HomeMy WebLinkAbout07-16-2008 City Council Agenda PacketCITY OF SARATOGA CITY COUNCIL SITE VISIT AGENDA MONDAY, JULY 14, 2008 9:30 A.M. ROLL CALL REPORT OF THE POSTING (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly
posted on July 10, 2008) AGENDA 1. Appeal – APCC08-0002; Subject Property Address –20731 St. Charles Street; Subject Property APN – 517-08-025; Appellant – Francis, Ginouves, and Ringsrud;
Property Owner –Estahbanaty: The appellant is appealing a decision by the Planning Commission. The Planning Commission granted design review approval for a new two-story home at the
subject property. The gross lot size is 6,012 square feet, and the site is zoned R-1-10,000. 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 July 10, 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 10th day of July 2008 at Saratoga, California.
Ann Sullivan, CMC Acting City Clerk
AGENDA CITY OF SARATOGA CITY COUNCIL SPECIAL MEETING JULY 16, 2008 CLOSED SESSION – 5:40 P.M. – ADMINISTRATIVE CONFERENCE ROOM – 13777 FRUITVALE AVENUE. REPORT OF CITY CLERK ON POSTING
OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on July 10, 2008.) COMMUNICATIONS FROM PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any
member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or
taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications – Council Direction
to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel – Anticipated Litigation: Initiation
of Litigation pursuant to Government Code section 54956.9(c)): (1 potential case) OPEN SESSION – 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER
– 6:00 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 July 10, 2008.) 1. Joint Meeting with the Saratoga
Area Senior Center Council (SASCC). Recommended Action: Informational only. ADJOURNMENT 1 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
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, July 16, 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 July 10, 2008) COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally
prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to
Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS SPECIAL PRESENTATIONS 1. Presentation on Measure A -2008
Recommended action: Informational only. 1
CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member
of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to
three (3) minutes. 2. Study Session Minutes -June 24, 2008 Recommended action: Approve minutes. 3. City Council Minutes -July 2, 2008 Recommended action: Approve minutes. 4. Review of
Accounts Payable Check Registers. Recommended action: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: June 26, 2008 July 03, 2008
5. Authorization to Sell Surplus Property to the Hakone Foundation Recommended action: Move to authorize the sale of 1995 Chevrolet S-10 Pick-up previously declared surplus by the City.
6. Adopt the Amendment to City Code Procedures for Setting Appeal Hearings Recommended action: Waive the Second Reading and adopt the Proposed Ordinance Amendment. 7. Saratoga-Sunnyvale
Road Rehabilitation & Overlay Phase 2 Project (Federal Project STPL-5332-010) -Notice of Completion Recommended action: Move to accept the Saratoga-Sunnyvale Road Rehabilitation & Overlay
Phase 2 Project as complete and authorize staff to record the Notice of Completion for the construction contract. 8. Saratoga Village Parking and Valet Service Report – Approval of Motor
Vehicle Resolutions Recommended action: 1. Accept report and provide direction to staff. 2. Approve Motor Vehicle Resolution replacing “15 Minute Parking 9:00 AM – 10:00 PM” in front
of 14577 Big Basin Way (APN: 503-25-007) with “15 Minute Parking” 9:00 AM – 6:30 PM”. 3. Approve Motor Vehicle Resolution replacing Commercial Loading Zone in front of 14527 Big Basin
Way, APN: 503-24-029 with “Two Hour Parking”. 2
4. Approve Motor Vehicle Resolution replacing “15 Minute Parking” in front of 14444 Big Basin Way (APN: 503-24-008) with “Two Hour Parking”. 9. Agreement Concerning Joint Use of Campbell
Union High School District Property (Prospect High School) Recommended action: Approve Joint Use Agreement with Campbell Union High School District for use of District Property and authorize
the City Manger to execute the same. 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 10. Appeal APCC08-0002 – Appeal of a Design Review Approval by the Planning Commission (Design Review Application PDR07-0016)
to Construct a New Two-Story Single-Family Residence at 20731 Saint Charles Street Recommended action: Staff recommends the City Council deny the appeal, thus approving the proposed
new two-story residence. 11. Hearing to Consider Adoption of a Resolution of Necessity (Eminent Domain) for the Acquisition of an Easement in Pacific Gas & Electric Right of Way for
