7A) -736 Village Trees Lighting -738 Cox Ave Railroad Crossing -739 5 ,150.30 5,150.30 744 Village Sidewalk, Curb/Gutter 2 ,396.66 2,396.66 746 Saratoga-Sunnyvale Gateway -747
-748 El Ca Grante/Monta Vista -749 Sara-Sun Gateway Sidewalk -751 Financial System Upgrade 5,390.00 5,390.00 752 -755 Warner Hutton House Improv. -760 Facility Projects 10,885.21 4,467.99
15,353.20 761 -762 North Campus/19848 Prospect 20,653.38 20,653.38 766 Historical Park Fire Alarm 6 ,250.00 6,250.00 778 -780 -783 -785 5 41.25 180.00 721.25 786 -788 -789 -790 -791
-792 -793 -794 -795 -796 -797 San Marcos OP Space Trail -97,498.38 490,399.12 587,897.50 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A El
Quito Park Improvement Fire Alarm McWill&Book Go Prospect Road Medians Heritage Orchard Path Alternative Soccer Field Trail Segment #3 Repair TOTAL Beauchamp Park Fund Parks/Trails Repair
Wildwood Park Improvement Teerlink Ranch Trail Repair Carnelian Glen Footbridge UPRR/De Anza Trail Citywide Tree Replanting Kevin Moran Hakone Garden D/W Document Imaging Project Wildwood
Park -Wtr/Seat Fund Description Sara-Sun ADA Curb Ramps 53 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format C:\DOCUME~1\cboyer\54 LOCALS~1\Temp\Staff Report
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SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary
Furey, Finance & Admin. Services Director SUBJECT: Treasurer’s Report for the Month Ended December 31, 2007 RECOMMENDED ACTION The City Council accept the Treasurer’s Report for the
month ended December 31, 2007. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section
2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund
balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund
balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well
as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL
IMPACT Cash and Investments Balance by Fund As of December 31, 2007, the City had $481,924 in cash deposit at Comerica bank, $13,576,771 on deposit with LAIF (included Library GO Bonds),
and $1,244 in cash with fiscal agents for the Public Financing Authority Bond account and the Library GO Bond. Council Policy on operating reserve funds, adopted on April 20, 1994, states
that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as
of December 31, 2007 is $14,059,939 and exceeds the minimum limit required. 66
Treasurer’s Report for the Month Ended December 31, 2007 … (contd.) MONTHLY EFFECTIVE YIELD (MEY) For the quarter ending December, 2007 LAIF investment income declined by $28,240 over
the previous quarter due to declining short term interest rates and lower investment balance. LAIF has forecasted rise in long term interest rates. In line with its forecast it has increased
the holding term of its investments from 183 (2007) to 204 (2008) days an increase of 21 days. Cash Summary Unrestricted Cash Comerica Bank $ 481,924 Deposit with LAIF $ 13,576,771 $
14,058,695 Restricted Cash Fiscal Agents $ 1,244 $ 1,244 Total $ 14,059,939 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code
Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund
C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 67
ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at December 31, 2007 General
General Fund $ 1 ,000,347 Reserved Fund Balance Petty Cash Reserve $ 1 ,300 Retiree Medical Reserve $ 6 2,500 Designated Reserves: Designated for Economic Uncertainty $ 1 ,500,000 Designated
for Operations $ 2 ,688,037 Designated for Carryforwards $ 2 53,875 Designated for Grants $ 8 0,000 Designated for CIP -Radar Signs $ 4 7,000 Designated for Special Project Reserve $
4 50,000 Special Revenue Landscape and Lighting $ 2 69,445 Development Services $ 1 ,997,401 Enviromental Programs $ 7 10,667 Development Fees $ 1 18,923 SHARP loan $ 9 9,762 Capital
Project Park Development Fund $ 2 8,507 Library Expansion Capital Project Fund $ 6 88,310 Street Projects $ 1 ,362,831 Park and Trail Projects $ 1 ,433,208 Facility Improvement Projects
$ 3 92,311 Adminstrative Projects $ 1 64,381 Debt Service Library Bond $ 1 07,378 Internal Service Equipment Replacement $ 9 2,575 IT Replacement $ 3 07,638 Facility Improvement $ 8
0,565 Equipment Maintenance $ 1 8,899 Information Technology Services $ 2 0,778 Office Stores Fund $ 1 5,395 Liability/Risk Management $ 1 3,850 Workers Compensation $ 2 0,392 Trust/Agency
Leonard Road $ (3,469) Public Financing Authority $ 1 ,244 KSAR -Community Access TV $ 3 5,889 Total City $ 1 4,059,939 68
ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at December 31, 2007. This table excludes Trust and
Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Nov Revenues Expenditures Transfers
Fund Balance 12/31/07 General Undesignated Unreserved Balance 1,928,665 (1,809,485) 2,130,869 1,193,965 1,056,085 Reserved Fund Balance: -Petty Cash Reserve 1,300 ---1,300 Retiree Medical
Reserve 62,500 ---62,500 Designated Fund Balances: -Designated Economic Uncertainty 1,500,000 ---1,500,000 Designated for Operations 2,688,036 ---2,688,036 Designated for Grants 80,000
---80,000 Designated for CIP Radar Signs 47,000 ---47,000 Designated for Special Projects 450,000 ---450,000 Designated for Claims 38,695 38,695 Designated for Development 1,355,080
---1,355,080 Designated for Environmental 710,668 ---710,668 Special Revenue Landscape/Lighting 316,077 (86,781) 51,841 11,692 269,445 SHARP Loan 89,588 7,855 2,319 -99,762 Capital Project
Park Development 209,087 (184,860) -(4,280) 28,507 Library Expansion 684,553 (1,244) 4,829 -688,138 Street Projects 2,141,646 100,900 0 808,389 -1,434,156 Park and Trails 1,298,728 334,237
-52,383 -1,580,582 Facility Improvements 441,991 (48,450) -1,232 -392,309 Adminstrative Projects -167,746 -3,364 -164,381 Debt Service Library Bond 746,556 (644,842) 5,497 -107,212 Internal
Service Fund Equipment Replacement 8,572 50,000 50,000 15,999 92,574 Technology Replacement 352,280 (57,668) 13,026 -307,638 Building Maintenance (15,617) (50,362) 178,463 61,994 50,490
Equipment Maintenance -(20,122) 49,310 10,289 18,899 Information Technology Services -(44,151) 92,452 27,033 21,268 Stores Fund -1,344 16,250 2,200 15,395 Liability/Risk Management -(55,651)
72,159 2,657 13,850 Workers Compensation -(40,083) 61,750 1,274 20,392 Total City 15,135,405 (2,381,618) 2,728,766 2,188,192 -13,294,362 69
ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative
Project Program Funds. CIP Funds/Projects Cash & Investment Balance at December 31, 2007 Street Projects Traffic Safety 28,577 Highway 9 Safety Project 58,960 Annual Street Resurfacing
Project (114,775) Sidewalks Yearly Project 9 8,980 Saratoga Sunnyale Road Resurfacing (29,094) Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road
Bridge Replacement 9 ,730 Quito Road Bridge Construction 113,859 Village Newsrack Enclosur (1,849) Solar Power Radar Feedback Signs 50,550 El Quito Area Curb Replacement 9 6,183 Sobey
Road Culvert Repair 1 50,000 Median Repairs(Landscape/Irrig.) 4 ,021 Village Improvements 50,000 Village Trees & Lights at Sidestreets 31,965 Cox Ave Railroad Crossing Upgrade (25,956)
Prospect Road Median 45,619 City Entrance Sign/Monument
13,467 Village-Streetscape Impv ((Sidewalk, Curbs) 707,069 Saratoga-Sunnyvale/Gateway (15,383) Saratoga-Sunnyvale ADA Curb Ramps (2,130) Storm Drain @El Camino /Mt Vista 8 5,321 Saratoga-Sunnyvale/G
teway Sidewalk 72,607 Total Street Projects $ 1,362,831 Parks & Trails Beauchamp Park Fund 13,362 Wildwood Park -Water Feature/Seating 7 ,935 Historical Park Landscape 3 7,200 Citywide
Tree Replanting 9 1,200 Hakone Garden D/W 1 64,283 Carnelian Glen Footbridge (2,903) DeAnza Trail (210,707) Kevin Moran Improvements 1,087,462 West Valley Soccer Field 143,370 Park/Trail
Repairs 37,014 Heritage Orchard Path 25,000 Trail Segment #3 Repair 1 0,832 Teerlink Ranch Trail 2 2,242 San Marcos OP Space Trail 9 81 CIP Allocation Fund 5 ,939 Total Parks & Trails
$ 1,433,208 Facility Improvements Civic Center Landscape 49,708 Warner Hutton House Improvements 22,396 Facility Projects (250) Fire Alarm at McWilliams & Museum 2 0,387 North Campus
-19848 Prospect Road 2 93,808 Historical Park Fire Alarm System 6 ,262 Total Facility Improvements $ 392,311 Administrative Projects Financial System Upgrade 70,734 Document Imaging
Project 93,647 Total Administrative Projects $ 164,381 Total CIP Funds $ 3 ,352,731 70
ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project
Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Nov Revenues Expenditures Transfers Fund Balance 12/31/07 Street Projects Traffic Safety 41,355 (12,779) --28,577
Highway 9 Safety Project 58,960 ---58,960 Annual Street Resurfacing Project 438,338 24,069 0 5 78,452 (116,044) Sidewalks Yearly Project 108,605 (9,625) --98,980 Saratoga Sunnyale Road
Resurfacing -194,527 -1 51,028 43,499 Fourth Street Bridge 100,000 ---100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) ---(164,891) Quito Road Bridge Replacement 9,730 ---9,730
Quito Road Bridge Construction 113,859 ---113,859 Village Newsrack Enclosur ---1 ,849 (1,849) Solar Power Radar Feedback Signs 15,000 47,000 -1 1,450 50,550 El Quito Area Curb Replacement
213,179 (109,132) -7 ,864 96,184 Sobey Road Culvert Repair 150,000 ---150,000 Storm Drain Upgrades 11,314 --1 1,314 0 Median Repairs(Landscape/Irrig.) 4,021 ---4,021 Village Improvements
50,000 ---50,000 Village Trees & Lights at Sidestreets 7,000 32,920 -7 ,955 31,965 Cox Ave Railroad Crossing Upgrade 24,392 (50,348) --(25,956) Prospect Road Median 50,000 --4 ,381 45,619
City Entrance Sign/Monument 13,467 ---13,467 Village-Streetscape Impv (Sidewalk, Curbs) 737,846 --3 0,777 707,069 Saratoga-Sunnyvale/Gateway 74,148 (89,531) --(15,383) Saratoga-Sunnyvale
ADA Curb Ramps -(350) -1 ,780 (2,130) Storm Drain @El Camino /Mt Vista 85,321 ---85,321 Saratoga-Sunnyvale/Gateway Sidewalk -74,148 -1 ,541 72,607 Total Street Projects 2,141,646 100,900
0 8 08,389 -1,434,156 Parks & Trails Beauchamp Park Fund -13,362 --13,362 Wildwood Park -Water Feature/Seating -9,199 -1 ,264 7,935 Historical Park Landscape -37,200 --37,200 Citywide
Tree Replanting -92,059 -8 59 91,200 Hakone Garden D/W 164,283 ---164,283 Carnelian Glen Footbridge ---2 ,903 (2,903) DeAnza Trail (184,219) 141,312 -2 0,426 (63,332) Kevin Moran Improvements
1,112,298 (16,214) -8 ,623 1,087,462 West Valley Soccer Field 155,868 (8,009) -4 ,490 143,370 Park/Trail Repairs 44,558 (7,433) -1 11 37,014 Heritage Orchard Path -25,000 --25,000 Trail
Segment #3 Repair -12,632 -1 ,800 10,832 Teerlink Ranch Trail -30,000 -7 ,758 22,242 San Marcos OP Space Trail -5,130 -4 ,149 981 CIP Allocation Fund 5,939 ---5,939 Total Parks & Trails
1,298,728 334,237 -52,383 -1,580,582 Facility Improvements Civic Center Landscape 63,703 (13,997) --49,706 Warner Hutton House Improvements 25,000 (2,605) --22,395 Facility Projects
-(250) --(250) Fire Alarm at McWilliams & Museum 25,000 (4,613) --20,387 North Campus -19848 Prospect Road 322,025 (26,986) -1 ,232 293,808 Historical Park Fire Alarm System 6,262 ---6,262
Total Facility Improvements 441,991 (48,450) -1 ,232 -392,309 Administrative Projects Financial System Upgrade -70,734 --70,734 Document Imaging Project -97,011 -3 ,364 93,647 Total
Administrative Projects -167,746 -3 ,364 -164,381 Total CIP Funds 3,882,365 554,433 0 865,369 -3,571,429 71
ATTACHMENT E 72
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Fiscal
Year 2008/09 Gann Appropriation Limit RECOMMENDED ACTION Adopt resolution approving the Gann Appropriations Limit for FY 2008/09. REPORT DISCUSSION On November 6, 1979, California voters
approved Proposition 4, commonly known as the Gann Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This proposition, which became effective
in fiscal year 1980/81, mandated an appropriations (spending) limit on the amount of tax revenues that the State and most local government jurisdictions may appropriate within a fiscal
year. This limit grows annually by a population and cost-of-living factor. The State Appropriation Limit was since modified by two subsequent initiatives -Proposition 98 in 1988 and
Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding appropriation limit levels to the State of citizens through a process of refunds, rebates, or
other means. Proposition 111 allowed more flexibility in the appropriation calculation factors. Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans,
donations and other non-tax proceeds are excluded. Exemptions are also made for voter-approved debt which existed prior to January 1, 1979, and for the cost of compliance with court
or Federal government mandates. The City Council adopts an annual resolution establishing an appropriations limit for the following fiscal year using population and per capita personal
income data provided by the State of California’s Department of Finance. Each year’s limit is based on the amount of tax proceeds that were authorized to be spent in fiscal year 1978/79,
with inflationary adjustments made annually to reflect increases in population and the cost of living. The California Department of Finance distributes the annual percentage change per
capita personal income and the percentage population change within the City and the County to jurisdictions on May 1st each year. Saratoga’s percentage increase in population change
is combined with the change in per capita income to determine the City’s appropriation factor. The current year’s appropriation limit is then increased by this appropriation factor to
calculate the Gann Appropriation Limit for the following fiscal year. The calculation for the FY 2008/09 limit is as follows: 73
% Increase in Change in 2007/08 2008/09 County Per Capita Appropriation Appropriation Appropriation Population Income Factor Limit Limit 1.0172 X 1.0131 = 1.0305 X $ 28,837,681 = $ 29,717,961
FY 2008/09 Calculation Summary: The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may appropriate in the following fiscal year. The City’s
proposed budget for FY 2008/09 anticipates $10,181,000 in tax revenues, which is $19,536,961 less than the appropriation limit of $29,717,961. Conclusion: It is recommended that the
Council adopt the resolution approving the FY 2008/09 Gann Appropriation Limit of $29,717,961 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be in compliance with
Article XIIIB of the State of California Constitution. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A -Gann Appropriation Limit
Factors and Calculation B – Resolution 74
Attachment A For Beginning County City Per Ending % YE Population Population Capita Limit Limit Factor Factor Income Limit Increase 1994 13,202,594 1.0171 1.0053 1.0272 13,793,609 4.48%
1995 13,793,609 1.0160 1.0050 1.0071 14,113,809 2.32% 1996 14,113,809 1.0170 1.0227 1.0472 15,115,486 7.10% 1997 15,115,486 1.0108 1.0071 1.0467 15,992,250 5.80% 1998 15,992,250 1.0216
1.0289 1.0467 17,222,848 7.69% 1999 17,222,848 1.0212 1.0154 1.0415 18,317,873 6.36% 2000 18,317,873 1.0173 1.0072 1.0453 19,478,927 6.34% 2001 19,478,927 1.0163 1.0055 1.0491 20,768,439
6.62% 2002 20,768,439 1.0147 1.0055 1.0782 22,721,701 9.40% 2003 22,721,701 1.0125 1.0191 0.9873 23,092,833 1.63% 2004 23,092,833 1.0079 1.0029 1.0231 23,694,794 2.61% 2005 23,694,794
1.0072 1.0000 1.0328 24,471,983 3.28% 2006 24,471,983 1.0112 1.0124 1.0526 26,078,624 6.57% 2007 26,078,624 1.0118 1.0034 1.0396 27,203,516 4.31% 2008 27,203,516 1.0152 1.0138 1.0442
28,837,681 10.58% 2009 28,837,681 1.0172 1.0077 1.0131 29,717,961 9.24% % Increase in Change in 2007/08 2008/09 County Per Capita Appropriation Appropriation Appropriation Population
Income Factor Limit Limit 1.0172 X 1.0131 = 1.0305 X $ 28,837,681 = $ 29,717,961 2008/09 2008/09 Percentage Tax Appropriation of Revenues Limit Limit 1 0,181,000 /$ 29,717,961 = 34%
APPROPRIATION LIMIT FACTORS Appropriation Appropriation June 30 Percentage of Appropriation FY 2008/09 Calculation 75
Attachment B RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE FISCAL YEAR 2008/09 GANN LIMIT APPROPRIATION FOR THE CITY OF SARATOGA WHEREAS,
the City of Saratoga has established its Base Year Appropriation Limit as $5,961,747 in Fiscal Year 1978/79; and WHEREAS, the cumulative changes to population and to the California per
capita personal income since the Base Year established the revised Proposition 111 Fiscal Year 1996/97 Appropriation Limit as $16,153,314, and WHEREAS, to the best of the City’s knowledge
and belief, the State Department of Finance figures provided to the City in response to Proposition 111 passed by the voters in June 1990, reflects the appropriate statistics relevant
to the calculation of the Fiscal Year 2008/09 Appropriation Limit, which includes: • County population adjustments for the year ended December 31, 2007 equal to 1.72%, and • City population
adjustment for the year ended December 31, 2007 equal to 1.31%, and • Change in California per capita cost of living for fiscal year 2008/09 equal to 4.29% NOW, THEREFORE, BE IT RESOLVED,
that the City Council of the City of Saratoga hereby resolves that, based on the foregoing figures and the provisions of the Article XIIIB of the Constitution of the State of California,
the following figure accurately represents the Fiscal Year 2008/09 Appropriation Limit for the City of Saratoga at: $29,717,961 The above and foregoing resolution was passed and adopted
at a regular meeting of the Saratoga City Council held on the 4th day of June 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________ Ann Waltonsmith, Mayor ATTEST:
_____________________________ Ann Sullivan, Acting City Clerk 76
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: _________ ORIGINATING DEPT: City Manager’s Office CITY MANAGER: PREPARED BY: DEPT HEAD: Ann Sullivan, Acting City Clerk
Dave Anderson, City Manager SUBJECT: Resolution Calling the General Municipal Election – November 4, 2008 RECOMMENDED MOTION: That City Council adopts the Resolution Calling the General
Municipal Election for November 4, 2008. REPORT SUMMARY The following report recommends Council adoption of the attached resolution (Attachment 1), calling the General Municipal Election
for two (2) City Council seats. The resolution specifies the County’s responsibility throughout the filing and election process. An election calendar highlighting dates of interest to
candidates and the public is attached to this report as references. (Attachment 2) DISCUSSION: Pursuant to Election Code commencing with Section 10400, the City Council hereby requests
the Board of Supervisors of the County of Santa Clara to order the consolidation of the general and special municipal election to be conducted within the boundaries of the City of Saratoga
on November 4, 2008, with respect to which the Board of Supervisors of the County of Santa Clara has the power to order a consolidation. The City Council further consents to and orders
the consolidation of the general and special municipal election hereby called with the statewide general election. Upon consolidation, the consolidation election shall be held and conducted,
election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all
other proceedings in connection with the election shall be regulated and done by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of law regulating
consolidated elections. 77
The nomination period for the 2008 General Municipal Election calls for the filing period of July 14, 2008 – August 8, 2008, except that if an incumbent elective officer does not file
within the period, the voters shall have until 5 p.m. on Wednesday August 13, 2008 to nominate candidates other than incumbents. A General Municipal Election hereby is called to be held
in and for the City of Saratoga on Tuesday, November 4, 2008 to elect two (2) Councilmembers, each for a full term of four (4) years. In accordance with the California Elections Code
Section 13307b), the County Registrar of Voters is required to provide all election material to be printed in English and Spanish, including instructions and words to the measure. The
resolution provides the following: 1. Call for the General Municipal Election for election of certain officers for November 4, 2008 to be consolidated with the Santa Clara County Registrar
of Voters. 2. Requests to the governing body of any political subdivision holding elections on November 4, 2008, that such election be consolidated with Saratoga’s Municipal Election,
under the administration of the County of Santa Clara Registrar of Voters office. 3. Determining that the length of candidate’s statements shall not exceed four hundred (400) words in
length, that candidates desiring to distribute a candidate’s statement shall pay the pro rated share of the estimated fee per candidate is $2,600. 4. Under Section 10228 of the Election
Code there is a required filing fee of $25, which covers the City costs of processing nomination paper. FISCAL IMPACT Election costs have risen since the last General Election and the
Registrar of Voters Office estimates the cost of the 2008 Election for the City of Saratoga to be approximately $34,500. The Registrar of Voters has based its increased charges per registered
voter on several factors including: printing of bilingual ballots, publication of legal notices, postal rate increase, cost of living in personnel costs, bilingual recruitment of polling
place workshops in targeted precincts, increased absentee voting, materials and supplies, and DRE (Electronic Voting Equipment Recovery Fee). ADVERTISING, NOTICING AND PUBLIC CONTACT:
Publish Notice of Election in the Saratoga News and posting of the Council Agenda. FOLLOW UP ACTIONS: 2 78
3 A certified copy of adopted Resolution Calling the General and Municipal Election shall be forwarded to the Santa Clara County Board of Supervisors and Santa Clara County Registrar
of Voters no later than July 2, 2008. ATTACHMENTS: 1. Resolution 2. General Municipal Election Calendar 3. Notice of Election for Publication 79
RESOLUTION 08-RESOLUTION OF THE CITY OF SARATOGA ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SARATOGA ON NOVEMBER 4, 2008; FOR THE ELECTION OF CERTAIN
OFFICERS; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATION OF ELECTIONS AND DETERMINING
TO LEVY THE COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT OF CANDIDATES’ FILING FEES; AND PROVIDING FOR GIVING NOTICE OF ELECTION WHEREAS, California Election Code Section 1301 provides
that the general election for the City of Saratoga can be held on the day of the statewide general election; WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code,
a general election may be consolidated with a statewide election; and WHEREAS, a statewide election will be held on November 4, 2008; NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Saratoga: 1. A general municipal election is hereby called to be held in and for the City of Saratoga on Tuesday, November 4, 2008 to elect two (2) Council Members, each
for a full term of four (4) years. 2. Pursuant to Election Code commencing with Section 10400, the City Council hereby request the Board of Supervisors of the County of Santa Clara to
order the consolidation of the general municipal election to be conducted within the boundaries of the City of Saratoga on November 4, 2008, with respect to which the Board of Supervisors
of the County of Santa Clara has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called
with the statewide general election. Upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed,
polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done
by by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of law regulating consolidated elections. 80
3. The City Clerk is hereby authorized and directed to publish a notice of general municipal election within the time and in the manner specified in Elections Code Section 12109. The
City Clerk is further authorized and directed to do all other things required by law to hold the general election above provided. 4. Pursuant to Section 13307 of the Elections Code,
the City Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate’s statement not to exceed four hundred (400) words
in length in the voter’s pamphlet, the actual prorated cost of printing, handling and translating the candidate statement, incurred by the City of Saratoga. The estimated cost per candidate
for a four hundred (400) word candidate’s statement is $2,600, in addition to the $25.00 filing fee. The City Clerk shall provide written notice to such effect with each set of nomination
papers issued and shall require payment of the estimated pro rata share at the time the candidate statement is filed. 5. The City Clerk is hereby authorized and directed to certify to
the adoption of the resolution and to transmit a certified copy to the Board of Supervisors of the County of Santa Clara and to the Registrar of Voters of the County of Santa Clara.
PASSED AND ADOPTED at a regular meeting of the City of Saratoga this 4th day of June 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: SIGNED: __________________________________
ANN WALTONSMITH, MAYOR OF THE CITY OF SARATOGA SARATOGA, CALIFORNIA ATTEST: _________________________________ ANN SULLIVAN, ACTING CITY CLERK OF THE CITY OF SARATOGA SARATOGA, CALIFORNIA
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NOTICE OF ELECTION Notice is hereby given that a General Municipal Election will be held in the City of Saratoga on Tuesday, November 4, 2008, for the following offices; Two (2) Councilmembers,
each for a full four-year term. The polls will be open between the hours of 7:00 a.m. and 8:00 p.m. Individuals interested in running for office may obtain nomination papers from and
file them in the City Clerk’s Office, 13777 Fruitvale Avenue, Saratoga, CA. The nomination period is open from 8:00 a.m. July 14, 2008 through 5:00 p.m. August 8, 2008. Candidates must
be registered voters within the corporate limits of the City of Saratoga. If an incumbent who is eligible to run for office does not file nomination papers by August 8, the deadline
will be extended to August 13, 2008. /s/Ann Sullivan Acting City Clerk (Pub SN 06/18/08) 85
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor DIRECTOR: Dave Anderson ____________________________
SUBJECT: Approval of an Ordinance Requiring Supervision by a Parent or Guardian of Alcoholic Beverage Possession or Consumption by a Person Under Twenty-one and Imposing a Fee for the
Costs of Providing a Second Police Response to Public Disturbances. RECOMMENDED ACTION: ?? Approve the ordinance requiring supervision by a parent or guardian of alcoholic beverage possession
or consumption by a person under twenty-one and imposing a fee for the costs of providing a second police response to public disturbances. BACKGROUND: At its meeting of May 21, 2008
after a pubic hearing the City Council introduced and waived the first reading of the attached ordinance and directed staff to place the matter on the consent calendar for the June 4,
2008 meeting. The attached ordinance would make minor amendments to the City Code to to bring it in conformity to comparable provisions in the Los Gatos and Monte Sereno Codes. This
would help avoid confusion as to the standards applicable to social gatherings in the area. FOLLOW-UP ACTIONS: Publish ordinance in the Saratoga News. ATTACHMENTS: 1. Ordinance. 86
ORDINANCE AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE TO AMEND AND CLARIFY EXISTING PROVISIONS OF THE CITY CODE REQUIRING SUPERVISION BY PARENT OR GUARDIAN OF ALCOHOLIC BEVERAGE
POSSESSION OR CONSUMPTION BY PERSONS UNDER TWENTY-ONE AND IMPOSING A FEE FOR THE COSTS OF PROVIDING A SECOND POLICE RESPONSE TO PUBLIC DISTURBANCES POSING A THREAT TO THE PUBLIC PEACE,
HEALTH, SAFETY OR GENERAL WELFARE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City of Saratoga wishes to discourage underage drinking and to hold the
hosts of parties constituting a public disturbance who fail to respond to police directions such that a second response is required responsible for the costs to the community. THEREFORE
the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below. Words shown in bold underlined text (example) are added
to the Code and words shown in strikeout (example) are deleted from the Code. Words in standard font are unchanged from the existing Code. A. Section 6-15.120 of the City Code is amended
as follows: 6-15.120 Certain social gatherings unlawful. Supervision by parent or guardian of alcoholic beverage possession or consumption by persons under twenty-one. (a) No person
under the age of twenty-one (21) years shall have in his or her possession possess or consume any alcoholic beverage at any place not open to the public, unless that person is being
supervised by his or her the person’s parent or legal guardian. (b) No person shall suffer, permit, allow, or host a social gathering at his or her the person’s place of residence where
one (1) or more persons under the age of twenty-one (21) years are present and alcoholic beverages are in the possession of, or being consumed by, any person under the age of twenty-one
(21) years and there who is not being supervised no supervision by his or her the parent or legal guardian of each of the participants under the age of twenty-one (21). (c) Any violation
of person violating this Section shall constitute section is guilty of a misdemeanor. B. Section 6-15.120 of the City Code is amended as follows: 6-15.130 Disturbance requiring a second
police response. (a) When Where a disturbance occurs at a premises which is determined by a police officer to constitute and a police officer at the scene determines that there is a
threat to the public 1 87
2 peace, health, safety or general welfare, and a second response by police personnel to such disturbance is made, the police personnel utilized during the second response shall be deemed
to be on special security assignment over and above the services normally provided. The the person in charge of the premises and the person responsible for the event, or, if either of
those persons is a minor, then the parents or legal guardians of that minor, shall will be held jointly and severally liable for the cost of providing police personnel on special security
assignment, such cost to be determined according to rates and charges as established from time to time by resolution of the City Council. over and above the services normally provided
by the police. The police personnel utilized during a second response after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed
to be on special security assignment over and above the services normally provided. The costs of such special security assignment shall include the costs of police response, damage to
City property and injuries to City personnel. (b) This section shall not impose a requirement of a second response by police to a disturbance where a determination is made that termination
of the disturbance is necessary on the first response to keep the peace and ensure the health, safety and general welfare of the public. The fees imposed for a second response to such
a disturbance will be established by the City Council by resolution. (c) References to “police” in this Code refer to all deputies of the County Sheriff and other law enforcement officials
performing police services in the City. Section 2. 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 21st
day of May, 2008, and was adopted by the following vote following a second reading on the 4th day of June, 2008: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: ________________________
________ _____________________________ Ann Waltonsmith, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA ACTING CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________
Richard Taylor, CITY ATTORNEY 88
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Shweta Bhatt, Associate Planner DIRECTOR: John
Livingstone SUBJECT: Joint Exercise of Powers Agreement and Cooperation Agreement to undertake activities pursuant to Title I of the Housing and Community Development Act RECOMMENDED
ACTION(S): That the City Council approve the attached resolution authorizing the Mayor to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement (JPA) to undertake
or to assist in the undertaking of essential activities pursuant to Title I of the Housing and Community Development Act, as amended for the period of October 1, 2008 to September 30,
2011. BACKGROUND: The City of Saratoga has participated with Santa Clara County in the Community Development Block Grant (CDBG) Program since 1975. The City of Saratoga is not eligible
to apply directly for CDBG funds because the population is under the 50,000 person threshold. Thus, if the City desires to participate and receive CDBG funds from the County, the City
must enter into a JPA with the County and other participating cities. The current JPA does not expire until September 30, 2008; however, the County has requested a signed commitment
by participating cities by June 20, 2008, so that the signed agreements may be forwarded to HUD in a timely manner. The new JPA has not dramatically changed from the current JPA. It
still covers very basic contract compliance material. The City Attorney reviewed the Agreement and found it to be in order. FISCAL IMPACTS: There is a positive fiscal impact to the City
in signing the JPA for the period of October 1, 2008 to September 30, 2011. The City under the new JPA will be eligible each fiscal year for approximately $140,000 in new CDBG funds
to allocate to eligible CDBG activities. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ALTERNATIVE ACTION(S): Do not participate in the new JPA, thus excluding the City from securing
CDBG funds for eligible housing and community development projects. Page 1 of 2 89
Page 2 of 2 FOLLOW UP ACTION(S): Forward four signed original copies of the JPA and Resolution to Santa Clara County ATTACHMENTS: 1. Resolution 2. Joint Powers Agreement 90
RESOLUTION NO: ____________
RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF SARATOGA TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING
OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR THE PERIOD OF OCTOBER 1, 2008-SEPTEMBER 30, 2011 WHEREAS, Congress has
enacted the Housing and Community Development Act of 1974, as amended; WHEREAS, Title I of the Act provides for a program of Community Development Block Grants; WHEREAS, Title I of the
Act makes entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an urban county; WHEREAS, the City of Saratoga is not eligible
to apply directly for entitlement funds under the Act but may, by entering into a cooperation agreement with County, qualify County as an urban county applicant and may thereby receive
such funds; WHEREAS, the parties hereto wish to enter into an agreement to enable the County of Santa Clara to apply for and receive entitlement funds as an urban county and to establish
the respective rights and obligations of the contracting parties to such funds; NOW, THEREFORE, BE IT RESOLVED that the Saratoga City Council does hereby authorize the City Manager to
enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with the County of Santa Clara. To Undertake or to Assist in the Undertaking of Essential Activities Pursuant
to Title I of the Housing and Community Act of 1974, as Amended for the Period of October 1, 2008 – September 30, 2011. PASSED AND ADOPTED at a regular meeting of the Saratoga City Council
of the City of Saratoga this 4th day of June 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: BY: _____________________________________ _________________________________________
MAYOR (Ann Waltonsmith) City Council ATTEST: _______________________________________ CITY CLERK JPA Resolution 5/21/08 1 County of Santa Clara – Office of Affordable Housing Joint Powers
Agreement Housing and Community Development Program October 1, 2008 – September 30, 2011 5/21/08 91
JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1974, AS AMENDED, FOR THE PERIOD OF OCTOBER 1, 2008 TO SEPTEMBER 30, 2011 This Agreement (“Agreement”) is entered into by and between the County of Santa Clara (”County”) and
Saratoga (“City”) relating to essential community development and housing assistance activities funded by the Federal government. RECITALS a. That Congress has enacted the Housing and
Community Development Act of 1974, as amended; b. That Title I of the Act provides for a program of Community Development Block Grants; c. That Title I of the Act makes entitlement grants
available to cities with a population of 50,000 or more persons and to counties that qualify as an Urban County; d. That City is not eligible to apply directly for entitlement grants
under the Act but may, by entering into a cooperation agreement with County, qualify County as as an Urban County applicant and may thereby receive such funds; e. That the parties hereto
wish to enter into this Agreement to enable the County of Santa Clara to apply for and receive entitlement funds as an Urban County and to establish the respective rights and obligations
of the contracting parties to such funds. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Authorities. This Agreement is made pursuant to Section 6500 et. seq. of the California
Government Code and constitutes an exercise of powers common to both City and County, each being empowered to carry out the purposes of the grant in their own jurisdictions. 1 County
of Santa Clara – Office of Affordable Housing Joint Powers Agreement Housing and Community Development Program October 1, 2008 – September 30, 2011 5/21/08 92
This Agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended. All provisions contained in this Agreement that refer to the Housing and Community
Development Act of 1974, as amended, which provides for the distribution of CDBG funds, shall also refer to the HOME Program under Title II (the Home Investment Partnerships Act) of
the National Affordable Housing Act of 1990, as amended. 2. Definitions. For purposes of simplicity and clearer understanding, some of the definitions below have been shortened or rephrased
from those set forth in the Act and Regulations thereunder. In the event of any conflict between the definitions in this Agreement and those set forth in the Act and Regulations, the
latter shall govern. a. “Act”: Title I of the Housing and Community Development Act of 1974, P.L. 93-383, as amended. b. “Applicant”: the County of Santa Clara applying as an Urban County.
c. “Regulations”: the rules and regulations of the U.S. Department of Housing and Urban Development; particular reference is made to those regulations stated in 24 Code of Federal Regulations
Part 570 (containing the general regulations of Community Development Block Grants) and Part 58 (containing the regulations on the Federal Environmental Review Procedures). d. “County”:
the County of Santa Clara through action by its Board of Supervisors. e. “Board of Supervisors”: the County’s legislative body which is the legal recipient of the Community Development
Block Grant from HUD and is legally responsible for the administration of the Urban County HCD Program. f. “City”: is the city or town that is a party to this Agreement; such city or
town may be referred to as a “Non-Entitlement City,” that is, a city which cannot directly apply for or receive funds through cooperation agreements with the HUD. g. “Urban County”:
a county that is (1) in a metropolitan area; County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 2 Housing and Community Development Program October 1, 2005 –
September 30, 2008 5/21/08 93
(2) authorized by state law to undertake essential community development and housing assistance activities within its unincorporated areas, and (3) has a population of 200,000 or more
within its unincorporated areas and units of general local government (cities) within the county with which it entered into cooperation agreements to undertake or to assist in the undertaking
of eligible activities. h. “Urban County Staff”: HCD staff persons of the County and cities participating in the Urban County HCD Program. i. “Application”: the application for a grant
to be submitted by the County, as an Urban County, for entitlement funds under Title I of the Act. j. “HUD”: the United States Department of Housing and Urban Development. k. “HCD”:
Housing and Community Development, the Urban County’s program to address housing and community development needs of lower income persons in the County of Santa Clara. l. “CDBG”: Community
Development Block Grant, a federal program administered by HUD which provides funding to eligible entitlement Cities and Urban Counties to address housing and community development needs
of lower income persons. m. “Grant”: the CDBG funds allocated by HUD to the County of Santa Clara as the legal recipient of the Community Development Block Grant for the Urban County.
n. “HOME”: the HOME Investment Partnership Program, a federal program administered by HUD to assist in addressing the affordable housing needs of lower income persons in Santa Clara
County through such means as new housing development and construction; acquisition and rehabilitation of existing housing units; and provision of emergency rent subsidies. o. “HCD Advisory
Committee”: an advisory committee established by the Board of Supervisors of the County to advise the Board of Supervisors on CDBG and HOME funding activities. Its role is to recommend
policies to the Board of Supervisors on the planning, monitoring, and evaluation of the CDBG and HOME-funded projects of the HCD Program and the development of a comprehensive coordinated
coordinated housing and community County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 3 Housing and Community Development Program October 1, 2005 – September
30, 2008 5/21/08 94
development plan, as well as recommend awarding loans and grants to agencies and non-profit organizations. p. “Public Participation Plan”: the plan adopted by the Board of Supervisors
of the County which outlines the opportunities and process for citizen input on matters pertaining to planning, monitoring, and evaluation of the Urban County HCD projects. q. “Project
Proposals”: requests for an allocation of CDBG or HOME funds submitted by eligible applicants to implement specific eligible CDBG or HOME activities, as defined by HUD. r. “Consolidated
Plan”: describes the housing conditions and goals to address the housing needs of lower income persons, and identifies specific housing actions to be taken by the Urban County to address
its housing needs. The Consolidated Plan also serves as a guide for HUD in the distribution of assisted housing resources to communities. s. “OAH”: Office of Affordable Housing, the
office established by the County of Santa Clara Board of Supervisors to operate the County’s housing programs and to assist in the development of affordable housing for low and lower
income residents of Santa Clara County. 3. Purpose of Agreement. This Agreement is formed to meet the requirements and purposes of the Act and Regulations with respect to the application
for an entitlement grant pursuant to Title I of the Act and to establish the respective rights of the parties to such grant. The purpose of this Agreement shall be accomplished in the
manner hereinafter set forth. 4. Cooperation Agreement. a. The parties hereto agree to cooperate in undertaking, or assist in the undertaking of essential activities as defined in the
Act and Regulations thereunder for the term of this Agreement. More specifically, the parties hereto agree to cooperate in undertaking, or to assist in the undertaking, community renewal
and lower income housing assistance activities. b. City and County will take all actions within their power to assure compliance with the Urban County’s certification required by Section
County of of Santa Clara – Office of Affordable Housing Joint Powers Agreement 4 Housing and Community Development Program October 1, 2005 – September 30, 2008 5/21/08 95
104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including provisions of Title VI of the Civil Rights Act of 1964; Title VIII of the Civil Rights Act
of 1968; Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws and requirements of the application and grant. c. City and County agree,
pursuant to 24 CFR 570.501(b) that cities are subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503.
City understands and agrees that should it fail to comply with such requirements or with the terms of this Agreement, that funds which may be allocated to City during the effective dates
of this Agreement may be terminated, or reduced or otherwise limited in accordance with the Act and Regulations. d. All units of general local government participating in this Agreement
understand and agree that they may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the period in which they are participating
in the Urban County’s CDBG Program. e. All units of general local government (i.e. Cities and the County) participating in this Agreement understand and agree that they may not participate
in a HOME program except through the Urban County. f. The County will submit to the City the Joint Exercise of Powers Agreement and Cooperation Agreement to be signed by the City if
it chooses to participate in the Urban County Program. If a City decides not to participate in the Urban County program by not signing a Joint Exercise of Powers Agreement and Cooperation
Agreement, it may not be eligible to receive Urban County entitlement CDBG funding for three successive program years commencing on October 1, 2008 and ending September 30, 2011. g.
Upon qualifying, the County will remain an Urban County (including its unincorporated areas and the included units of general local government) for a period of three years. That is,
during the three year qualification period no included units of general local government can be removed from the Urban County, nor can any additional units of general local government
generally be included in the Urban County during that period. To assure that included units of general local government remain an effective part of the Urban County for the entire three
year qualification County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 5 Housing and Community Development Program October 1, 2005 – September 30, 2008 5/21/08
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period, this cooperation Agreement between the Urban County and its included units of general local government covers three successive program years. h. All units of general local government
participating in this Agreement understand and agree that this Agreement remains in effect until the CDBG and HOME funds and income received with respect to the threeyear qualification
period (and in any successive qualification periods under agreements that provide for automatic renewals) are expended and the funded activities completed, and that the County and participating
units of general local government may not terminate or withdraw from this Agreement while this Agreement remains in effect. i. All units of general local government participating in
this Agreement have adopted and are enforcing a policy prohibiting the use of excessive force by law enforcement agencies within their own jurisdiction against any individuals engaged
in non-violent civil rights demonstrations. j. All units of general local government participating in this Agreement have adopted and are enforcing a policy of enforcing applicable state
and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 5.