Joe’s Trail at Saratoga De Anza Recommended action: Adopt a Resolution of Necessity making the appropriate findings and authorizing the initiation of eminent domain proceedings to acquire
an easement necessary for Joe’s Trail at Saratoga De Anza (“Project”). 12. Amendment to Valet Parking Ordinance to Eliminate Annual Review Requirement Recommended action: Staff recommends
the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached ordinance and waive the First Reading and direct staff to schedule
this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council meeting. OLD BUSINESS None NEW BUSINESS 13. Recommendation to convert
the Neighborhood Resource Officer (NRO) Position to a School Resource Officer (SRO) position Recommended action: Convert the existing NRO position provided by the Santa Clara County
Sheriff's Office to an SRO position and, if needed, revise the existing contract with the Sheriff's office to reflect this change. 3
14. Heritage Orchard Oversight Recommended action: Accept report and direct staff accordingly. 15. City of Saratoga Code of Ethics and Values Recommended action: Review and approve,
modify, or deny adoption of the attached Code of Ethics and Values for the City of Saratoga. 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 Managers 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 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 West Valley Solid
Waste Joint Powers Association 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 4
Airport Land Use Committee 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 July 10, 2008, at 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 10th day of July 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5
CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 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 6
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: Presentation on Measure A – 2008 RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Christopher Wilder, Executive Director of the Valley Medical Center Foundation
will give a 5-minute presentation on "Measure A". This measure was placed on the November 2008 ballot by the Santa Clara County Board of Supervisors, and it would raise $840 million
if passed in November by two-thirds of the voters in Santa Clara County. The actual ballot language, which explains why in addition to what, is contained in the one-page endorsement
form attached. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting
of agenda. ATTACHMENTS: 1) Santa Clara County Medical Center Seismic Safety 2) Measure A 2008 7
7/2/2008 Slide 1 SANTA CLARA VALLEY 06/12/2008 SANTA CLARA VALL EMY EMDEICDIACLA CL ECNETNETRE RSE SISEMISICM ISCA SFEATFYE TPYR OPRJOECJETCT 1 Santa Clara Valley Medical Center Seismic
Safety – A Call To Action July 2, 2008 8
7/2/2008 Slide 2 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Impact on Santa Clara Valley Medical center (SCVMC) • SCVMC has 524 general acute-care hospital beds* – Almost
half in seismically compliant buildings – Over half – 272 beds -are not • County must make substantial changes to SCVMC’s inpatient facilities BY 2013 to maintain: – Licensed bed capacity
– Current level of service to community • Meeting State seismic safety law requirements drove development of SCVMC Seismic Safety Project *SCVMC is licensed for 574 beds including 524
general acute-care beds & 50 acute psychiatry beds 9
7/2/2008 Slide 3 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT SCVMC Today • Largest provider of care in Santa Clara County – One in four residents of the County receives
care at SCVMC over a four-year period – Since 2000, the number of patients seeking care at SCVMC has increased 45% as: • San Jose Medical Center closed • Other area hospitals stopped
accepting Medi-Cal patients – Delivered nearly 6,000 babies last year 10
7/2/2008 Slide 4 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT SCVMC Today • SCVMC Burn Center – One of only two regional burn trauma centers between Los Angeles & the Oregon
border – Specifically designated for the care, treatment & rehabilitation of thermal, chemical & electrical injuries – Treating adult & child burn patients for over 35 years – Approximately
250 patients will be treated this year – 40% of whom are children • SCVMC Trauma Center – Highest level trauma center – Providing care to majority of residents severely injured in Santa
Clara County – adults & children – for the past 20 years – SCVMC responds to nearly 2,000 trauma alerts each year – Over 1,200 trauma patients admitted to SCVMC a year 11
7/2/2008 Slide 5 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT SCVMC’s Future Without Seismic Safety Project SCVMC would be forced to close 272 of its 524 beds – a 52% reduction!