Administration of Agreement. a. The officers and agents of both parties will cooperate in furnishing information and assistance necessary for the preparation, completion and filing of
the County’s application with HUD in accordance with the requirements of the Act and the Regulations. In accordance with such cooperation, the City shall annually furnish the County
with the City’s local plan and process for citizen participation in the development of the City’s project proposals requested to be funded with Urban County CDBG funds. The City’s local
citizen participation commitments will be incorporated into the official Urban County Public Participation Plan. b. The City shall, prior to the final project proposal submission deadline
approved by the County, submit project proposal requests for CDBG funding to the County in the format developed by the County. These project proposals will include a description of the
project’s activities, the Urban County’s need the project is addressing, a detailed time schedule for the implementation of the project’s activities, and other data items County of Santa
Clara – Office of Affordable Housing Joint Powers Agreement 6 Housing and Community Development Program October 1, 2005 – September 30, 2008 5/21/08 97
needed in the evaluation of the project proposal. These project proposals must be formally approved by the City council for transmittal to the County and be developed and reviewed during
the local citizen participation process. c. The City shall submit to the County all necessary information required for the completion of a Consolidated Plan in the form required by HUD.
This information will detail the City’s commitments to providing housing assistance to low and very low income persons within the City. The local commitments to housing assistance by
the cities will be incorporated into the Urban County’s Consolidated Plan, which will be reviewed by HUD to determine the local commitments to address housing needs of low to very low
income persons. d. The County shall not alter or amend the information furnished to County by cities in compliance with the Act and Regulations and consistent with identified Urban County
needs and priorities, the County shall have full authority and necessary control of the preparation and filing of it’s Application for Federal Assistance to HUD and of other papers and
documents in support thereof. 6. Term of Agreement. This Agreement shall become effective upon full execution by the governing bodies of County and of City and it shall remain in full
force and effect through September 30, 2011. 7. Project Proposals. Any and all project proposals for eligible HCD activities totally within the sphere of influence of a city must be
submitted to the City and considered as a part of the City’s project proposal development process. No project proposals may be submitted directly to the County by applicants other than
cities for activities to be conducted totally within the sphere of influence of a city unless applicant has notified the City of their intentions in writing. Project proposals of a countywide
nature may be submitted directly to the County during its funding cycle. Cities shall have the right to review and comment on all project proposals for the funding of countywide HCD
eligible activities. County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 7 Housing and Community Development Program October 1, 2005 – September 30, 2008 5/21/08
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8. Grant Disbursement. a. City understands and agrees that CDBG and HOME funds disbursed under this Agreement are the obligation of County and that such obligation of the County is dependent
upon the qualification of the County as an Urban County applicant and upon the availability of federal funds to implement Title I of the Act. Funds disbursed to the City will be expended
on eligible activities which have been approved by the Board of Supervisors and described in the adopted Urban County HCD Plan. The HCD Plan includes a description of prioritized needs,
strategies to address the needs, and a project funding submission and evaluation process. This process will be used to evaluate all project proposals according to their ability to address
the adopted, prioritized needs and other criteria described in the adopted Urban County HCD Plan. Parties hereto agree that Urban County funding will be prohibited for activities in
or in support of any participating City that does not affirmatively further fair housing housing within its own jurisdiction or that impedes the County’s actions to comply with its fair
housing certification. b. Housing has been identified as the highest priority need within the Urban County by the HCD Advisory Committee and the Board of Supervisors; therefore, the
City and the County agree that all funds allocated on a competitive basis will be utilized for housing activities as set forth below. Housing needs include but are not limited to housing
rehabilitation, activities to increase the supply of new affordable housing, and housingrelated services which increase the availability and/or affordability of new and existing housing.
c. After the deadline for submission of project proposals, the Urban County staff, composed of members of the County and City HCD staffs, will evaluate the project proposals according
to the approved criteria and make recommendations on projects to be funded. These recommendations will be reviewed by the HCD Advisory Committee and the Board of Supervisors. d. The
Urban County staff report and the HCD Advisory Committee recommendations will be reviewed at a public hearing before the Board of Supervisors. Should there be a difference of opinion
between the HCD Advisory Committee and the Board of Supervisors on projects to be funded, the HCD Advisory Committee and the Board of Supervisors will hold meetings to resolve the differences.
The meetings will continue until County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 8 Housing and Community Development Program October 1, 2005 – September 30,
2008 5/21/08 99
mutual agreement is reached. Voting separately, when a majority of the HCD Advisory Committee and a majority of the Board of Supervisors vote to accept specific project proposals, mutual
agreement is achieved. It is understood and agreed that as legal recipient of the grant, the County, through its Board of Supervisors, must officially approve the mutually agreed upon
project proposals to be included in the application in order to ensure that the program submitted to HUD is consistent with the County’s adopted housing and community development plan.
e. Upon approval of the CDBG and HOME application and the release of funds by HUD, the City may begin implementation of approved activities. Information on the progress of approved activities
will be submitted to the County on a quarterly basis during the program year the activities are being carried out. This information will be included in the Urban County’s monitoring
reports which are reviewed by HUD during the program year. Projects which fail to meet schedules according to the approved time schedule will be evaluated according to the process detailed
in the approved Urban County CDBG and HOME Reprogramming Guidelines. 9. Areas of Housing Authority Operation. Nothing herein shall affect the rights and obligations of the parties with
respect to any agreement which the City may have with the Housing Authority of the County of Santa Clara (HACSC). 10. Services, Equipment and Property; Reimbursement. County shall provide
or be primarily responsible for providing the services, equipment and other property necessary for the planning, preparation and filing of the CDBG application and for the administration
of the grant funds subject to the right of the County to seek reimbursement for actual expenses and costs of furnishing such services, equipment and property. Subject to the provisions
of the application or of the grant award made thereon, all property furnished by County as herein-above described shall belong to County during the term of this Agreement and after its
termination. At the termination of the CDBG program, all property and equipment acquired with CDBG funds will be subject to the requirements and conditions of OMB Circular A-102 Attachment
N, Property Management Standards. County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 9 Housing and Community Development Program October 1, 2005 – September
30, 2008 5/21/08 100
11. Program Income. a. The City shall report to the County any gross income directly generated from the use of CDBG funds. b. Any such program income generated by the City must be reported
to the County and may be either paid to the County or the City may retain the program income subject to requirements set forth in Santa Clara County Community Development Block Grant
Program Reallocation Guidelines and in accordance with all CDBG requirements. c. Any program income the City is authorized to retain may only be used for eligible activities in accordance
with all CDBG requirements as may apply. d. The County has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate
record keeping and reporting by the City as may be needed for this purpose. e. In the event of close-out or change in status of the City, any program income that is on hand or received
subsequent to close-out or change in status shall be paid to the County, with the exception of of program income generated by an approved rehabilitation program and held in a revolving
loan fund. Such revolving loan fund amounts shall be maintained and used for housing rehabilitation activities that meet all existing and subsequent HUD regulations and requirements.
All rehabilitation activities must benefit low and moderate income households. The purpose of this provision is to enable the City to continue a housing rehabilitation program in the
event of close-out or a change in status of the City. Such program income shall not be used for any purpose other than housing rehabilitation for the benefit of low and very low income
households. On an annual basis the City shall submit to the County written certification that such program income shall be used for these established housing rehabilitation purposes.
12. Revolving Loan Fund. a. The City is allowed to retain a separate fund in conjunction with a single family home rehabilitation program for eligible activities in accordance with all
CDBG requirements as may apply. The Revolving Loan Fund County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 10 Housing and Community Development Program October
1, 2005 – September 30, 2008 5/21/08 101
cash balance must be held in an interest bearing account and the interest must be remitted to the County annually. The County, in turn, remits the interest to HUD. b. Eligible activities
may be funded only through loans, which, in turn, generate payments to the fund for use in carrying out the same activities. 13. Records. City and County shall maintain appropriate books,
records, files, and accounts relating to the receipt and disbursement of the grant funds, including records in accordance with 24 CFR Sec 570.503 as they relate to the application, acceptance,
and use of federal funds for this federally assisted program and any other records imposed by County’s contract with HUD. All such books, records, files and accounts shall be made available
for inspection at reasonable times and places by authorized representatives of City, County, and Department of Housing and Urban Development or any other person authorized by the Act
or the Regulations. 14. County Disbursement of Funds. The Director of Finance of the County shall receive and have custody of all funds until disbursal of such funds to be made in a
manner designated by the County. County shall, by a date no later than 7 days after receipt of the current year funding money, notify City of the manner of disbursal of such funds. 15.
Contractual Obligations. It is expressly understood and agreed that, as the applicant to HUD, County must take the full responsibility and assume all obligations of an applicant under
the Act and that HUD will look only to the County in this regard. However, County assumes no responsibility nor liability towards City for any failure to include City in the application
as a result of City’s failure to supply County with information necessary to prepare and file the application, or as a result of City’s failure to supply County with such information,
upon designated dates, or as a result of City’s failure to comply with the Act and the Regulations. 16. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which
might otherwise be imposed between the Parties pursuant to Government code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro
rata but instead the County and City agree that pursuant to Government Code Section 895.4, County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 11 Housing and
Community Development Program October 1, 2005 – September 30, 2008 5/21/08 102
each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage
or liability imposed for injury (as defined by Government code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party,
its officers, employees or agents, under or in connection with or arising out of any performance of obligations required by this Agreement, the Act, Application, Regulations or other
applicable laws relating to this Agreement delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any
damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officer, board members, employees or agents, under
or in connection with or arising out of any performance of obligations required by
this Agreement, the the Act, Application, Regulations or other applicable laws relating to this Agreement delegated to such other parties under this Agreement. 17. Discretionary Actions.
Nothing herein contained shall be construed to prohibit the City from exercising its discretion on any legislative quasi-judicial and/or administrative matter (including but not limited
to any action involving zoning of General Plan amendments). Nothing herein shall compel the City to take any action on any matter save and except as expressly required in this Agreement.
It is understood and agreed that the City does not by this Agreement commit itself or delegate the exercise of any of its police powers in any matter whatsoever save and except as expressly
set forth in this Agreement. 18. Timeliness. When any action is required hereunder upon request for action on a document or material furnished by the County to the City said request
for action on a document or material shall be furnished at least 30 days prior to the date said action is required in order to allow sufficient time for the City to review and act on
said document or material. Time is of the essence in this Agreement. 19. Severability. Should any part, term, provision of this Agreement be judicially determined to be illegal or in
conflict with any law of the State of California or any law of the United States, or should any part, term, or provision of this Agreement be otherwise rendered unenforceable or ineffectual,
the validity of the remaining portions or provisions shall not be affected thereby. County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 12 Housing and Community
Development Program October 1, 2005 – September 30, 2008 5/21/08 103
20. Section Headings. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement.
21. Notices. Any notice, tender, or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by certified mail, return receipt requested.
Mailed notices shall be addressed as set forth below. Each party may change its address by written notice in accordance with this Section. IN WITNESS WHEREOF, parties hereto have executed
this Agreement on the dates set forth below. CITY/TOWN OF SARATOGA COUNTY OF SANTA CLARA By: ____________________________ By: ________________________ ____________________________ ___________________
_______ Ann Waltonsmith, Mayor Pete McHugh, Chair City Council Board of Supervisors Attest: Attest: By: ___________________________ By: ___________________________ City Clerk Clerk,
Board of Supervisors Approved as to form and legality: Approved as to form and legality: By: ___________________________ By: ___________________________ City Attorney Deputy County Counsel
Date: __________________________ jnb/jpa 2009 – 2011 Final -5/21/08 County of Santa Clara – Office of Affordable Housing Joint Powers Agreement 13 Housing and Community Development Program
October 1, 2005 – September 30, 2008 5/21/08 104
County of Santa Clara – Office of Affordable Housing Joint Powers Agreement Housing and Community Development Program October 1, 2005 – September 30, 2008 5/21/08 14 105
sSARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: PREPARED BY: DEPT HEAD: Ann Sullivan, Acting City Clerk Dave Anderson,
City Manager SUBJECT: Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) RECOMMENDED ACTION: Open public hearing; listen to public testimony;
and close public hearing. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). REPORT SUMMARY: The focus of this program is the identification
of perennial vegetation, brush, trees, and shrubs in designated high fire hazard areas and removal according to fire department requirements to lower the threat of wildfire in the hillside
areas. The required posting and publishing for this hearing has been done. Property owners have been noticed by mail by the Santa Clara County Fire Department to remove brush in accordance
with fire safety standards. Those properties not in compliance are listed in Attachment B. Council is considering authorizing the Office of the Agricultural Commissioner to enter such
properties, abate the nuisance and place the cost of abatement on a lien against their property. This hearing is an opportunity for those objecting to the potential charges to come forward
and be heard. The City annually declares hazardous vegetation (brush) a nuisance due to fire danger and enters into a contract (along with other municipalities) with the Office of the
Agricultural Commissioner to abate the hazardous vegetation (brush) not removed by property owners. FISCAL IMPACTS: None to the City. Office of the Agricultural Commissioner covers its
costs from administrative portion of fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Abatement process by the Office of the Agricultural Commissioner
will not proceed. It would be necessary to depend upon the property owners to take care of their own abatement. ALTERNATIVE ACTION: None. FOLLOW UP ACTION: Upon adoption, the Office
of the Agricultural Commissioner will begin abatement. 106
ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Mercury News as required by law. ATTACHMENTS: Attachment A – Resolution Attachment B – Letter
from Santa Clara County Fire Department to property owners Attachment C– Legal Notification to Public Attachment D – 2008 Brush Program Commencement Report 107
RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE WHEREAS, hazardous
vegetation (brush) is declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which they
are removed if the owners thereof fail to do so; and WHEREAS, the County Fire Marshall has given Notice to all property owners found in noncompliance; and WHEREAS, pursuant to said resolution
and notice, the Saratoga City Council conducted a public hearing this date with respect thereto, at which time all property owners having any objections to the proposed destruction or
removal of such attest: RESOLVED, by the City Council of the City of Saratoga hazardous vegetation (brush) is declared a nuisance and will be abated by the Office of the Agricultural
Commissioner and the cost thereof made a lien upon the private properties from which they are removed if the owners thereof fail to do so, and a hearing was held on June 4, 2008, during
which all property owners having any objections to the proposed destruction or removal of such hazardous vegetation (brush) were heard and given due consideration; and NOW, THEREFORE,
IT IS ORDERED by the City Council of the City of Saratoga, that hazardous vegetation (brush) is authorized to be abated by the Office of the Agricultural Commissioner and the cost thereof
made a lien upon the private properties from which they are removed if the owners thereof fail to do so. The above and foregoing resolution was passed and adopted by the Saratoga City
Council at a regular meeting held on the 4th day of June 2008, by the following vote: AYES: NAYES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Ann Sullivan, Acting City Clerk 108
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SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Adoption
of Fiscal Year 2008/09 Operating & Capital Budget RECOMMENDED ACTION Adopt resolution approving the Proposed FY 2008/09 Operating and Capital Budgets, directing staff to incorporate
within the final adopted budget any changes related to minor corrections, carryforward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations,
or additional direction from Council upon adoption of the budget. BACKGROUND The City’s Proposed Operating and Capital Budgets reflect both revenue and expenditure appropriations within
the General Fund, Special Revenue Funds, Internal Service Funds, several Trust and Debt Service Funds, and the Capital Improvement Funds to provide for the City’s service operations,
administration, obligations, and infrastructure improvement projects. The City’s Operating Budget document is structured into a departmental format which defines departmental oversight,
key program services, and significant projects or initiatives for the fiscal year. Summary level revenue and expenditure budget appropriations and assigned personnel schedules for proposed,
current and prior years are included within each departmental program to identify the resources used to provide these services and operations, and for historical reference. The City’s
Capital Budget document is structured into four program areas, (Streets, Parks & Trails, Facilities, and Administrative Projects) which are then categorized by the type of infrastructure
improvement, and then further by facility or site in the Parks & Trails and Facilities Programs. Capital Improvement Projects represent a multi-year plan for major capital expenditures
and related funding sources, to improve and maintain the various types of City’s infrastructure. The Financial Summaries section of the budget document, compiles the individual financial
and staffing information into summary schedules to provide users with an overview of funding sources and uses from different perspectives, including departmental, fund type, and category.
REPORT DISCUSSION A public hearing was held on May 21, 2008 to review the City of Saratoga’s Proposed FY 2008/09 Operating and Capital Budget and obtain community input. The FY 2008/09
Proposed Operating Budget sustains service levels, operations, and obligations as are currently in place, with few changes other than escalating operating cost and contract and consultant
service increases the City grapples with each year. Notable additions to the FY 2008/09 operating budget includes $40,000 budgeted for the City’s biennial 113
election costs and another $40,000 budgeted for an update of the 1995 Village Economic Development study. Notable operating budget reductions include the elimination of an Engineer position,
the underfilling of the IT Technician position with an IT Intern for the fiscal year, and downgrading one Recreation Supervisor to a Recreation Coordinator position. Staff continues
to seek out opportunities to increase operational efficiencies and reduce service costs on an ongoing basis, in order to provide the best use of City resources. Budget Hearing Follow-Up
With the review and consideration of the proposed budget on May 21st, Council requested follow-up information be provided for the following: 1. Identify the City’s revenue share from
Property Taxes paid by Saratoga residents The City receives approximately 5.45% of the 1% Ad Valorem Property Tax rate paid by Saratoga residents to the County. (About 5 ½ cents of every
dollar paid for Property Tax.) The amount of Property Tax receipts is lower than the 7% minimum services City tax rate due to the State’s ERAF and AB8 allocation funding shifts. The
City’s 5.45% in the schedule below represents the largest tax rate area in the City based on the 1% Ad Valorem Property Tax (excludes bonds and special assessment taxes). The City of
Saratoga has 56 separate tax rate areas that have slightly different tax rates, resulting from the allocations for different local agency jurisdictions. Property Tax Allocation Schedule
Per Santa Clara County FY 2007/08 Property Tax Rate Book Estimates Agency Allocation % Allocatio $ Schools 54.24% 50,603,800 Santa Clara County 13.00% 12,132,400 ERAF 10.75% 10,030,400
Saratoga Fire District 10.23% 9,544,800 City of Saratoga 5.45% 5,089,500 Other Special Districts 4.71% 4,397,300 Santa Clara Valley Water District 1.61% 1,501,500 Totals 100.00% 93,299,600n
FY 2007/08 Saratoga Property Tax Allocations *per SCC estimated assessments $1,501,500 $4,397,300 $9,544,800 $10,030,400 $12,132,400 $5,089,500 $50,603,800 0 1 0,000,00 0 20,000,0 00
30,000,0 00 40,000,0 00 50,000,0 00 60,000,0 00 SCVWD Other Special Districts City of Saratoga Saratoga Fire District ERAF Santa Clara County Schools 114
2. Identify reason for the Training & Meetings category increase (from FY 2007/08 budget of $186,500 to FY 2008/09 budget of $246,500) The increase reflected a categorization error in
this schedule – approximately $70,000 of budgeted expenditures were incorrectly linked to the Training & Meetings category. The schedule was corrected to reflect budgeted expenditures
into their appropriate categories (i.e. fees & charges). 3. Identify Recreation Department’s Cost Recovery breakdown Under past Council direction, the Recreation Department has worked
under a modified 100% cost recovery mandate. The cost recovery mandate as presented under the prior financial structure allowed for the offset of recreation service’s expenditures against
the department’s General Fund revenues, exempting the Teens Program and Facilities Program expenditures. Under this modified cost recovery, the department reflects better than 100% cost
recovery – there is a net operating profit, as illustrated below. Departmental Revenues Recreation Services 8 37,000 Teen Services 2 0,000 Facility Services 1 75,000 Total Departmental
Revenues 1 ,032,000 Departmental Expenditures (net of exempt expenditures) Recreation Services (net of indirect expenses) 1 ,004,731 Teen Services exempt Facility Services exempt Total
Departmental Expenditures 1 ,004,731 Net Cost Recovery 2 7,269 Recreation Cost Recovery Breakdown FY 2008/09 4. Incorporated the following presentation changes for current and future
proposed and adopted budget document presentations: a. Include explanatory note in the Prior Year Accounting Structure Comparison graph b. Include use of carryforward and designated
funds in the General Fund revenue schedules c. Include use of pie charts in General Fund graphs d. Correct prior year Community Events funding schedule amounts and allocation as annual
grant amounts 5. Under Community Grants: a. Carryforward the remaining Council Discretionary Funds ($22,068) to an unspecified grant recipient appropriation until allocation decision
made by Council in FY 2008/09 To be reflected in the carryforward funding and expenditure appropriations schedule in adopted budget b. For future years budget process, Council to appropriate
the (City funded) Community Grant amount to match the CDBG Public Service Grant amount, and subsequently allocate Community Grant funds as a follow-up to the CDBG hearing process. To
be incorporated into next year’s CDBG and budget process 115
6. Council established the following budget policies (the first two policies to be incorporated effective with the FY 20008/09 budget, and the third was set as a standard year-end fund
balance distribution policy for future years budget)s: a. Establish CIP Streets /Pavement Management program funding goal of $1,000,000 b. Revert $300,000 appropriation from TEA proceeds
transferred to CIP Streets/Pavement Management program back to General Fund c. Establish Year End Fund Balance reserves to be distributed as follows: ? Fund the Undesignated Fund Balance
at $500,000 ? Divide remaining Year End undesignated funds between Designated for Capital Projects and Designated for Operational Efficiencies FY 2008/09 Budget Appropriations The Operating
& Capital Budget’s Financial Summaries include schedules which illustrate summary level revenue and expenditures information. This first schedule on the following page illustrates the
City’s total activity by fund within the fund groups, beginning with July 1, 2008 estimated fund balance, adding and subtracting all budgeted activity, and ending with the June 30, 2009
estimated fund balance. This Total Fund Summary schedule categorizes the City’s different funds by function. Operating Funds support the City’s general operations, restricted revenue
programs and services, and internal support services. Debt Service Funds account for the funding and payment of the City’s bond debt, and Trust & Agency Funds account for funds held
in a trustee capacity; not to be used for City purposes. Capital Funds are used to account for major acquisition and construction expenditures, in order to separate onetime activity
from ongoing operating activities. As shown, the budgeted Total Revenues and Transfers-In exceed Total Expenditures and Transfers-Out in FY 2008/09. However, this may not occur each
year as funds other than the General Fund may be budgeted at a net operating loss. This would occur, for example, in a replacement Internal Service Fund, where funding receipts may be
less than amounts budgeted for replacement during a fiscal year. Of particular note on this schedule, is that the Capital Projects Funds reflect preliminary information at this time.