This loss of capacity at SCVMC could create a serious void in the County’s healthcare safety net, affecting both insured & uninsured patients • By 2013, some 11,000 people requiring
hospitalization would be unable to access medical care since Santa Clara County already has the lowest ratio of available hospital beds per 1,000 residents of any urban region in the
nation • Closure of SCVMC Trauma Center • Closure of SCVMC Burn Center • Dramatic increases in emergency room wait-times & ambulance diversions throughout the community • Loss of virtually
all surge capacity to respond to natural or human-caused disasters such as earthquakes, pandemic flu or terrorist attacks 12
7/2/2008 Slide 6 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Project Phasing Project to be accomplished in two phases paralleling the milestones in the State seismic law:
• Phase 1 -By 2013/15: – Bed Building 1 (168 beds) & associated parking structure (1400 spaces w/solar panels) – $950 million • Phase 2 -By 2030: – Bed Building 2 (104 beds) & associated
services building (materials management, dock, dietary kitchen) – $502 million 13
7/2/2008 Slide 7 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Project Vision • Protect the community • Foster a care-delivery model in which the patient is the highest priority
• Facilitate cost-effective healthcare delivery • Enhance the financial stability of SCVMC • Support accomplishment of SCVMC’s mission & strategic initiatives 14
7/2/2008 Slide 8 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT County Board of Supervisors’ Actions to Date • Committed $178 million toward initial years’ costs of Phase 1
of SCVMC Seismic Safety Project $ 5 million -County capital funds $ 73 million – San Jose Delegated RDA funds $100 million -Tobacco Securitization funds • Voting to place $840 million
General Obligation Bond measure on November ballot $790 million for Phase 1 of SCVMC Seismic Safety Project $ 50 million toward development of outpatient medical facilities in downtown
San Jose 15
7/2/2008 Slide 9 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Bed Building Phasing -Existing Site Conditions ANSHEN+ALLEN 16
7/2/2008 Slide 10 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Bed Building Phasing – Step 1 Demolition of Outpatient & Administration Buildings ANSHEN+ALLEN 17
7/2/2008 Slide 11 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Bed Building Phasing – Step 2 Construction of Bed Building 1 ANSHEN+ALLEN 18
7/2/2008 Slide 12 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Bed Buildings -Aerial View -Northeast ANSHEN+ALLEN 19
7/2/2008 Slide 13 SANTA CLARA VALLEY MEDICAL CENTER SEISMIC SAFETY PROJECT Bed Buildings -Renova Drive Entry View ANSHEN+ALLEN 20
YYeess oonn MMEEAASSUURREE AA 2008 VMC Seeeiiisssmiiiccc Safffeeetttyyy Commiiitttttteeeeee YES, ____________________________ supports and endorses MEASURE A, “Hospital seismic safety
and medical facilities” with ballot language to read: “To prevent the state mandated shutdown of half of Santa Clara Valley Medical Center’s beds, closure of SCVMC’s trauma, burn center;
and, loss of disaster response, by rebuilding, and improving earthquake safety of the hospital, meeting state seismic laws, and help replace closed medical facilities in downtown San
Jose, shall the county of Santa Clara issue $840 million in general obligation bonds with independent citizens’ oversight committee, annual audits, and no money for administrators’ salaries?”
I/we will help this growing coalition to ensure Measure A passes on November 4, 2008, and will commit to the following: Endorsing Measure A and allowing my name/name of my organization
to be used in official campaign materials. Contributing _______________ to the VMC Seismic Safety Committee. Joining a speakers bureau Writing/signing letters for publication in Bay
Area media. Phone banking, precinct walking, or “get out the vote” efforts near election day Other ___________________________________________________________ Name_____________________________Agency_
___________________________ Mail_________________________________email_____________________________ Phone___________________ For more information about this critical effort to protect
the health of our community, please call 408/315-9666 or email wilder.chris@vmcmatters.com VMC Seismic Safety Committee – 2400 Moorpark Ave., Box 201, San Jose CA 95128 21
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: Code of Ethics Study Session – Minutes – June 24, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following: Study Session
– June 24, 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 June 24, 2008 22
MINUTES SARATOGA CITY COUNCIL STUDY SESSION – CODE OF ETHICS JUNE 24, 2008 Mayor Waltonsmith called the meeting to order at 6:00P.M. Councilmembers adjourned to Closed Session. The City
Council held a Code of Ethics Study Session at 6:45 p.m. in the Administrative Conference Room. Mayor Waltonsmith called the Study Session to order at 6:45P.M. Mayor Waltonsmith announced
no reportable items from Closed Session. ROLL CALL: PRESENT: Councilmembers Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, and Mayor Ann Waltonsmith ABSENT: None ALSO
Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA Acting City Clerk Ann Sullivan reported Pursuant
to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on June 19, 2008. Mayor Waltonsmith stated the Study Session was scheduled at the request of Council to discuss
Code of Ethics. City Manager Dave Anderson noted Council had listened to a Code of Ethics presentation at the April 2, 2008 Council meeting and at that meeting Council directed staff
to schedule a Study Session for further discussion on this subject. Council members viewed various hand out materials including: o The Why’s and How’s of Campaign Ethics o Campaigning
Effectively for Local Office o City of Santa Clara’s Code of Ethics o The Pledge of Fair Campaign Practices o American Association of Political Consultants Code of Professional Ethics
o California Code of Fair Campaign Practices COUNCIL DISCUSSION ON CODE OF ETHICS FOR CITY OFFICIALS -Council discussed a number of matters pertaining to ethical norms and behaviors
in City government and felt that the public does expect their elected officials to abide by ethical behavior and rules at all times. 23
City Attorney Richard Taylor noted that a League of California Cities studies show that the public doesn’t have confidence in public officials. He stated that by having an adopted code
of ethics for public officials is a way to let the public know you are interested in the ethics policy. Council engaged in lengthy discussion about ethics and values, reviewed the hand
outs and felt that the Code of Ethics adopted by the City of Santa Clara contained many of the ethics and values needed to promote and maintain the highest standards of personal and
professional conduct in the City’s government. In addition, Council stated an adopted Code of Ethics for the City of Saratoga included all elected and appointed officials, City employees,
volunteers, and others who participate in the City’s government are required to subscribe to this Code, understand how it applies to their specific responsibilities, and practice its
core values in their work. DISCUSSION ON COUNCIL POLICIES -City Manager Dave Anderson stated currently the Saratoga City Council Policies does not have a section on decorum for its elected
officials; however, there is decorum for the audience. Council suggested the following council decorum rules should be implemented in the Council Policies: o Be respectful to fellow
council members when in public (gestures, facial expressions, eye rolling). o Try not to use acronyms; without explanation to the public. o Insure council members or alternates attend
council assignments. o Councilmembers should not engage in debating with members of the public during public meetings. o Be succinct and direct. o Do not interrupt someone who is speaking.