If Council provides further direction with adoption of the budget, additional projects or funding allocations will be incorporated into the CIP final budget. And, as funding allows,
projects may be added during the fiscal year through budget adjustments. Also of note in this category, is that CIP funds are considered multi-year operations, whereas the other fund
types are annual operating budgets. In a Capital Budget, year-end project balances are automatically carried forward as appropriations into the following fiscal year. Therefore, the
expenditure and/or completion of projects and the funding allocated to the projects are unknown and variable at budget time. As shown in this schedule, and for presentation simplicity,
only the proposed year’s revenues are shown as expended during the fiscal year. Actual expenditures are expected to vary from budget. 116
Total Fund Summary Source and Use of Funds Revenues Expenditures Use of Estimated Fund Balance & & Carryforward /Fund Balance Fund Category 7/1/2008 Transfers In Transfers Out Fund Balance
6/30/2009 Operating Funds General Fund Primary General Fund $ 6 ,585,262 $ 1 7,099,596 $ 1 7,086,338 $ 1 25,000 $ 6 ,723,520 Development Reserve Fund 6 21,711 --(50,000) 5 71,711 Environmental
Reserve Fund 6 79,917 --(75,000) 6 04,917 Special Revenue Funds Landscape & Lighting Districts 6 5,603 4 47,150 4 42,896 -6 9,857 CDBG Program Fund -1 40,203 1 40,203 --Housing & Rehabilitation
Pgm 8 9,588 1 3,000 1 3,000 -8 9,588 Internal Service Funds Equipment Replacement Funds 7 5,358 2 00,000 1 36,500 -1 38,858 IT Equipment Replacement 1 2 35,973 5 1,303 5 5,400 -2 31,876
Building Maintenance 4 9,623 8 07,081 8 07,081 -4 9,623 Equipment Maintenance 1 4,229 2 64,000 2 47,905 -3 0,324 IT Services 2 9,262 4 03,946 4 03,946 -2 9,262 Office Stores Fund 1 0,000
6 7,000 6 0,000 -1 7,000 Risk Management/Liability Ins 5 4,703 3 42,468 3 3 36,268 -6 0,903 Workers Compensation 3 8,013 2 70,920 2 60,920 -4 8,013 Total Operating Funds $ 8 ,549,243
$ 2 0,106,667 $ 1 9,990,457 $ -$ 8 ,665,453 Debt Service 2001 Series GO Bonds 7 41,357 1 ,015,000 1 ,017,956 -7 38,401 Total Debt Service $ 7 41,357 $ 1 ,015,000 $ 1 ,017,956 $ -$ 7
38,401 Trust & Agency Funds Library Capital Improvement 2 6 42,554 1 9,500 5 0,000 -6 12,054 KSAR 3 7,362 4 2,500 4 2,500 -3 7,362 Total Trust & Agency Funds $ 6 79,916 $ 6 2,000 $ 9
2,500 $ -$ 6 49,416 Capital Funds 3 Street Projects 7,062,136 1 ,949,993 1 ,949,993 -7 ,062,136 Park & Trail Projects 4,051,637 ---4 ,051,637 Facility Projects 339,429 1 66,607 1 66,607
-3 39,429 Administrative Projects 168,634 1 10,000 1 10,000 -1 68,634 Total Capital Funds $ 1 1,621,836 $ 2 ,226,600 $ 2 ,226,600 $ -$ 1 1,621,836 TOTAL ALL FUNDS $ 2 1,592,352 $ 2 3,410,267
$ 2 3,327,513 $ -$ 2 1,675,105 117
General Fund The General Fund is the main operating fund used to account for the majority of the City’s operations. The following two charts provide a graphical overview of the FY 2008/09
budgetary appropriations for General Fund revenues and expenditures by category. The schedules below each graph provide summary level financial data for the proposed budget year (gray
column), as well as the current and two prior fiscal years for historical reference. General Fund Revenues & Transfers In By Category FY 2008/09 Property Tax in Lieu of VLF 14.0% Property
Tax 33.7% Sales Tax 5.8% Franchise Fee Tax 9.4% Fund Transfers In 0.9% Other Sources 1.5% Interest & Rental Income 5.3% Charge for Services 12% Intergovtl 3% Fees, Licenses & Permits
11% Business/Other Taxes 2.9% Transient Occupancy Tax 1.0% FY 2005/06 FY 2006/07 FY 2007/08 FY 2007/08 FY 2008/09 2008/09 Revenue Category Actuals Actuals Adjusted Estimated Proposed
% Property Tax $ 4,017,306 $ 5,422,446 $ 5,303,000 $ 5,583,951 $ 5,770,000 33.7% Property Tax in in Lieu of VLF 2,124,059 2,154,998 2,200,000 2,410,475 2,400,000 14.0% Sales Tax 988,132
994,680 985,900 985,900 986,000 5.8% Franchise Fee Tax 1,040,424 1,187,806 1,599,335 1,601,704 1,604,000 9.4% Transient Occupancy Tax 163,222 195,261 165,000 170,000 170,000 1.0% Business/Other
Taxes 635,158 510,063 570,000 495,000 500,000 2.9% Fees, Licenses & Permits 1,647,702 1,512,578 1,418,140 1,622,975 1,832,975 10.7% Intergovernmental 1,005,157 546,893 428,144 464,697
480,700 2.8% Charge for Services 2,770,535 2,330,748 2,200,500 1,685,896 2,036,500 11.9% Interest & Rental Income 707,530 825,566 1,041,516 991,589 908,489 5.3% Other Sources 367,948
531,667 244,600 280,150 257,200 1.5% Total Revenues $ 15,467,173 $ 16,212,706 $ 16,156,135 $ 16,292,337 $ 16,945,864 99.1% Fund Transfers In 698,882 671,046 150,011 165,011 153,732 0.9%
Total Revenues & Transfers $ 16,166,055 $ 16,883,752 $ 16,306,146 $ 16,457,348 $ 17,099,596 100.0% Funding from Use of Deposits/Carryforwards/Designated Funds Theater Surcharge Deposit
-----43,500 Funding Carryforward --80,000 80,000 48,500 Designated for Development --99,447 99,447 75,000 Designated for Environmental --40,000 40,000 50,000 Designated for CIP -110,000
Total Operating Sources 16,166,055 16,883,752 16,525,593 16,676,795 17,426,596 118
General Fund Expenditures & Transfers Out By Category FY 2008/09 Materials & Supplies 1.7% Fees & Charges 4.6% Consultant & Contract Services 37.2% Fund Transfers Out: 1.5% Internal
Serv ices Charges 12.8% Community Grants & Events 1.2% Meetings, Events & Training 0.9% Salary & Benefits 40.1% FY 2005/06 FY 2006/07 FY 2007/08 FY 2007/08 FY 2008/09 FY 2008/09 Expenditure
Category Actuals Actuals Adjusted Estimated Proposed % Salary & Benefits $ 4,789,125 $ 5,498,589 $ 6,452,445 $ 6,242,201 $ 6,855,135 40.1% Materials & Supplies 262,208 367,590 321,075
319,517 284,525 1.7% Fees & Charges 788,502 755,036 723,335 679,827 790,054 4.6% Consultant & Contract Services 5,562,330 6,010,291 6,130,317 5,710,221 6,350,268 37.2% Meetings, Events
& Training 123,364 152,940 175,950 125,676 160,050 0.9% Community Grants & Events 123,867 177,045 195,686 198,186 203,464 1.2% Infrastructure/Bldg Projects 296,341 1,439,066 ---0.0%
Fixed Assets 1,366 204,913 32,000 17,450 -0.0% Internal Services Charges 85,600 55,600 2,053,479 2,053,479 2,189,342 12.8% Total Expenditures $ 12,032,703 $ 14,661,070 $ 16,084,287 $
15,346,557 $ 16,832,838 98.5% Fund Transfers Out: 1,674,695 3,016,991 837,257 790,257 253,500 1.5% Total Expenditures & Transfers $ 13,707,398 $ 17,678,061 $ 16,921,544 $ 16,136,814
$ 17,086,338 100.0% The proposed FY 2008/09 General Fund budget appropriations reflect net revenues over expenditures of approximately $340,000. Funding sources incorporates the use
of deposits, carryforward funding, and designated fund balance for specific expenditure uses and transfers-out into, as well as the reduction in CIP Transfers-Out per Council’s direction
to suspend the $300,000 transfer to the CIP Streets/Pavement Management projects in light of allocating designated funding for this purpose. Overall, General Fund revenues increased
4.89%, while General Fund expenditures increased 4.65% from the prior year’s budget. This net overall increase showcases staff’s diligence in refining operations and holding the line
on costs. The primary cost drivers for budgetary increases each year continues to be the labor costs -both in employee costs, and in consultant and contract services costs. The Sheriff’s
contract reflects this each year, with considerable cost increases incorporated into the budget – for this next year, we’ll see an increase of about $243,000; 6.5% more for the same
level of services in the FY 2007/08 budget. Fees and charges in FY 2008/09 also escalated significantly, particularly environmental program fees and county administration fees the City
is obligated to pay. Budgetary impacts are also being felt 119
with rising energy prices, resulting in higher costs for vehicle fuel, city infrastructure and facility power, and particularly from those cost of services which are also being impacted,
such as street sweeping contract services. Changes as a result of direction from Council and/or identified by staff as a clean-up item will be included in the final budget, per Council’s
adoption of the FY 2008/09 Operating & Capital Budget resolution at the June 4, 2008 Council Meeting. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not adopt an Operating
& Capital Budget for FY 2008/09. ALTERNATIVE ACTION N/A FOLLOW UP ACTIONS 1. Prepare FY 2008/09 Adopted Operating & Capital Summary and Detail Budget documents as directed by Council.
2. Re-open City budget after State adopts their budget: a. If State budget includes takeaways or significant fee impacts to the City’s budget, staff will propose alternatives for re-balancing
the budget. b. If State budget does not take City funds, then Council will consider consider adding one Community Service Officer (CSO) position and provide for 1/3 cost sharing for
an School Resource Officer (SRO) position from un-appropriated operating budget funds. ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A: Resolution to Adopt the Fiscal Year
2008/09 Operating & Capital Budget 120
Attachment A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE FISCAL YEAR 2008/09 OPERATING & CAPITAL BUDGET WHEREAS, the City Council held a public hearing on the
Proposed Operating & Capital Budget for Fiscal Year 2008/09 on May 21, 2008; WHEREAS, Section 2-20.050(i) of the Code of the City of Saratoga requires the City Manager to prepare and
submit the proposed annual budget to the City Council for its approval; WHEREAS, the City Manager did submit a proposed budget for FY 2008/09 to the City Council; and WHEREAS, the City
Council has considered and reviewed the proposed budget during a public hearing; and WHEREAS, the Planning Commission is to conduct an annual review of the proposed Capital Improvement
Plan for consistency with the City’s general plan; and WHEREAS, the City Council gave staff direction to adopt the Fiscal Year 2008/09 operating and capital budgets as proposed; NOW
THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby adopts the Fiscal Year Year 2008/09 Operating & Capital Budget as shown in the Total Fund Summary – Source
and Use of Funds schedule in the budget adoption report; AND BE IT FURTHER RESOLVED, that the final adopted budget includes carry-forward appropriations for prior year capital projects,
identified funding for specified expenditures, grants, and pass-through balances; that capital projects are in compliance with the General Plan; that there be carried forward from the
prior year within each fund an amount sufficient to cover approved outstanding encumbrances as of June 30, 2008; AND BE IT FURTHER RESOLVED, that the City Council hereby directs staff
that any changes or impacts resulting from: Council approval of the meet and confer process or management compensation plan; from classification adjustments or miscellaneous corrections;
from changes due to more refined estimates, grant approvals, or claim reimbursements; from development fee based passthrough budget appropriations; or from further City Council consensus
direction received on June 4, 2008 be incorporated within the final Fiscal Year 2008/09 Operating & Capital Budgets; 121
AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services Director is directed to record these changes into the City’s Accounting records in accordance with appropriate
accounting practices. The above and foregoing
resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of June, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith,
Mayor City of Saratoga ATTEST: Ann Sullivan, Acting City Clerk of the City of Saratoga 122
SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer
Public Works Director SUBJECT: Prospect Road Median Improvement Project – Master Plan Approval RECOMMENDED ACTION: Approve Master Plan for Prospect Road Median Improvement Project. REPORT
SUMMARY: Background: The 1.9 mile section of Prospect Road, between Saratoga Avenue and Saratoga-Sunnyvale Road, is a four lane major arterial with the centerline of the road forming
the boundary between Saratoga and San Jose. Currently the majority of Prospect Road is devoid of landscaped medians with the exception of existing medians located between Saratoga Creek
and Johnson Avenue and some “hardscape” type medians near Highway 85. The existing landscaped medians were installed approximately 20 years ago and are located within the section of
Prospect Road that is entirely with the city limits of Saratoga. In 2001 the City adopted a five year Capital Improvement Plan (CIP), which included a median improvement project on Prospect
Road between Saratoga Avenue and Saratoga-Sunnyvale Road. The project was supported by area residents in both Saratoga and San Jose as illustrated in the petition form signed by approximately
270 residents. Additionally, a similar petition signed by San Jose residents was submitted to the City of San Jose. Because the City shares operation of Prospect Road with the City of
San Jose, Council directed that the cost of the project be shared evenly between the two jurisdictions. Subsequently the City Council appropriated funds in the amount of $25,000 for
creation of a median Master Plan with the caveat that San Jose would share in the cost. Unfortunately, the City could not convince San Jose to participate in the project and in 2005
the design funds were allocated to other City projects. At the November 15, 2006, City Council Meeting, Council formed an Ad-Hoc comprised of Council Members King and Waltonsmith to
reopen discussions with San Jose in particular Pete Constant, the newly elected San Jose Council Member representing this area, to discuss the merits of the project and explore cost
sharing. Additionally, Council appropriated $50,000 towards developing a Median Master Plan for the corridor during the 2006 CIP update. 123
Numerous meetings and discussions have taken place with the City of San Jose and Pete Constant to develop a cost sharing agreement. Unfortunately, because of tough budget times in San
Jose an agreement to cost share could not be developed. However, San Jose has agreed to support the project in principle by signing a letter of understanding and providing in-house staff
support connected to the Master Plan design. Discussion: At the August 1, 2007 City Council Meeting, Council approved a Professional Services Agreement with Callander Associates, Landscape
Architecture, Inc. to prepare a Median Master Plan for Prospect Road including a cost estimate for project construction. The City held two community meetings with Mayor Waltonsmith and
Council Member Hunter representing Saratoga and Mary Anne Groen attending on behalf of the City of San Jose. About 25 residents of both cities attended each meeting and provided valuable
input. A draft Master Plan was developed and revised based on public input and review by staff from both cities. The Master Plan, if approved by City Council, will be a benefit for future
grant applications for the project. Therefore, staff recommends that the Council approve the Prospect Road Median Master Plan. FISCAL IMPACTS: No funding sources have been identified
for the project construction at this time but the City staff will take advantage of applicable grant opportunities as they become available. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED
ACTION: Prospect Road Median Master Plan will not be approved and likelihood of receiving grant funds will decrease. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION:
City staff will be searching for applicable grant opportunities. ADVERTISING, NOTICING AND PUBLIC CONTACT: All residents providing their contact information during the Master Plan development
were notified about this meeting. ATTACHMENTS: 124
1. Master Plan (hard copy to be delivered prior to Council Meeting) 125
1 SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone,
AICP SUBJECT: Independent Contractor Agreement with LSA Associates for Environmental Consultant Services and Metropolitan Planning Group, Inc. for Land-Use Planning Consultant Services
RECOMMENDED ACTION: 1. Authorize the City Manager to execute an agreement with LSA Associates (LSA) to prepare environmental documents for land development applications within the City
of Saratoga (City). The agreement would include a three year contract with an option of two additional years of service if approved by the City Council. 2. Authorize the City Manager
to execute an agreement with Metropolitan Planning Group (MGroup) for land-use planning consultant services within the City. The agreement would include a three year contract with an
option of two additional years of service if approved by the City Council. REPORT SUMMARY: In past years, the City has utilized environmental and land-use planning consultants for a
variety of development projects, on a contractual basis. Environmental services include preparation of environmental assessments and documents required by California Environmental Quality
Act (CEQA), including Initial Studies, Negative Declarations, Mitigated Negative Declarations, and Environmental Impact Reports. Land-use planning services include processing and reviewing
development permits, such as Administrative Design Review and Planning Commission Design Review projects. Contracts with consultants are currently drafted with one year expiration dates.
The following report discusses the option to prequalify and establish contractual agreements with professional environmental and planning consultants. These agreements would include
a three year contract with an option of two additional years of service. The proposed method of having consultants prequalified will save the City time and possibly money. Furthermore,
Staff believes offering contracts for longer durations will lure more competitive bids for consultant services. There is also a benefit to having a firm working on several projects with
the City over time, gaining experience with the community. 126
2 CURRENT PROCESS: In order to process applications that require an environmental review, City Staff must execute a Request for Proposal (RFP) for environmental consultant services.
Environmental consultant service contracts are awarded on a “case-by-case” basis. The RFP process includes a minimum two weeks to prepare the RFP, one month to advertise the RFP, two
weeks to review submitted proposals, and one month for City Council to approve the execution of a contract. This RFP process can add a minimum of two to three months to a project timeline.
Similar to the environmental consultant RFP, planning consultant contracts are awarded through the same process. Rather than a “case-by-case” basis, planning consultant contracts are
awarded annually. The proposed process would eliminate this and save the applicant time. PROPOSED PROCESS: With the aim of attracting more competitive proposals while decreasing staff
time dedicated to drafting RFPs for future projects, Staff recommends obtaining environmental and land-use planning consultant services for longer periods, such as three to five years.
The City solicited proposals from private firms for environmental and land-use planning services. The City requested proposals from twelve environmental and eleven land-use planning
consultants. The solicitation was drafted as an RFP. The RFP included a scope of work, detailing the City’s projected workload for the next three to five years. All services requested
would be on an “asneeded” basis, dependent on development applications received by the City. As of May 22, 2008, the City received six proposals from environmental and five proposals
from land-use planning firms. City staff reviewed all proposals in detail and rated them on the following parameters: • Cost • Location • Scope of Work • Qualifications • Experience
• Service Based on review and discussion within the Community Development Department, using parameters addressed on the attached matrix (ATTACHMENT 4), LSA was chosen as the environmental
consultant and M-Group as the land-use planning consultant. Contracts with LSA and M-Group would be valid for three years with the option of extension for additional two years, per City
Council approval at a subsequent City Council meeting. 127
3 FISCAL IMPACTS: In the contract for environmental consultant services, the consultant will perform work on a time and materials basis, at the discretion of the Community Development
Director. The consultant will be utilized on development projects requiring a more thorough environmental analysis above the requirements of categorical exemptions allowed by CEQA. All
environmental services will be charged directly to the applicant, without the need for supplemental City funding. Land-use planning consultant services are used on an “as-needed” basis
to supplement the City’s Development Review practice of processing planning applications in a timely manner. Application fees are based upon hourly costs for these services which incorporates
average staff and consultant hourly billing rates. Funds are budgeted for these services on an ongoing basis each year, with the expenses incurred directly correlating to Development
Review Fee revenues. Fifty-Two Thousand Five Hundred Dollars ($52,500) is budgeted for these services for FY 2008/09. Complex projects which would be in addition to the $52,500 budget
would be charged directly to the applicant on a time and materials basis, the same as the environmental consultant services. Although contractual agreements will be completed, funding
will be appropriated in future year budgets for both environmental and planning consultants, on an “as-needed” basis. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Without contract
planning services, the City will have difficulty completing essential planning and development functions in a timely manner. ALTERNATIVE ACTION: Consider using existing staff for all
planning services directly related to the City. This could lead to a significant time constraints on existing and future environmental and land-use planning project submittals and difficulty
meeting the Permit Streamlining Act. FOLLOW UP ACTION: Execute the contract agreement for both environmental and land-use planning services. ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice Notice of the Agenda Item was properly posted. 128
4 ATTACHMENTS: 1. Resolution 2. Environmental Planning Services Contract 3. Land-Use Planning Services Contract 4. Environmental and Land-Use Planning Matrix 5. LSA Proposal 6. M-Group
Proposal 129
5 ATTACHMENT – 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DIRECTING STAFF TO PROCEED WITH AUTHORIZING FOR ENVIRONMENTAL AND CURRENT LAND-USE CONSULTANT
PLANNING SERVICES WHEREAS, the City of Saratoga currently has a need for environmental and current land-use planning services; and WHEREAS, the City Council desires to maintain the current
level of service regarding land-use development applications, afforded to the City of Saratoga community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA,
CALIFORNIA, THAT; 1. The City Manager is hereby directed to execute an agreement with LSA Associates to prepare environmental documents for land development applications within the City
of Saratoga (City) with an agreement would include a three year contract with an option of two additional years of service if approved by the City Council; 2. The City Manager is hereby
directed to execute an agreement with Metropolitan Planning Group for land-use planning consultant services with an agreement that would include a three year contract with an option
of two additional years of service if approved by the City Council. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on
the 4th day of June, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: _____________________________ Ann Sullivan,
Acting City Clerk 130
ATTACHMENT – 2 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation
("City"), and LSA Associates, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described
in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required
work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work").
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance
Department of the City of Saratoga. 2. TERM The term of this Agreement commences on June 1, 2008, and extends through June 30, 2011 or the completion of the project, whichever occurs
first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times.
131
City of Saratoga/Standard Contract Agreement Page 2 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc 3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in
connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT
Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities facilities and equipment listed in Exhibit C according to the terms and conditions
set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any
inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General
Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION
This Agreement shall be administered on behalf of City by Mary Furey, ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's
policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator
or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally,
by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon
which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide
advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no 132
City of Saratoga/Standard Contract Agreement Page 3 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc circumstances shall such courtesy notice satisfy the notice requirements
set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written
notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the
Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Judith H. Malamut, AICP LSA Associates, Inc. 2215 Fifth Street
Berkeley, CA 94710 Notices to City shall be sent to: Michael Fossati City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to:
City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties
hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering
of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made
by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid
or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties
hereto have executed this Agreement. 133
City of Saratoga/Standard Contract Agreement Page 4 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc CONTRACTOR: By: ________________________________ Date: _________________
Print Name: _________________________ Position: ____________________________ CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________
Name: _______________________________ Title: _______________________________ APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney APPROVED AS
TO BUDGET AUTHORITY AND INSURANCE: By:_______________________________ Date: __________________ Administrative Services Director Attachments Exhibit A --Scope of Work Exhibit B --Contract
Payment and Reporting Schedule Exhibit C --Facilities and Equipment Exhibit D --General Provisions Exhibit E --Insurance Requirements 134
City of Saratoga/Standard Contract Agreement Page 5 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc EXHIBIT A SCOPE OF WORK Provide environmental planning services
as assigned by Community Development Director. 135
City of Saratoga/Standard Contract Agreement Page 6 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc EXHIBIT B PAYMENT 1. TOTAL COMPENSATION Consultant services would
be requested on an “as needed basis” to assist staff therefore the City shall pay Contractor based on time and materials in accordance with the hourly rates set forth below. For each
project undertaken pursuant to this agreement City and Contractor shall develop and agree to a scope of work and a total project cost which shall be approved by the Community Development
Director. The total cost of any project may not exceed that authorized by the Community Development Director. 2. INVOICES Contractor shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior
billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices,
for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of
expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 5. BILLING RATES City shall make payments, based on such rates as demonstrated below. Principal Planner
$155/hour Senior Planner $150/hour Associate Planner $115/hour Planner $90/hour Assistant Planner $75/hour Senior Biologist $95/hour Senior Wildlife Biologist $85/hour Botanist/Arborist
$80/hour 136
City of Saratoga/Standard Contract Agreement Page 7 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc Senior AQ/Noise Planner $120/hour AQ/Noise Analyst $90/hour Principal/Cultural
$155/hour Cultural Resource Manager $70/hour 137
City of Saratoga/Standard Contract Agreement Page 8 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical
facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated
to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's
obligations under this Agreement. 138
City of Saratoga/Standard Contract Agreement Page 9 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all
times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in
accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained
from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise,
no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement
shall be construed as limiting the right of Contractor to engage in Contractor's profession separate separate and apart from this Agreement so long as such activities do not interfere
or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD
OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City
pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in
Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's
obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City
in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 139
City of Saratoga/Standard Contract Agreement Page 10 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc 5. BENEFITS AND TAXES Contractor shall not have any claim under
this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance
benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City
may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No
party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall
be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement
as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that
City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control
Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT
OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give
rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees
that if an 140
City of Saratoga/Standard Contract Agreement Page 11 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc actual or potential conflict of interest on the part of Contractor
is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or
proposes to take, after consultation with the City to avoid, mitigate,
or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the
satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct
or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position
which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor
shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations
of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to,
all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications
and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.
In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that
this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal
assistance program. 141
City of Saratoga/Standard Contract Agreement Page 12 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc d. Drug-free Workplace. Contractor and Contractor's employees
and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises
or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads
nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination
Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall,
on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit
factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City.
All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become
the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the
furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this
Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to
certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed
material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the 142
City of Saratoga/Standard Contract Agreement Page 13 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc contract administrator, the first page of a technical report,
first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.
The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. ______________________________
Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in
the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or
at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor Contractor shall return materials which contain any confidential information
to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which
relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY
OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City,
to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other
causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials
shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court
costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties
to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence
of the commitment of Contractor to indemnify and protect City as set forth below. 143
City of Saratoga/Standard Contract Agreement Page 14 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc a. Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way
attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are
incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify
and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings
of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely
or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive
and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement. Contractor acknowledges
that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this
agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Contractor Obligation. The obligations
of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its
statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical
to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the
performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section. f. In General. Failure of City to monitor compliance with these 144
City of Saratoga/Standard Contract Agreement Page 15 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc requirements imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and
shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction
contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration.
City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance as as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15.
DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure
to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered;
or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the
City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies
upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform
this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for
any default 145
City of Saratoga/Standard Contract Agreement Page 16 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing
to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon
termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable
services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights
to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve
such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive
at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its
own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in
relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the
State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement
is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full
force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product
provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement 146
City of Saratoga/Standard Contract Agreement Page 17 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc following expiration or termination of this Agreement. Contractor
waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the
expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of
any other individual, entity or person. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising
under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
147
City of Saratoga/Standard Contract Agreement Page 18 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc EXHIBIT E INSURANCE Please refer to the insurance requirements
listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s)
with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City
of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences.
City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by
these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property
damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's
insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage 148
City of Saratoga/Standard Contract Agreement Page 19 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc ___ $ ____________ per person/$__________ per accident for bodily
injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement
to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional/Errors and Omissions Liability
with coverage as indicated: $1,000,000 per loss/$2,000,000 aggregate ___ $5,000,000 per loss/$5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage
for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage
applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive
any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am
aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial
General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance
is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment payment
of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to 149
City of Saratoga/Standard Contract Agreement Page 20 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc mail such notice shall impose no obligation or liability of
any kind upon the company, its agents or representatives." ___ All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance
requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2)
the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its
officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain,
or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers,
officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) 150
City of Saratoga/Standard Contract Agreement Page 21 of 21 D:\MyDocuments\RFP info\Standard Contract 08-09 LSA -FINAL.doc days' prior written notice by certified mail, return receipt
requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 151
ATTACHMENT – 3 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation
("City"), and Metropolitan Planning Group, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described
in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required
work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work").
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance
Department of the City of Saratoga. 2. TERM The term of this Agreement commences on July 1, 2008, and extends through June 30, 2011 or the completion of the project, whichever occurs
first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times.
152
City of Saratoga/Standard Contract Agreement Page 2 of 21 My Documents/Contracts 03/15/01 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at
the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's
completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit
B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit
C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant
to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS
City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions
and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred
to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered
on behalf of City by Mary Furey, ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement,
and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES
All All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt
requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or
overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice
of any notices or 153
City of Saratoga/Standard Contract Agreement Page 3 of 21 My Documents/Contracts 03/15/01 communications hereunder via telefacsimile. However, under no circumstances shall such courtesy
notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any
Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given.
Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Geoff I. Bradley
400 West Evelyn Avenue Sunnyvale, CA 94086 Notices to City shall be sent to: Michael Fossati City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall
not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or
written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties
with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in
this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 154
City of Saratoga/Standard Contract Agreement Page 4 of 21 My Documents/Contracts 03/15/01 CONTRACTOR: By: ________________________________ Date: _________________ Print Name: ________________________
Position: ____________________________ CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________ Name: _______________________________
Title: _______________________________ APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By:_______________
_______________ Date: __________________ Administrative Services Director Attachments Exhibit A --Scope of Work Exhibit B --Contract Payment and Reporting Schedule Exhibit C --Facilities
and Equipment Exhibit D --General Provisions Exhibit E --Insurance Requirements 155
City of Saratoga/Standard Contract Agreement Page 5 of 21 My Documents/Contracts 03/15/01 EXHIBIT A SCOPE OF WORK Work on projects assigned by the Community Development Director. 156
City of Saratoga/Standard Contract Agreement Page 6 of 21 My Documents/Contracts 03/15/01 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the
total sum of fifty two thousand five hundred dollars ($52,500) for work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be
the total which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. For each project undertaken pursuant to this agreement City and Contractor
shall develop and agree to a scope of work and a total project cost which shall be approved by the Community Development Director. The total cost of any project may not exceed that authorized
by the Community Development Director. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed
and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning
and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available
for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for
authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this
Agreement. 5. BILLING RATES City shall make payments, based on such rates as demonstrated below. FY 08-09 FY 09-10 FY 10-11 Principal Planner $125 $131 $138 157
City of Saratoga/Standard Contract Agreement Page 7 of 21 My Documents/Contracts 03/15/01 Senior Planner $100 $105 $110 Associate Planner $85 $89 $93 Assistant Planner $70 $74 $78 Planning
Tech/Admin $60 $63 $66 158
City of Saratoga/Standard Contract Agreement Page 8 of 21 My Documents/Contracts 03/15/01 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing
cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City.
The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may
involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction
facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement.
159
City of Saratoga/Standard Contract Agreement Page 9 of 21 My Documents/Contracts 03/15/01 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this
Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this
Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and
employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting
the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor
of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in
the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared
in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall
devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4.
CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor
shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 160
City of Saratoga/Standard Contract Agreement Page 10 of 21 My Documents/Contracts 03/15/01 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise
against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including,
but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because
of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement
may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment assignment of any right or obligation pursuant to this Agreement shall be void and
of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified
by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City,
cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection
with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure
to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General.
Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest
on the part of Contractor, or that the Contractor has already disclosed all such relevant information. 161
City of Saratoga/Standard Contract Agreement Page 11 of 21 My Documents/Contracts 03/15/01 b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict
of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions,
which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor
shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer,
member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor
any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises
Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing
bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses
and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor
to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement
any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the
term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor
shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 162
City of Saratoga/Standard Contract Agreement Page 12 of 21 My Documents/Contracts 03/15/01 d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply
with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess
or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner
in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug
statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures
and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed,
color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating
in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to
this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and
records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable
cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it
is available at equal or less cost than virgin paper. 163
City of Saratoga/Standard Contract Agreement Page 13 of 21 My Documents/Contracts 03/15/01 d. Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible
for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below.
______________________________ Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information
received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term
of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information
to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which
relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY
OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City,
to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other
causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials
shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court
costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties
to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence
of the commitment 164
City of Saratoga/Standard Contract Agreement Page 14 of 21 My Documents/Contracts 03/15/01 of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest
extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or
arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be
paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor
shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement
between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in
instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation
of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement.
Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has
no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Contractor
Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor
expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements
with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf
of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees
to be fully 165
City of Saratoga/Standard Contract Agreement Page 15 of 21 My Documents/Contracts 03/15/01 responsible according to the terms of this section. f. In General. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City
as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of
the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has
read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not
relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance
as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute
an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach
is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure
such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately
endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default
if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately
suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, 166
City of Saratoga/Standard Contract Agreement Page 16 of 21 My Documents/Contracts 03/15/01 consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure
by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION
Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior
notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and
each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding
the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification,
insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort
to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at
shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be
pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties
to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION
AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that
state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar
as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 167
City of Saratoga/Standard Contract Agreement Page 17 of 21 My Documents/Contracts 03/15/01 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation,
implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement
following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all
or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of
the parties executing this Agreement and not for the benefit of any other individual, entity or person. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement
shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall
in no event be deemed a waiver of the right to do so thereafter. 168
City of Saratoga/Standard Contract Agreement Page 18 of 21 My Documents/Contracts 03/15/01 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have
an “X” indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777
Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right
to require Contractor's insurer to provide complete, certified copies of all required insurance insurance policies, including endorsements affecting the coverage required by these specifications.
X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________
per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form
wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary
insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute
to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage 169
City of Saratoga/Standard Contract Agreement Page 19 of 21 My Documents/Contracts 03/15/01 ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________
per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all
vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional/Errors and Omissions Liability with coverage as indicated:
$1,000,000 per loss/$2,000,000 aggregate ___ $5,000,000 per loss/$5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three
years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to
said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of
subrogation
as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions
of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the
170
City of Saratoga/Standard Contract Agreement Page 20 of 21 My Documents/Contracts 03/15/01 following words must be crossed out or deleted from the standard cancellation clause: ". .
. endeavor to . . ." AND ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." ___ All subcontractors
used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured
Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the
Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City,
its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply
with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 171
City of Saratoga/Standard Contract Agreement Page 21 of 21 My Documents/Contracts 03/15/01 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or
in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be
placed with insurers with a Bests' rating of no less than A: VII 172
ATTACHMENT -4 Environmental Planner Consultants Experience Scope of Work Costs Location Jones and Stokes N/A N/A N/A Willdan $145 -Principal* $125 -Senior $110 -Associate $100 -Assistant
$80 -Plan Tech. LSA Associates $115 -Associate* $155 -Principal $150 -Senior $90 -Planner $75 -Assis. Planner RBF Consulting $198 -Sr. PM* $185 -PM $155 -Senior Planner $140 -Project
Planner Lamphier-Gregory $190 -Principal $165 -Principal* $150 -Senior Planner $130 -Assoc. Planner $110 -Planner CirclePoint $240 -Principal $180 -Senior PM* $140 -PM $120 -Senior Assoc.
$95 -Assoc. Planner Based in San Jose. 25 years -Worked with similar-sized jurisdictions CEQA /NEPA documentation, Negative and Mitigated, Negative Declarations, Initial Study, etc.
Based in Oakland. 21 years -Worked with similar-sized jurisdictions CEQA /NEPA documentation, Negative and Mitigated, Neg. Dec., Initial Study, etc. Based in San Francisco. Opted-Out
of RFP Based in Sacramento. Based in Berkeley. 38 years -Worked with similar-sized jurisdictions 32 32 years -Worked with similar-sized jurisdictions 25 years -Worked with similar-sized
jurisdictions CEQA /NEPA documentation, Negative and Mitigated, Negative Declarations, Initial Study, etc. CEQA /NEPA documentation, Negative and Mitigated, Negative Declarations, Initial
Study, etc. CEQA /NEPA documentation, Negative and Mitigated, Negative Declarations, Initial Study, etc. * Per proposal, bold title indicates staff person primarily in charge of environmental
review applications 173
PMC $190 -Principal* $175 -Bio. Director $130 -PM /Senior Plan $120 -Senior Bio. $95 -Assoc. Planner $85 -Assis. Planner 13 years -Worked with similar-sized jurisdictions CEQA /NEPA
documentation, Negative and Mitigated, Negative Declarations, Initial Study, etc. Based in Oakland. * Per proposal, bold title indicates staff person primarily in charge of environmental
review applications 174
Current Planning Consultants Experience Scope of Work Costs (per Hour) Location Lata Vasudevan $90 -Senior* M-Group $125 -Principal $100 -Senior* $85 -Associate $70 -Assistant $60 -Planning
Tech. Willdan $145 -Principal $125 -Senior $110 -Associate* $100 -Assistant $80 -Plan Tech. RBF Consulting $155 -Senior Planner* $140 -Project Planner $111 -Planner* $88 -Assistant Planner
PMC $190 -200 -PM $150-170 -Sr. Assoc. $120 -130 -Sr. Planner $90 -$120 -Assoc. Pl.* $75 -$85 -Assit. Pl. 13 years Processing development permits, subdivisions, site plan and design
review, counter assistance, public presentations. Based in Oakland. 38 years Processing entitlement permits, Design Review, Subdivisions, Use Permits, Development Permits, etc. Based
in Sacramento. 25 years General Plans, EIR's, Specific Plans, Area Plans, Environmental entitlements Based in Oakland. 7 years Commercial/Residential development applications. Single-Family
Applications. CDBG. Annexations, Tentative Maps. Etc. Based in Palo Alto. 15 years Commercial/Residential development applications. Single-Family Applications. CDBG. Annexations, Tentative
Maps. Etc. Based in Mountain View. * Per proposal, bold title indicates staff person primarily in charge of development review applications 175
May 2008 S TATEMEN T OF QUA L I F IC AT IONS ENVIRONMENTAL PLANNING SERVICES 176
S TATEMEN T OF QUA L I F IC AT IONS Submitted to: City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: LSA Associates, Inc. 2215 Fifth
Street Berkeley, CA 94710 510.540.7331 May 2008 ENVIRONMENTAL PLANNING SERVICES 177
May 6, 2008 Michael Fossati, Assistant Planner City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Subject: Statement of Qualifications to Provide
Environmental Planning Services Dear Mr. Fossati: LSA Associates, Inc. (LSA) is pleased to submit this Statement of Qualifications to Provide Environmental Planning Services. Our key
qualifications for conducting this work are: (1) our staff, who are adept at interpreting and implementing planning and environmental review regulations; (2) our solid understanding
of CEQA and the environmental review process; and (3) our keen awareness of issues that are important to residents in Saratoga, and the ability to customize our planning assistance accordingly.
LSA has 32 years of experience providing environmental planning services for public and private sector clients throughout the State. In addition to our well-respected expertise in preparing
analyses required by CEQA and NEPA, we have local in-house experts in the fields of biology, cultural resources, air quality, noise, hazardous materials, and transportation who are available
to prepare technical studies, review environmental documents and development plans, and advise on permitting issues in these areas when required for a project. We are currently providing
on-call or contract planning services to the cities of Berkeley, Belmont, Millbrae, East Palo Alto, Colma and San Mateo County. As you may know, we have worked closely with the Saratoga
Public Works Department over the past three years to prepare the environmental documentation for the Saratoga de Anza Trail and Kevin Moran Park. We hope our work on these projects has
shown you LSA’s commitment to fair and objective environmental review, sound research and writing, availability to attend meetings and discuss project issues, commitment to submitting
work products on time, and knowledge of local conditions and community expectations. We think that our experience can help the City balance its workload while providing the utmost service
to the public and applicants. We look forward to discussing our qualifications with you in more detail. Sincerely, LSA ASSOCIATES, INC. Judith H. Malamut, AICP Adam Weinstein Principal
Associate 178
O:\PROPOSAL\08021-Saratoga Environmental\Saratoga SOQ-1.doc (5/6/2008) i TABLE OF CONTENTS I. INTRODUCTION.............................................................................................
........................ 1 II. QUALIFICATIONS, EXPERIENCE, AND REFERENCES..................................................... 5 III. HOURLY RATES.....................................................
................................................................. 15 IV. INSURANCE.....................................................................................................................
....... 17 V. CLIENTS ................................................................................................................................... 21 TABLES Table 1: Hourly Billing
Rates for Assigned Personnel...................................................................... 15 Table 2: Hourly Billing Rates by Job Classification .............................................
........................... 16 Table 3: Direct Expenses ................................................................................................................... 17 Table 4:
Insurance Coverage ............................................................................................................. 19 Table 5: Current Clients...........................................
......................................................................... 21 APPENDIX RESUMES 179
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O:\PROPOSAL\08021-Saratoga Environmental\Saratoga SOQ-1.doc (5/6/2008) 1 I. INTRODUCTION The City of Saratoga (City) Community Development Department is seeking consultants to provide
environmental and planning services on two levels: • Preparation of environmental review documents, including Initial Studies, Negative Declarations, Environmental Impact Reports (EIRs),
and technical environmental analyses that are informed by an understanding of the General Plan, Residential Design Guidelines and other guiding documents; and • Coordination of staff
planning services for presentations and/or hearings, including preparation of planning-related applications and special projects, and staff reports necessary for project review. The
City is seeking firms with broad knowledge and experience in preparing California Environmental Quality Act (CEQA) documents and taking projects through the environmental review process.
Potential projects are expected to include rezoning, subdivision, and mixed use projects that could could be exempt from CEQA or require documentation ranging from an Initial Study/Mitigated
Negative Declaration (MND) to an EIR. LSA Associates, Inc. (LSA) would like to be pre-qualified to assist the City in conducting environmental review and specific planning assignments.
We understand that the City would like a three-year commitment and could extend the contract an additional two years. A. PROJECT TEAM LSA has assembled a well-qualified team with local
experience that will provide the full range of required expertise. Our Project Manager, planners, and technical specialists are familiar with the City of Saratoga through LSA’s work
as lead environmental consultant for the Saratoga de Anza Trail Environmental Review and the Kevin Moran Park Improvement Project Initial Study Mitigated Negative Declaration. Adam Weinstein,
Associate, who served as Project Manager for the two projects in Saratoga listed above and collaborated closely with the Public Works Department, will serve as Project Manager and day-to-day
point of contact for as-needed environmental review assignments. Adam has eight years experience preparing CEQA documents and a comprehensive understanding of the environmental review
process and planning issues that are specific to Saratoga. He has managed the environmental analyses for a variety of projects, including numerous residential projects (urban and rural),
mixed use projects, private school projects, and public works projects (roads, bridges, parks, and dams). His work will be reviewed and guided by Judith Malamut, AICP, Principal. With
20 years of experience, Judith’s activities with LSA include project management for CEQA documents, resource management plans, policy planning, environmental analysis, and open space
and recreation planning. Much of Judith’s planning and environmental review work in recent years has been focused on projects in San Jose, the Peninsula, and the East Bay. 181
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oga SOQ-1.doc (5/6/2008) 2 Brief descriptions of the qualifications and experience of LSA’s key personnel are described in Chapter II. More detailed resumes are provided in the Appendix
to this proposal. B. KEY STRENGTHS Key strengths that LSA brings to the City of Saratoga are as follows: • Knowledge of the City. LSA is highly knowledgeable of the City’s environmental
context and planning issues through our previous environmental review work for the City. We are keenly aware of the issues that are of most interest to Saratoga residents and have successfully
addressed project-specific concerns raised by local community groups. We have assigned the staff who contributed to our previous Saratoga projects to the current effort – including planners
and biologists. • Senior staff involvement. LSA is committed to the the use of senior-level staff. For any project that LSA undertakes, the LSA team will be directed by a principal of
the firm, and managed by a senior project manager. The management team will oversee the project, coordinate with City staff, and ensure that all tasks are completed in an efficient,
cost-effective, and timely manner. • Responsiveness to community concerns and consideration for community involvement. We understand that any development in an established residential
community like Saratoga will raise concerns about quality of life issues. We believe that it is important to respond to these concerns in a way that the community can easily understand.
In addressing environmental and quality of life issues, LSA is adept at helping community members understand the environmental review process and expectations for public input, and differentiating
between project merits and projectrelated environmental issues. Through our documents and our interaction with the public, we clarify the latter distinction such that, as much as possible,
comments received during the CEQA process focus on the adequacy of the environmental analysis and not the merits of the project. • Proactive contract planning. LSA staff have a broad-based
planning background and are experts in interpreting and implementing local, State, and federal planning, development, and environmental review regulations. Our contract planning staff
is adept at quickly learning and applying local planning policies and regulations. Over the past two years LSA has provided contract planning services to the cities of Belmont, Berkeley,
East Palo Alto, Lodi, Martinez, Millbrae, San Pablo; the Town of Colma; and the County of San Mateo. • Preparation of well-written, defensible, and publicly accessible CEQA documents.
LSA produces legally-sound CEQA documents that are also written in a manner that makes them easy to read and understandable to a diverse reviewing audience – including planners, designers,
attorneys, decision makers, members of the community, and local interest groups. We provide informative graphics that support the analysis and make the documents more interesting to
read. We also strive to provide adequate background information to help interested individuals and community groups understand topics that do not always fall within the requirements
of CEQA (e.g., socio-economic issues, property rights/values, and policy consistency). Simple attributes such as clear formatting, a well-organized heading structure, and explicit descriptions
of project impacts and mitigation measures help our documents reach a broader audience. • Integrated planning and management approach. LSA’s principals and staff are trained as planners,
environmental analysts, and policy analysts, bringing an enhanced set of skills and viewpoints to environmental review and planning projects. Our combined expertise allows us to 182
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oga SOQ-1.doc (5/6/2008) 3 work closely with City staff, refine the project description to meet environmental review needs, and develop feasible and effective mitigation measures. •
Understanding of City staff needs. Through our experience working with public agencies, we know that City staff can be stretched thin by the time and effort required to manage the environmental
review process. We believe that the ability of LSA staff to work independently of, but in close communication with, staff is one of our greatest assets. We routinely assist staff with
public noticing, the preparation of staff reports, findings/statements of overriding considerations, and presentations for public hearings. We are adept at responding to questions from
decisionmaking bodies about complex projects and environmental issues. 183
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O:\PROPOSAL\08021-Saratoga Environmental\Saratoga SOQ-1.doc (5/6/2008) 5 II. QUALIFICATIONS, EXPERIENCE, AND REFERENCES As prime consultant, LSA will manage the as-needed environmental
planning contract, assemble project teams according to the needs of each unique assignment, be responsible for the accuracy and quality of all technical documentation, and attend public
hearings. This section presents a firm description, qualifications of key personnel, relevant experience, and references. A. FIRM DESCRIPTION LSA provides multi-disciplinary land use
and environmental planning services. As planners and environmental analysts, we are active in all aspects of community development, land use planning, and public involvement. As technical
specialists, we provide expertise in transportation, air quality, noise, biological resources, water quality, hazards, and cultural resources. LSA has extensive experience providing
services for both the public and private sectors and our understanding of both development planning and the public interest results in realistic and fair recommendations. We offer efficient
and responsive support to State, regional, and local government, private sector, and institutional clients. LSA has 11 offices located in Berkeley, South San Francisco, Point Richmond,
Fresno, Rocklin, San Luis Obispo, Irvine, Carlsbad, Riverside, and Palm Springs, California, and Ft. Collins, Colorado. LSA presently employs more than 250 professionals. B. KEY PERSONNEL
LSA will assign the following staff to Saratoga projects. • Adam Weinstein, Associate, is the designated Project Manager for preparation of environmental review documents. Adam’s primary
responsibilities include managing a number of diverse projects including EIRs, Initial Studies, Negative Declarations, National Environmental Policy Act (NEPA) studies, and planning
policy analyses. Adam served as Project Manager for environmental review of the Saratoga de Anza Trail and the Kevin Moran Park Improvement Project. He is currently managing the following
projects: San Pablo Avenue Streetscape Improvement Project Initial Study for the City of El Cerrito; 1300 El Camino Real Mixed Use Development EIR for the City of Menlo Park; and the
Bentley School Conditional Use Permit EIR for the City of Oakland. Adam’s responsiveness and problem-solving abilities have resulted in repeat business from Bay Area cities such as Menlo
Park, Saratoga, Benicia, Emeryville, Oakland, and El Cerrito. As the day-to-day Project Manager, Adam will oversee the environmental review effort of specific projects. Adam will be
the primary point of contact with the City and project team. His management tasks include budget and schedule control, report preparation, and meeting/hearing attendance. 185
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 6 Judith Malamut, AICP, Principal, will serve as Principal-in-Charge. She has over 20 years of experience; her activities with LSA focus on
project management for environmental review documents, policy planning, environmental analysis, and open space and recreational planning. She is currently managing the Sierra Point Biotech
Project EIR and Opus Office Development EIR for the City of Brisbane; the Prewett Park Community Center Project IS/MND for the City of Antioch; and the Watson Park Remedial Action Plan
and Master Plan IS/MND for the City of San Jose Parks, Recreation and Neighborhood Services. Judith’s ability to guide clients through the environmental process and her thoughtful approach
to problem-solving has resulted in multiple assignments from long-term clients, such the cities of Berkeley, Livermore, San Jose, Fairfield, and Brisbane, and California State University.
In addition to the work cited above, she is currently managing the Wildfire Hazard Reduction and Resource Management Plan and EIR for the East Bay Hills Parks for the East Bay Regional
Park District. There are several staff members who would be available to provide project planning services for CEQA documents and projects related to implementation of General Plan,
Specific Plan, and residential design guidelines, special projects, and application processing. • Catherine Barber, Senior Planner, is available to serve as Project Planner. Ms. Barber
has over 10 years of experience in the planning field. She has extensive experience as a municipal planner with an emphasis on current planning and development. Her customer service
skills have been strengthened through working the public information counter for the cities of San Jose, Burlingame, Millbrae, and the City and County of San Francisco. She has extensive
experience in community facilitation and participation, and has worked closely with citizens, homeowners and developers alike. Catherine has a broad range of experience with CEQA and
excellent technical writing skills developed through the preparation of environmental documents, staff reports, and policy documents. • Hannah Young, Planner, is well-versed in CEQA
and contract planning. Her current CEQA assignments include San Francisco General Hospital Rebuild Program EIR for the City and County of San Francisco; 1300 El Camino Real Mixed Use
Project EIR for the City of Menlo Park; 19th Street Residential Tower Project EIR for the City of Oakland; and Sierra Point Biotech Project EIR for the City of Brisbane. She provides
planning and technical assistance to project managers on a variety of environmental documents, including master environmental assessments, initial studies, environmental impact reports,
and general plans. As a contract planner for the City of Berkeley, she prepares and processes the planning entitlements for commercial and residential planning applications. Hannah has
provided staff support or contract planning services for the cities of Belmont, Martinez, and San Pablo. • Daniel Rinzler, Assistant Planner, will assist with planning and environmental
review projects. He researches and writes the land use, policy, aesthetics, and public services sections of environmental review documents. He recently assisted Adam with the Kevin Moran
Park Improvement Project Initial Study/Mitigated Negative Declaration and the Downtown Berkeley BART Preliminary Environmental Assessment Report for the City of Berkeley as a subconsultant
to Community Design + Architecture. He is also contributing to the Japantown Corporation Yard As Principal-in-Charge, Judith will provide input on and monitor the scope, budget, and
scheduling of specific projects. She will be ultimately responsible for the quality of all project work, and will review all in-house prepared text, tables, and graphics before these
materials are presented to the City as administrative review documents. 186
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 7 Redevelopment Project EIR for the City of San Jose and the San Francisco General Hospital Rebuild Program EIR. LSA has a wealth of expertise
in conducting biology, air quality and noise, and cultural resources technical studies. The senior staff described below are responsible for preparing technical studies and selecting
appropriate staff necessary to support project teams. • Leslie Allen, Senior Biologist, is a specialist in wetland permitting and general biology and ecology. At LSA she conducts wetland
delineations and prepares permit applications for submittal to the Corps of Engineers, Regional Water Quality Control Board, the California Coastal Commission, and City and County governments
to address impacts to jurisdictional wetlands and waters. She also manages and prepares permitting documents for a variety of projects affecting the aquatic and terrestrial habitats
of endangered species. Leslie develops and implements mitigation and management plans that enhance, restore or create habitats for mitigation and/or restoration purposes, including seasonal
wetlands, riparian streams, salt and brackish marshes, and uplands (grassland, rock outcrops, scrub). With Matt Ricketts, she conducted the biological resources study (delineation and
reconnaissance-level Biological Assessment) for the Saratoga de Anza Trail. • Matt Ricketts, Senior Wildlife Biologist, serves as project manager and lead biologist for a wide range
of projects His duties at LSA include biological surveys and impact assessments for special-status wildlife species, preconstruction surveys for nesting birds, and preparation of both
reconnaissance-level and formal (e.g., Endangered Species Act Section 7) biological assessments. He has also prepared numerous biological resource sections and impact analyses in accordance
with CEQA. Matt worked with Leslie Allen on the biological resources documentation for the Saratoga de Anza Trail, where Saratoga Creek was a critical biological issue in terms of riparian
habitat, California red-legged frog, and non-anadromous steelhead. • Tim Milliken, Botanist, specializes in vascular and non-vascular plant ecology, botanical surveys, and arboriculture.
He is a Certified Arborist, proficient in native plant identification, and an experienced restoration biologist. Tim conducts tree surveys and rare plant surveys, prepares planting plans,
and monitors native habitat restorations. He has experience in preparing vegetation management plans and has served as an urban forestry consultant. • Amy Fischer, Senior Planner, is
LSA’s senior technical
task manager for transportation, air quality and noise analysis for environmental review and planning documents in the Bay Area. In addition to directing the research and field measurements
for stand-alone technical studies, she also summarizes existing existing traffic, noise and air quality analyses for incorporation into EIR sections. Amy prepared the preliminary Air
Quality, Noise and Transportation technical studies for the Pilgrim Haven Nursing Home project in Los Gatos; a retail parking study in Union City; and an acoustical analysis for a residential
project in Fremont. She also prepared the air quality, noise, and transportation analyses for the Kevin Moran Park Improvement Project Initial Study/Mitigated Negative Declaration and
the Saratoga de Anza Trail Environmental Review. She previously prepared the De Anza College Transit Center Air Quality Analysis for the Santa Clara Valley Transportation Authority;
the air quality and noise analysis for the Gateways Redevelopment EIR for the City of Santa Rosa, the 1300 El Camino Mixed Use Project EIR for the City of Menlo Park and the Benicia
Business Park EIR for the City of Benicia. Amy regularly appears at workshops and public hearings to discuss air quality, noise, and transportation technical analyses in relation to
CEQA. 187
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 8 • Philip Ault, Analyst, prepares the noise and air quality sections of EIRs, under the direction of Amy Fischer. Phil is a key member of
LSA’s environmental technical staff and is primarily responsible for the measurement, assessment, and reporting of noise and air quality impacts for a variety of projects. He is proficient
with the use of the Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA RD-77-108), SOUND32 noise model, Traffic Noise Model (TNM) 2.5, URBEMIS 2002 and
CALINE4. He is also responsible for measuring noise with the Larson Davis models 720 and 824 noise meter. Phil prepares stand-alone noise and air quality studies. • Christian Gerike,
Principal, will oversee cultural resources evaluations. Christian has 28 years experience conducting and directing records searches, research, surveys, excavations, evaluations, and
mitigation projects in the areas of prehistoric and historical archaeology and historical architecture to address the requirements of CEQA and Section 106 of the National Historic Preservation
Act. He has directed projects throughout most of California in urban, rural, and wilderness settings. Christian has completed the Advisory Council on Historic Preservation’s course on
Federal Projects and Historic Preservation Law, and a Caltrans sponsored workshop on accounting procedures. Some of his recent CEQA projects include the cultural resources sections for
the City Center Estates Focused EIR for the City of Fremont; the North Main Street Development Projects EIR for the City of Milpitas; and 221 First Street Mixed Use Project for the City
of Benicia. These projects evaluated the impacts of demolishing or preserving older buildings. He also recently advised the Palo Alto Housing Corporation regarding the historical context
and the CEQA implications of a structure that the Corporation proposed to demolish. Christian will be assisted by Timothy Jones, Cultural Resources Manager. C. RELEVANT EXPERIENCE LSA
is currently undertaking or has successfully completed numerous environmental review documents in recent years for residential projects, infill projects, mixed use projects, and public
works-related projects. Below, we summarize a selected group of projects, some of which also entailed contract project management, staff reports, and application processing. Saratoga
Experience Kevin Moran Park Improvement Project Initial Study/Mitigated Negative Declaration for the City of Saratoga. Kevin Moran Park, a 10-acre community park, is named in memory
of a Saratoga resident who was killed at a Vietnam War demonstration at UC-Santa Barbara in 1970. LSA prepared an Initial Study/Mitigated Negative Declaration to evaluate the environmental
effects of a City proposal to develop 4 acres of the park, currently consisting of remnant orchard trees, trees, with new park facilities, including turf areas, bocce courts, and a meditation
garden. Although the park project was relatively small, it generated a large amount of controversy, especially among residents adjacent to the park who were concerned about 188
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 9 traffic and increased noise levels at the park. The environmental review of the park project conducted by LSA focused on the potential for
burrowing owl to occur on the site, possible increases in noise and traffic, and soil contamination associated with historic agricultural activities. Using empirical data and modeling,
LSA demonstrated that the park project would not result in significant environmental effects or otherwise degrade the quality of life in the neighborhood. Saratoga de Anza Trail Environmental
Review for the City of Saratoga as a subconsultant to Shute, Mihaly and Weinberger, LLC. The Saratoga de Anza Trail is a 1.6-mile component of a regional bike and pedestrian trail that
is proposed to extend through the cities of Cupertino, Saratoga, and Campbell, and the Town Town of Los Gatos along utility and railroad rights-ofway. In Saratoga, the trail has been
subject to considerable debate, and residents who live near the corridor are concerned that the project will intrude on their privacy, diminish property values, and bring crime to the
area. Working closely with the law firm Shute, Mihaly and Weinberger, LSA conducted a one-day trail user survey and a comprehensive environmental evaluation of the trail project to satisfy
both CEQA and NEPA requirements. In the environmental documents prepared for the project, LSA developed innovative mitigation measures to address project concerns such as atgrade rail
crossings, soil contamination, and impacts to creeks. These mitigation measures were later incorporated into the project to reduce the environmental impacts of the trail. Using case
studies of other railroad corridor trail projects, LSA demonstrated that the trail would not pose safety risks to users, or endanger property and privacy. CEQA and Project Planning Clarke
and Weeks Townhomes Project Contract Planning and CEQA Analysis for the City of East Palo Alto. The proposed project is the redevelopment of an underutilized 2.58-acre site, located
on Weeks Street east of Clarke Avenue. The site would be developed with 55 two-and three-story townhome units. LSA was responsible for preparing the CEQA analysis, including an Initial
Study and a Focused EIR, and serving as adjunct planning staff responsible for preparing all staff reports and associated documents for the Planning Commission and City Council. The
majority of potentially significant impacts would be mitigated to a less-than-significant level via implementation of the mitigation measures recommended in the Initial Study, included
as an appendix to the Focused EIR. The EIR analysis was limited to cultural resources, including the historical significance of the Runnymede-era farmhouse located on the project site.
Demolition of this historic resource was determined to be a significant unavoidable impact. 189
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 10 1300 El Camino Real Project EIR for the City of Menlo Park. El Camino Real is one of the main commercial corridors in Menlo Park, and has
been identified by the City as an appropriate place for infill development. LSA is currently preparing an EIR analyzing the effects of a redevelopment project along El Camino Real, and
within walking distance of the Menlo Park Caltrain station, that would include a grocery store/market, office space, and fitness center. Key issues that are addressed in the EIR include:
the effects of railroad and traffic-related noise on the project; the relationship of the project to the adjacent Derry Lane project (subject of a concurrent City project evaluated by
LSA); and the exposure of surrounding residential uses (including a senior housing facility) to increased shade and shadow. 511 and 555 West Campbell Avenue Water Supply Wells and Housing
Project IS/MND for the City of Campbell. LSA prepared an Initial Study/Mitigated Negative Declaration for a 40-unit affordable housing development on one of the last remaining infill
sites in the City of Campbell. The project also included the demolition and removal of water supply infrastructure and the construction of three new water supply wells, pump stations,
piping, and associated structures. LSA’s analysis focused on several key environmental constraints of the site, including the site’s location adjacent to a busy freeway, lack of connectivity
to the surrounding neighborhood, and the presence of a 1947 farmstead. Numerous community and agency concerns were addressed in the IS/MND, including the compatibility of the affordable
housing development with the surrounding mediumdensity residential neighborhood, the effects of ongoing water pumping activity on the proposed residences, and traffic volumes on local
roadways. LSA prepared a comprehensive IS/MND that included specific, easily-enforceable mitigation measures to reduce the impacts of the project on the surrounding neighborhood and
future site occupants. Windrush School Initial Study/Mitigated Negative Declaration for the City of El Cerrito. Windrush School is an independent elementary and middle school on a 4-acre
hillside site in the City of El Cerrito. In 2006 and 2007, the school developed a four-phase, 20-year Master Plan to accommodate a growing student body and an expanding curriculum, and
to better connect the lower and upper portions of the campus. LSA prepared a comprehensive Initial Study/Mitigated Negative Declaration that included an analysis of the environmental
effects of the Master Plan. During LSA’s preliminary historical research, it was discovered that two of the existing school buildings were constructed in 1935 for use by the Chung Mei
Home for orphaned Chinese-American 190
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 11 “We love LSA’s work. They have been extremely helpful in managing current planning projects and have provided a welcome relief to my staff.”
Debbie Sanderson, Principal Planner, City of Berkeley boys. At the request of the City, LSA prepared a historical resources evaluation of the existing campus buildings to determine if
they would be eligible for the California Register of Historic Resources. After undertaking archival research, interviewing community members familiar with the history of the school,
and studying the architecture of the buildings themselves, LSA determined that the entire campus is eligible for listing on the California Register. However, LSA found that the design
elements of the Master Plan would protect the integrity of the historic campus, and that no significant impacts would result from the project. Tresch Galleria Mitigated Negative Declaration
for the City of Novato. LSA completed environmental analysis of a proposed 7,500 square foot building on a site in downtown Novato. The project would include office, retail, and residential
space. Mitigation measures for noise were included as part of the project. West Branch Library Expansion CEQA Documentation for the Berkeley Public Library. LSA prepared an IS/MND for
the proposed renovation and expansion of the West Branch of the Berkeley Public Library. Located on University Avenue near San Pablo Avenue, the West Branch is the second largest of
four branch libraries and is a designated local landmark. Built in 1923 in the Classical Revival style, the library has undergone previous modifications that almost completely destroyed
its original architectural character. The library seeks additional space to house an expanding collection and accommodate reader areas, community meeting and special program rooms and
staff work areas. Contract Planning City of Millbrae Contract Planning Services: LSA has assisted the City of Millbrae with staffing the public information counter as well as the processing
of development applications while the City was recruiting employees for the Planning Division. This work included: plan checking building permit applications to determine consistency
with the zoning code regulations, and review and processing of sign permits, business license applications and home occupation permits. LSA also took on permit processing and project
management of new applications for development, including Design Review projects for new construction and additions as well as conditional use permits. The duties included a complete
plan check of the plans to determine compliance with the zoning code and Design Guidelines, as a well as making all necessary site visits, preparing staff reports, working with neighbors
and presenting the projects to the Planning Commission. After completing this 7-month assignment LSA was called back by the City of Millbrae to continue assisting staff with current
planning projects, as well as to assist with their zoning code update. LSA is currently working with City Staff to assess and revise zoning definitions, update zoning maps and add new
modern land use terms to their code. City of Berkeley Contract Planning Services: LSA was selected by the City of Berkeley to be part of a rotating list of consultants to facilitate
the flow of development applications. To date, LSA has assumed all project management functions for over a dozen applications, including meetings with applicants, architects and engineers;
determining application completeness; assessing project conformance with applicable Zoning Ordinance provisions and General Plan policies; developing recommendations to the Zoning Adjustments
Board; preparing the public hearing notice and staff reports; attending public hearings to present recommendations and 191
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 12 “LSA Associates has been providing contract planning services to our agency for about a year now, and I have nothing but praise for their
services. They quickly learned our regulations and procedures, and began almost immediately to process permits with minimal supervision, as if they had been on-staff for some time. They
have been extremely professional, organized and responsive, working cooperatively with applicants and in-house staff, preparing staff reports, and presenting projects and negotiating
solutions at public hearings. I highly recommend LSA Associates.” Lisa Aozasa, Senior Planner, Current Planning, San Mateo County answer questions; and communicating with City staff,
applicant, and concerned neighbors as necessary. A selected list of projects includes: • 1799 Fourth Street, Unit F (restaurant expansion) • 1007 Heinz Street (existing private school
improvements) • 2599 Telegraph Avenue (tattoo and piercing art studio) • 2437 Sixth Street (four dwelling units) • 2501 Telegraph Avenue (Peet’s coffee retail sales) • 2129 Durant Avenue
(full service restaurant) • 2020-2026 Addison Street (Freight & Salvage theater relocation) San Mateo County Contract Planning Services: In order to efficiently address a backlog of
current planning applications, the County of San Mateo sought contract planning assistance from LSA. Since joining the San Mateo County team in June 2005, LSA has been assigned 24 applications,
including Use Permits for wireless communications facilities, a new residence in the Coastal Zone, and renewal of permits for a private religious school. Duties included review of project
application materials for completeness, evaluation of the proposals for compliance with applicable policy documents and codes, and creation of a staff report and presentation of recommendations
to the Zoning Hearing Officer, Planning Commission and Board of Supervisors. LSA has become an important resource to the County for contract planning services, as evidenced by an extension
and augmentation of the original contract. City of Martinez Contract Planning Services:. When the City of Martinez was short-staffed, the City retained LSA to provide planning staff
on an interim basis. LSA sent trained staff to work for an average of 16 hours per week for three months. Duties included writing staff reports for the zoning administrator and planning
commission hearings on various development applications. Under the direction of the Deputy Director of Planning, LSA’s planner worked with applicants to build their understanding of
the development process, reviewed permit applications for completeness, drafted correspondence, public notices, staff reports, conditions of approval, and resolutions, presented staff
reports at zoning administrator hearings, and answered questions from the public at the planning counter. LSA also worked with the City to achieve a long-awaited update of the zoning
map. LSA converted the City’s old zoning map into an ArcGIS format for integration with Planning Department data and created a legible map for public use that was also posted to the
City’s website. D. REFERENCES We encourage you to contact our references regarding the quality of our work, management of budget and schedule, and attentiveness to project needs. 192
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Environmental\Saratoga SOQ-1.doc (5/6/2008) 13 Richard Taylor, Attorney Shute, Mihaly & Weinberger LLP 415-552-7272 rtaylor@smwlaw.com Carmen Borg, AICP Shute, Mihaly & Weinberger LLP
415-552-7272 cborg@smwlaw.com John Cherbone, Public Works Director City of Saratoga Public Works Department 408-868-1239 jcherbone@saratoga.ca.us Kristin Borel, Administrative Analyst
City of Saratoga Public Works Department 408-868-1258 kborel@saratoga.ca.us Melanie Mintz, Capital Improvement Program Manager City of El Cerrito 510-215-4339 mem@ci.el-cerrito.ca.us
Megan Fisher, Assistant Planner City of Menlo Park 650-330-6737 mefisher@menlopark.org Steve Ross, Principal Planner City of Berkeley 510-981-7430 sdross@ci.berkeley.ca.us David Petrovich,
City Planner City of Millbrae 650-259-2443 dpetrovich@ci.millbrae.ca.us Andrew Brozyna, Acting Principal Engineer City of Milpitas 408-586-3315 abrozyna@ci.milpitas.ca.gov 193
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O:\PROPOSAL\08021-Saratoga Environmental\Saratoga SOQ-1.doc (5/6/2008) 15 III. HOURLY RATES Hourly rates for assigned personnel are shown below. A table with LSA’s labor classifications,
hourly rates and direct expenses is shown on the next page. Table 1: Hourly Billing Rates for Assigned Personnel Name Title Hourly Rate Adam Weinstein Associate $115 Judith Malamut Principal
$155 Catherine Barber Senior Planner $150 Hannah Young Planner $90 Daniel Rinzler Assistant Planner $75 Leslie Allen Senior Biologist $95 Matt Ricketts Senior Wildlife Biologist $85
Tim Milliken Botanist/Arborist $80 Amy Fischer Senior AQ/Noise Planner $120 Phil Ault AQ/Noise Analyst $90 Christian Gerike Principal/Cultural $155 Tim Jones Cultural Resources Manager
$70 LSA bills monthly for progress payment based on work completed to date. Terms are net 30 days. LSA offers a one percent discount on invoices paid within 30 days of the invoice date.
A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. 195
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oga SOQ-1.doc (5/6/2008) 16 Table 2: Hourly Billing Rates by Job Classification Job Classification Planning Environmental Transportation Air/Noise Cultural Resources Biology GIS Hourly
Rate Rangea Principal Principal Principal Principal Principal Principal Principal $125–250 Associate Associate Associate Associate Associate Associate Associate $75–200 Senior Planner
Senior Environmental Planner Senior Transportation Planner/Engineer Senior Air Quality/Noise Specialist Senior Cultural Resources Manager Senior Biologist/Botanist/Wildlife Biologist/Ecologist/Soil
Scientist/Herpetologist/Arborist Senior GIS Specialist $65–175 Planner Environmental Planner Transportation Planner/Engineer Air Quality/Noise Specialist Cultural Resources Manager Biologist/Botanist
Wildlife Biologist/Ecologist/Soil Scientist/Herpetologist/Arborist GIS Specialist $50–125 Assistant Planner Assistant Environmental Planner Assistant Transportation Planner/Engineer
Air Quality/Noise Analyst Cultural Resources Analyst Assistant Biologist/Botanist/Wildlife Biologist/Ecologist/Soil Scientist/Herpetologist/Arborist Assistant GIS Specialist $50–100
Field Services Field Director $50–100 Senior Field Crew/Field Crew $35–80 Office Services Research Assistant/Technician $25–50 Graphics $70–100 Office Assistant $40–75 Word Processing/Technical
Editing $60–90 a The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $250 per hour regardless of job classifications.
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oga SOQ-1.doc (5/6/2008) 17 Table 3: Direct Expenses Unit Cost Reproduction $0.10 per page Color Reproduction (8.5 x 11) $1.00 per page Color Reproduction (11 x 17) $3.00 per page Mileage
Road $0.505 per mile Off-Road $0.655 per mile Facsimile $1.00 per page CD Production $5.00 per CD Plotting $5.00 per linear ft. Diazo Printing $0.20 per sq. ft. Film (developing billed
separately as a direct cost) $5.00 per roll Disposable camera and film (developing billed separately as a direct cost) $10.00 per camera Search of Specialized Data Bases $100.00 per
inquiry GPS Unit $100.00 per day Aerial Photos $200.00 per photo 197
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O:\PROPOSAL\08021-Saratoga Environmental\Saratoga SOQ-1.doc (5/6/2008) 19 IV. INSURANCE LSA maintains appropriate professional liability insurance, errors and omissions insurance, and
workers’ compensation insurance coverage. Our coverage is shown in Table 4. Table 4: Insurance Coverage Coverage Insurance Company Limit(s) Deductible Bests’ Rating Additional Insured
Primary Wording Waiver of Subrogation Cross Liability/Severability of Interest Commercial General Liability Zurich American Insurance Company $1,000,000 ea. occurrence $2,000,000 aggregate
none A:XV OK OK OK OK Automobile Liability Hartford Fire Ins. Co. $1,000,000 per accident none A+:XV OK OK OK OK Workers’ Comp. and Employer’s Liability-CA American Automobile Ins. Co.
(Fireman’s Fund) Workers’ Comp: Statutory Employer’s Liability: $1,000,000 none A:XV NO NO YES Blanket Coverage NO Excess Liability Steadfast Insurance Company $1,000,000 per occurrence
and in the aggregate. Excess coverage over General Liability, Automobile Liability and Employer’s Liability. $10,000 A:XV Follows form of underlying coverage, but no endorsement is issued
NO NO NO Professional Liability (also known as Errors & Omissions) including Contractors’ Pollution Legal Liability Zurich American Insurance Company $2,000,000 per claim $4,000,000
aggregate $50,000 per claim A:XV NO NO -all professiona l liability policies are excess of any other valid & collectible insurance NO NO 199
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O:\PROPOSAL\08021-Saratoga Environmental\Saratoga SOQ-1.doc (5/6/2008) 21 V. CURRENT CLIENTS A list of current clients for the Berkeley and South San Francisco offices is shown in Table
5. Table 5: Current Clients Public Private City of Albany American Land Lease City of Antioch Barnard, Dunkelberg and Company City of Belmont Bentley School City of Benicia Community,
Design + Architecture City of Berkeley Diamond J Corporation City of Brisbane DMJM Harris Town of Colma Dokken Engineering City of Concord The Dutra Group Contra Costa Community College
District Forest City Residential East Bay Regional Park District Guadalupe Valley Quarry City of East Palo Alto Langley Hill Quarry City of El Cerrito Luce, Forward, Hamilton & Scripps,
LLC City of Emeryville Rajappan & Mayer Engineers City of Fairfield Rockaway Beach Corporation City of Fremont RRM Design Group City of Livermore Sacramento Mutual Housing Association
City of Menlo Park San Leandro Rock Co. City of Millbrae Shute, Mihaly & Weinberger LLP City of Milpitas Syar Industries, Inc. City of Oakland West Coast Aggregates City of Oakley Williams
& Dame Development, Inc. County of San Benito City and County of San Francisco San Francisco Public Utilities Commission City of San Jose County of San Mateo City of Saratoga County
of Yolo Company-wide, LSA has several thousand active contracts. 201
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May 7, 2008 Response to RFP M E T R O P O L I T A N P L A N N I N G G R O U P , I N C . P R O P O S A L CURRENT PLANNING CONSULTING SERVICES • CITY OF SARATOGA 4 0 0 w e s t e v e l
y n a v e n u e • s u n n y v a l e c a l i f o r n i a 9 4 0 8 6 T 4 0 8 7 3 0 4 1 0 6 • F 4 0 8 7 3 0 5 1 8 6 • w w w . m p l a n n i n g g r o u p . c o m 228
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 1 SUMMARY INFORMATION Firm: Metropolitan Planning Group, Inc. (M-Group) Address: 400 west evelyn avenue sunnyvale california
94086 Contact: T 408 730 4106 F 408 730 5186 Webpage: www.mplanninggroup.com Project Manager: Heather Bradley, Senior Planner Key personnel: Geoff Bradley, Principal Karen Hong, Associate
Planner Judie Gilli, Associate Planner Estimated Project Timeline: July 1st 2008 – June 30th 2011 (36 months) Optional Extension: July 1st 2011 – June 30th 2013 (24 months) M-Group Billing
Rates: $ 100.00 – 110.00/hour (Senior Planner) (Please see table on page 23 for more detail) 229
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 2 CURRENT PLANNING SERVICES CONSULTANT INTRODUCTION TO THE M-GROUP TEAM Metropolitan Planning Group, Inc. (“M-Group”)
proposes to serve as the City’s consulting Planner for a three year period with an optional extension of two years. M-GROUP BACKGROUND M-Group was created in order to bring innovative
and effective planning solutions to a wide range of public and private clients. M-Group has provided high caliber professional planning services to many of the communities in the Bay
Area Metropolitan region. All of the planners in M-Group have a wide range of public sector and private experience that adds value and perspective to our work. M-Group city planners
have experience working and consulting for the following numerous public agencies
in the Bay Area; as both regular city staff and consultants. Our Public Sector experience includes work with the following public agencies: ?? City of Burlingame ?? City of Cupertino
?? City of Daly City ?? City of Foster City ?? City of Fremont ?? Town of Los Gatos ?? City of Milpitas ?? City of Monte Sereno ?? City of Mountain View ?? City of Palo Alto ?? City
of Redwood City ?? City of San Carlos ?? City of San Mateo ?? City of Santa Clara ?? City of Saratoga ?? City of Sunnyvale ?? City of Vallejo ?? Town of Woodside 230
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 3 This blend of experience creates a dynamic and multifaceted approach that spans the range of city planning experience.
This allows us to offer innovative and effective city planning solutions. Our work culture is one of teamwork, collaboration and open communication. We believe this represents a new
design on urban planning. SERVICES The company brings together experienced city planners under one roof so that we can effectively offer a range of services including: ?? Community Visioning
?? Policy Planning ?? Environmental Process Management ?? Urban Design ?? Transit Oriented Development ?? Development Review ?? Project Management ?? Entitlement Services Visioning –
M-Group is able to work with communities to establish a common vision for the future. This becomes the foundation for successful planning. Policy Planning – The planners at M-Group have
real-world experience crafting General Plans, Zoning Codes, Design Guidelines, Area Plans and and Precise Plans that help communities achieve their established goals. Environmental Process
Management – M-Group staff has experience managing complex environmental analyses for large-scale urban projects. Urban Design – M-Group provides design services, including site design
and feasibility studies to help plan proposed developments within existing developed settings. Whether it is design for a new infill housing development, or redevelopment of an existing
industrial complex, we offer assistance with site design and feasibility studies. We also offer streetscape urban design services to bring unique, pedestrian-friendly environments to
our communities. 231
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 4 Design Guidelines – Our experienced city planners include staff specializing in urban design, design review, and graphic
design for Design Guidelines. Specifically, our staff has extensive and in-depth knowledge of design guidelines and design review services in nearby jurisdictions with similar goals
for residential and commercial development. Our staff has the graphic expertise to produce clear, concise diagrams and drawings, and userfriendly documents with thoughtful layouts to
convey City guidelines unambiguously. Transit Oriented Development – M-Group planners have first-hand experience guiding Transit Oriented Development projects to completion, ranging
from the transformation of the Crossings neighborhood and the cutting edge Whisman Station in Mountain View, to the award-winning Park Tower Place townhomes in Campbell. Development
Review – With our depth of experience in numerous Bay Area public agencies, we know first hand what the issues are that drive a successful development review process. With a focus on
efficient, timely delivery of services, and a commitment to quality results, our experienced staff can plug into any planning department in the Bay Area and provide a seamless extension
of staff resources. Project Management – M-Group is capable of organizing and managing resources to complete a quality project within a defined scope, under time and cost constraints.
We focus on optimizing resources to achieve project goals, and we consciously seek to build long-term relationships with our clients, create consensus and add value to the agencies and
firms we work with. We also have extensive experience managing complex projects that require significant environmental review. 232
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 5 PROPOSAL M-Group proposes the following Scope of Work in response to the request from the City of Saratoga to provide
current planning services on an “asneeded basis”. The City of Saratoga is a rural community in the western area of the Santa Clara valley characterized by a charming downtown, breathtaking
mountains, lush creeks, beautiful residential neighborhoods and high caliber public and private schools. The residents of the City have a strong sense of community and desire to maintain
the rural atmosphere of their neighborhoods and preserve the health of the natural environment that makes Saratoga so unique. M-Group proposes the following scope of work to assist with
the ongoing staffing needs within the Planning Division of the Community Development Department: 1. Review and analyze current planning projects including but not limited to Design Review
applications, Conditional Use Permits, Sign permits, Subdivision Map applications, Lot Lot Line adjustments, with accompanying environmental review. 2. Develop and maintain professional
relationships with City Staff, applicants and interested members of the community. 3. Plan, organize and co-ordinate project conditions and review with City Staff. 4. Discuss project
complexities and potential impacts with neighbors and interested members of the community. 5. Prepare Staff Reports and make project presentations to the Heritage Preservation Commission,
Planning Commission, and City Council. 6. Ensure implementation of the Zoning Ordinance, General Plan, Specific Plans and Residential Design Guidelines. 7. Manage project implementation
beyond the approval stage through final permit, ensuring implementation of project specific conditions. 8. M-Group Staff will at all times maintain a high level of customer service,
strong work ethic and excellent technical and interpersonal skills. 233
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 6 M-Group anticipates providing 10 to 20 hours per week as needed. A minimum of 8 hours per week will allow for full
allocation of staff. CONCLUSION M-Group proposes to provide Heather Bradley, Senior Planner, to meet the City’s Current Planning Consulting service needs. Key personnel who are also
available to meet the City’s needs as necessary are; Geoff Bradley, Principal, Karen Hong, Associate Planner, and Judie Gilli, Associate Planner. M-Group believes that this scope of
work will allow the City to be confident that the additional staffing needs of the Planning Division will be met and the Staff and public’s expectations for quality city planning services
will be exceeded. 234
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 7 EXCEPTIONS BILLING AND PAYMENTS M-Group will bill the City of Saratoga on an hourly as needed basis for services.
M-Group bills clients on a monthly basis at the first of the month for accrued hours and appreciates payment within 30 days. Reimbursables, if any, are billed separately. The firm’s
rate schedule is attached. FINANCIAL STABILITY, CAPACITY AND RESOURCES M-Group is a fully incorporated firm, formed by Whitney McNair, AICP, and Geoff I. Bradley, both partners with
over 15 years of city planning experience each, in both private and public sectors. M-Group has the financial stability, capacity and resources to meet the planning consultant needs
of the client. The firm is diversified with a balance of public and private sector clients, and based on a carefully planned, detailed business plan. The firm is financially secure in
terms of monthly cash flow as well as working capital. INSURANCE M-Group has business liability coverage through Hartford Casualty Insurance Company. Under this plan, we have liability
and medical expenses coverage in the amount of $2,000,000, workers compensation coverage in the amount of $1,000,000 and errors and omissions coverage in the amount of $1,000,000. EXCEPTIONS
M-Group is not requesting any exceptions to the City of Saratoga’s standard contract provisions. 235
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 8 PUBLIC AGENCY CLIENTS AND PRIVATE CLIENTS M-Group is currently working for the following Public Agencies and private
clients: Public Agencies ?? City of Burlingame ?? City of Daly City ?? City of Fremont ?? City of Foster City ?? City of Milpitas ?? City of Monte Sereno ?? City of Palo Alto ?? City
of San Carlos ?? City of San Mateo ?? City of Santa Clara ?? City of Saratoga ?? City of Redwood City ?? City of Vallejo Private Clients ?? Sand Hill Development ?? Trinity Church of
Sunnyvale M-Group has previously worked for the additional following Public Agencies and private clients: Public Agencies ?? City of Cupertino ?? City of Mountain View ?? City of Sunnyvale
?? Town of Los Gatos ?? Town of Woodside Private Clients ?? Santa Clara Development Company ?? Dostart Development Corporation ?? Dr. Young & Associates ?? SRM Development ?? KB Urban
?? The Riding Group ?? Taylor Woodrow Homes ?? Dollinger Properties ?? Skip Reid Builders ?? Prometheus ?? Sweeney & Company ?? Dr. Gary Gold ?? Steve Dostart ?? Broadreach Capital ??
Nick Gera ?? Castle Companies 236
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 9 CONSULTANT EXPERIENCE AND PROJECT STAFFING M-Group looks forward to providing a seamless extension of planning staff
to provide excellent customer service, efficient project management and effective communication of application details to City Staff, Council, Commissions and the community. M-Group
has put together a team of four members who possess the required expertise and background qualifications to contribute to the staffing needs of the City of Saratoga. PROJECT MANAGER
Heather Bradley, Senior Planner Heather Bradley has over 15 years of planning experience with seven of those years working for the community of Saratoga. She has experience with the
City both as a consultant and regular City staff planner. There she has gained valuable experience working on residential hillside development ranging from single-family design review
to fifteen lot subdivisions and a 10 unit Artists in Residency project at the historic Villa Montalvo. She has experience serving as Secretary to the Historic Preservation Commission
for several years and as primary planner for development projects in the Historic Village downtown. She has unique insight into the complexities of hillside and other residential development
and the effects on neighboring residents and the community. She also has over five years of Residential Design Review experience for the City of Sunnyvale implementing their Single Family
Residential Design Guidelines adopted in 2001. Ms. Bradley has experience working closely with developers, landowners, neighbors, geologists, arborists, biologists, and engineers to
balance the impacts of development on surrounding neighborhoods. She also has experience managing and preparing the environmental review documents for subdivisions and developments with
a high degree of public scrutiny and interest. 237
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 10 The following are relevant examples of projects for which Ms. Bradley worked as a City staff planner: Hayfield Estates
Subdivision – Property formerly the site of the Hayfield Estate, residence and outbuildings designed by Julia Morgan. Property was developed by Pinn Brothers Construction, creating 15
lots on an approximately 20-acre site adjacent to Wildcat Creek with slopes ranging from approximately 10 to 20 percent. Located at Spaich Court at La Paloma and Hayfield Court at Douglass
Lane, Saratoga. Development Issues: ?? Wildcat Creek ?? Creek Protection Setbacks ?? Historic Home Preservation ?? Traffic ?? Pedestrian Access ?? Tree Preservation ?? Design Review
Project Site – Hayfield Estate Subdivision 238
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 11 Les Chateaux Dame deNamur Subdivision – Property formerly the site of the Sisters of Notre Dame deNamur convent.
Property developed by Sobrato Development, created 11 lots on an approximately 23 acres with slopes ranging from 10 to 30+ percent. The project included creation of a pedestrian path
with road improvements and a retaining wall on Bohlman Road which preserved several dozen mature Oak and Redwood trees. Located at Cuvilly Way at Bohlman Road, Saratoga. Development
Issues: ?? Historic Evaluation ?? Cemetery Expansion Issues ?? Tree Preservation ?? Difficult Road and Access Issues ?? Steep Slopes ?? Subdivision Design Project Site – Les Chateaux
Dame deNamur Subdivision 239
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 12 Artists in Residency Cottages at Villa Montalvo – Property formerly a vacant hillside within the California State
Historic Landmark -Villa Montalvo Park. Project developed as a collaborative with the Villa Montalvo Association and a design team of 11 internationally renowned architects, created
20 artist cottages (in 10 buildings) and one common building. Site approximately 10 acres characterized by steep slopes over 30 percent with a creek and seasonal stream running along
two sides of the hillside. Development Issues: ?? Overall Use Permit Consistency ?? Noise Concerns ?? Grading ?? Biotic Resources ?? Tree Preservation ?? Architectural Review ?? Geological
issues with Slope Stability Project Site – Artists in Residency Cottages at Villa Montalvo 240
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 13 The following are relevant examples of projects for which Ms. Bradley worked with the City of Saratoga as a contract
planner: Tollgate Building – A Mixed Use Development on Big Basin at Sixth Street, developed by Gene Zambetti. Property formerly a single family residence adjacent to Saratoga Creek,
located between a multi-unit residential development and a law office. Project included a retail/office building at the front of the lot and a two unit residential building at the rear.
Development Issues: ?? Overall Use Permit Consistency ?? Pedestrian access ?? Grading ?? Architectural Review ?? Geological issues with Slope Stability ?? Impacts to views and privacy
Project Site – Tollgate Building 241
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 14 Brookside Townhomes. A development at Saratoga-Sunnyvale Road and Arbeleche Lane – Development of a twenty unit townhome
project on a property formerly the site of a twenty unit apartment complex adjacent to Saratoga Creek. The property was developed by JSM Enterprises. Proposed development included demolition
of existing structures, design review of multi-unit structures, removal and relocation of ordinance protected trees, realignment of the access road. Project included environmental review
and Mitigated Negative Declaration. Development Issues: ?? Architectural Design Review and Use Permit consistency ?? Creek and biotic impacts ?? Grading and Geological issues with Slope
Stability ?? Impacts to views and privacy ?? Relocation of existing residents Project Site – Brookside Townhomes 242
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 15 Sam Cloud Barn Addition – Retail/Office building adjacent to the Historic Sam Cloud Barn at 3rd Street and Big Basin
Way -Project development by Sam Cloud Barn LLC. The project site was a steeply sloped vacant lot located between the rear of a commercial building and a public parking lot. The development
included design review use permit and variance approval of a new multi-story retail and office building in the historic Saratoga Village. Development Issues: ?? Architectural Design
Review ?? Compatibility with the neighboring historic structure ?? Variance analysis ?? Grading and Geological issues with Slope Stability ?? Impacts to available parking and neighboring
businesses ?? Relocation of residents Project Site – Sam Cloud Barn Addition 243
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 16 The following is a relevant examples of a project for which Ms. Bradley worked as a consulting planner for the City
of Redwood City: Laurel Way Subdivision – Proposal for an 18 lot subdivision with one common lot in the Emerald Hills neighborhood of Redwood City. Project includes construction of a
new access road and building site approvals on a steeply sloped and heavily wooded 5.1 acre site. Development applicant Laurel Way Joint Venture comprised of 16 landowners. Development
Issues: ?? Environmental Impact Report required ?? Grading and Geologic Stability ?? Hydrology and Storm Drainage ?? Preservation of mature trees ?? Preservation of view ?? Construction
of retaining walls ?? Neighborhood input/Community Workshops Project Site – Laurel Way Subdivision 244
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 17 KEY PERSONNEL Geoff Bradley, Principal Geoff has over 15 years of professional public and private experience working
with a variety of architectural, planning, development firms and public agencies. This includes 10 years of public sector experience with Bay Area planning and redevelopment agencies.
Geoff has worked with numerous jurisdictions throughout the Bay Area. He has been involved in downtown revitalization, major commercial, mixed-use, transit oriented projects, as well
as updates of General Plans and Zoning Codes. Geoff combines creative problem solving with the ability to work with a wide variety of stakeholders to achieve community goals. Karen Hong,
Associate Planner Karen Hong worked on a number of public and private sector projects including design review and project management. She has experience as both an architect and Urban
Planner. Karen is currently preparing illustrated residential design guidelines for the City of Monte Sereno, as well as serving as consulting Planning Staff in the City of San Carlos
and managing Administrative Design Review applications for the City of Saratoga. Judie Gilli, Associate Planner Judie Gilli has over nine years of professional planning experience including
three years with the City of Los Gatos, and three years with the San Jose Redevelopment Agency. Judi has experience managing Administrative Design Review applications for the City of
Saratoga and is currently serving as consulting Planning Staff in the Cities of Milpitas and Palo Alto. 245
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 18 STAFF QUALIFICATIONS HEATHER BRADLEY Planning Professional Collaborative planning professional with over fifteen
years experience in private and public sector planning. Highly skilled in oral and written communication with a very strong design and development review capability. Professional Experience
Metropolitan Planning Group, Senior Planner Provide on-going professional planning services to a variety of cities including Sunnyvale and Saratoga. Development review of complex and
often controversial projects. City of Sunnyvale, Contract Planner Negotiate with Developers and Home Owners for Modifications to Development Plans. Conduct Design Review for Commercial
and Residential Projects. Staff Public Counter and provide public information. City of Saratoga, Contract Planner Conduct design review for residential projects. Staff the Heritage Preservation
Commission. Analyze Projects for Conformance to Preservation Ordinance and State Standards, Coordinate Meetings and Site Visits. City of Saratoga, Associate Planner Manage Current Planning
Projects including numerous hillside developments. Conduct Design Review for Commercial and Residential Projects. Present Staff Reports and Recommendations to Planning Commission and
City Council. Prepare Planning Brochures of Various Zoning Regulations for Public Counter. Coordinate the Preparation of EIR’s and Traffic Studies. Staff the Heritage Preservation Commission.
Analyze Projects for Conformance to Preservation Ordinance and State Standards. Crawford Multari & Starr, Planner Prepare Residential Site Design Plans. Facilitate Public Workshops.
Prepare Plan Graphics & GIS Maps for Zoning Code Updates. Profile EXPERIENCE 2006 to Present Senior Planner Metropolitan Planning Group, Inc. (M-Group) 2002-2006 Contract Planner City
of Sunnyvale 2000-2001 Contract Planner City of Saratoga 1997-2000 Associate Planner City of Saratoga 1995-1997 Assistant Planner City of Saratoga 1993-1995 Planner Crawford Multari
Multari & Starr EDUCATION Bachelor of Science in City and Regional Planning California Polytechnic State University, San Luis Obispo 1992 OTHER EXPERIENCE Housing Assistant City of Sunnyvale
246
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 19 GEOFF I. BRADLEY Principal Geoff Bradley has a background in planning and architecture, with a particular emphasis
on policy planning and design review. In 2006, he and Whitney McNair, AICP, formed Metropolitan Planning Group (M-Group) with a focus on policy planning, development review, urban design,
project management and visioning for public and private clients. Planning Professional Results-oriented planning professional with over fifteen years experience in private and public
sector planning. Highly motivated with ability to combine creative ideas and analytical decision-making. Strong communicator with excellent written, presentation skills and design background.
Areas of Special Expertise ?? Visioning ?? General Plan and Zoning Code Updates ?? Ordinance Preparation ?? Site Planning/Urban Design ?? Public Speaking ?? Architectural Design Review
Professional Experience Metropolitan Planning Group, Principal Manage Professional Planning firm offering a wide array of services to public and private clients. Recent client services
include development review for the cities of Cupertino, Mountain View, Milpitas and Vallejo. Oversaw preparation of Policy Planning documents including Specific Plans, Green Building
ordinances and Design Guidelines. Private sector entitlement services for mixed-use, senior housing, churches, schools and regional shopping centers. Profile EXPERIENCE 2006 to date
Principal Metropolitan Planning Group, Inc. (M-Group) 2005-2006 Forward Planning Manager KB Home 2000-2005 Senior Planner City of Campbell 1997-2000 Redevelopment Coordinator City of
Campbell 1995-1997 Associate Planner City of Sunnyvale 1990-1995 Associate Planner RRM Design Group 1985-1987 Morris Skenderian & Associates EDUCATION Master of Science in Architecture
California Polytechnic State University, San Luis Obispo 2005 Bachelor of Science in City and Regional Planning California Polytechnic State University, San Luis Obispo 1992 Landscape
Architecture and Urban Studies University of Sheffield, United Kingdom 1989 247
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 20 GEOFF I. BRADLEY (continued) City of Campbell, Senior Planner Managed all functions of the Planning Division including
supervision of professional and administrative staff of both Current and Advanced Planning sections. Managed day-to-day operation of the Planning Division. Staffed the Heritage Preservation
Board, Planning Commission and City Council. Directed a comprehensive update of the General Plan and Zoning Code including EIR. Managed the entitlements for high profile commercial,
industrial, residential and mixed including Marriott hotel, Kohl’s, Bed Bath & Beyond, Water Tower Place, downtown Master Development site. City of Campbell, Redevelopment Coordinator
Managed the downtown revitalization program. Created and evaluated development pro-formas for new development. Initiated and implemented the highly successful weekly Farmers’ Market.
Managed the Downtown parking structure project and the Storefront Improvement Program. Recruited numerous retail and restaurant businesses in the downtown. City of Sunnyvale, Associate
Planner Responsible for the processing of large, complex residential, commercial and industrial development projects. Prepared and presented staff reports to the Planning Commission
and City Council. Coordinated preparation of CEQA documents. RRM Design Group, Associate Planner Prepared site and architectural designs for residential, commercial and recreational
uses, coordinated and conducted public outreach efforts including workshops and design charettes, wrote and illustrated Specific Plans and Design Guidelines. Prepared streetscape and
urban design studies for cities and counties. MEMBERSHIPS American Planning Association (APA) Campbell Bicycle Advisory Committee AWARDS 1999 – San Jose Mercury News Design a monument
to Silicon Valley Grand Prize Winner 1996 – Shop Sunnyvale Logo Design Contest 1987 – Pratt Institute National Talent Search 248
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 21 KAREN HONG Professional Experience Metropolitan Planning Group, Associate Planner Worked on a number of public and
private sector projects including design review and project management. Boston Redevelopment Authority, City Planner, Intern Assisted mediation among various city agency officials, consultant
groups, and citizen groups. Collaborated with curator and artists for Boston Art Windows, set up public art exhibition downtown. Coordinated publicity for downtown and neighborhood projects,
including websites and press releases. Conferred with consultants on strategic plans and implementation for Boston neighborhoods. Advised developers and landowners on zoning regulations
and design guidelines. SmithGroup Inc, Architect, Intern Led a project under broad supervision of partner, designed floor plan, met one-on-one with client-director and city planner to
address project constraints. Collaborated with firm partners and architects to produce project plans for medical and research facilities. Held discussions with engineering consultants
to ensure construction feasibility. Prepared construction drawing sets, design reports, and 3D models. Professor Richard Meier, UC Berkeley, Researcher & Illustrator Researched topics
on city planning, sustainability and future studies. Illustrated themes, concepts, and statistics for published research papers. Profile EXPERIENCE 2007 to Present Associate Planner
Metropolitan Planning Group, Inc. (M-Group) Jun 2006-Aug 2006 City Planner, Intern Boston Redevelopment Authority, Boston, MA Feb 2005 – Aug 2005 Architect, Intern Smith Group, Inc.,
San Francisco, CA Sep 2002 – Feb 2005 Researcher & Illustrator Prof. Richard Meier, U.C. Berkeley EDUCATION Master of Urban Planning Harvard University Graduate School of Design 2007
Bachelor of Arts in Architecture University of California, Berkeley 2005 Minor in City and Regional Planning 2005 249
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 22 JUDIE SOO GILLI Professional Experience Metropolitan Planning Group, Associate Planner Conduct development review
applications for various cities in the Bay Area, including residential, commercial and mixed-use projects. Process entitlements for a variety of national and local developers. Town of
Los Gatos, Assistant Planner Reviewed development applications in accordance with the Town’s General Plan, Zoning Ordinance and Development Standards for residential, hillside and commercial
projects. Coordinated with other Town departments to provide a seamless review process for applicants. Prepared staff reports for the planning Commission and Town Council on various
development applications and land use permits. Assisted in the development of a specific plan for 40-acre area (North 40 Specific Plan). Redevelopment Agency of the City of San Jose,
Development Specialist Project planner for current planning entitlements in Downtown San Jose including site development, planned development, and conditional use permits for commercial
and residential projects. Reviewed and analyzed development proposals for Zoning and General Plan compliance. Prepared staff reports for consideration by Planning Commission, Historic
Landmark Commission, City Council and Redevelopment Board. Coordinated with other City departments through the review process. Responsible for the coordination of the entitlement process
with redevelopment agreements. Prepared a request for qualifications (RFQ) for the Downtown’s Mixed Use EIR. Brian Kangas Foulk, Assistant Planner Conducted research, field visits and
investigation necessary for planning application submittals. Prepared tentative, final maps and feasibility studies for subdivision projects. Created conceptual subdivision designs and
parking lot configurations for commercial and residential projects and conducted slope analysis. Served as the Construction Impact Coordinator
for the Bay Meadows Development project in San Mateo. Mateo. Profile EXPERIENCE 2006 to Present Associate Planner Metropolitan Planning Group, Inc. (M-Group) 2003-2006 Assistant Planner
City of Los Gatos 2000-2003 Development Specialist Redevelopment Agency of the City of San José 1998-2000 Assistant Planner Brian Kangas Foulk EDUCATION Bachelor of Science in City and
Regional Planning California Polytechnic State University, San Luis Obispo 1998 250
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 23 METROPOLITAN PLANNING GROUP RATE SCHEDULE Principal Planner $125/hour Senior Planner $100/hour Associate Planner
$85/hour Assistant Planner $70/hour Planning Tech/Admin $60/hour Reimbursables billed separately. Effective April 25, 2007 M-Group proposes to maintain the current rate schedule as shown
above to remain constant through FY 08-09 (until June 30th, 2009). A 5% annual increase thereafter is proposed as shown below: FY 08-09 FY 09-10 FY 10-11 Principal Planner $125 $131
$138 Senior Planner $100 $105 $110 Associate Planner $85 $89 $93 Assistant Planner $70 $74 $78 Planning Tech/Admin $60 $63 $66 251
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 24 EVIDENCE OF INSURANCE Evidence of Insurance for the City of Saratoga: Policy Effective: February 1, 2008 to February
1, 2009. M-Group is currently in the process of obtaining the updated insurance form. 252
City of Saratoga May 7, 2008 M-Group 100% Recycled Paper Proposal 25 253