DISCUSSION ON COUNCIL CANDIDACY ELECTION ETHICS -The study session discussion also considered matters pertaining to ethics and City elections and agreed that the 2008 Council election
candidate binders should contain a voluntary pledge of fair campaign practices. Because council candidacy papers for the November, 2008 election will be available on July 14, 2008, Council
desired an expedited adopted resolution establishing a voluntary pledge of fair campaign practices and to make Council adopted election materials available to potential candidates by
July 14, 2008. Council considered three matters pertaining to ethics and standards for City elections: Pledge of Fair Campaign Practices – State law requires the City Clerk to provide
each candidate with a blank form “Code of Fair Campaign Practices”. Completion of the form is voluntary. The League of California Cities has prepared an alternative version of the code
titled a “Pledge of Fair Campaign Practices” and recommends that cities consider invite candidates to complete this form as well; again, this would be on a voluntary basis. Council also
discussed the contents of the Code of Professional Ethics for the American Association of Political Consultants. Additional Candidate Forum – Council discussed a program recently instituted
by the City of Santa Clara. The City of Santa Clara sponsors two candidate forums during the election season. The last forum – known as the “Final Word Forum” – is held on the evening
before Election Day. Council stated they would like that program implemented in the City of Saratoga as well and that staff should contact the League of Women Voters to see if they could
increase the number of League of Women Voters candidate forums supported by the City from one to two on the condition that the second forum be held on the evening preceding the election.
Fair Campaigning Resource – Council discussed the contents of “The Institute of Local Government” a guide to fair campaign practices that potential candidates for City Council could
find useful. The guide is called “Campaigning Effectively for Local Office: Good People Can Finish First”. Council noted the City Clerk could provide the table of contents to 24
potential Council candidates and post a link to the guide on the City website or print out the entire guide and the City Clerk could include it in the council candidate binder. COUNCIL
DIRECTION TO STAFF: o Prepare a staff report with a proposed code of ethics and standards for City elections for the next Council meeting; which is July 2, 2008. o Return with a proposed
code of ethics for city officials, city employees and city volunteers at the July 18, 2008 Council meeting. o Contact the League of Women Voters regarding an additional candidate forum
to be held the evening preceding the election. o Add the Code of Ethics to the city website category “About Saratoga” once the City of Saratoga Code of Ethics is adopted. o Consider
including a link on the City website to The Institute for Local Government publication titled “Campaigning Effectively for Local office: Good People Can Finish First.” Meeting adjourned
at 8:55P.M. Respectfully submitted: Ann Sullivan Acting City Clerk 25
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: City Council Minutes – July 2, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular
Meeting – July 2, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING,
NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from July 2, 2008 26
MINUTES SARATOGA CITY COUNCIL MEETING JULY 2, 2008 The City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 5:15
p.m. Mayor Waltonsmith called the meeting to order. ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Initiation of litigation pursuant to
Government Code Section 54956.9(c): (1 potential case) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: Existing litigation pursuant to Government Code Section 54956.9(a) Singer
v. State of California, et al. (Santa Clara County Superior Court Case No. 108CV113570.) ADJOURNED TO CLOSED SESSION The City Council held a Joint Meeting at 6:00 p.m. with the Historical
Foundation and Heritage Preservation Commission (HPC) in the Administrative Conference Room. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00PM and led the
Pledge of Allegiance. MAYORS REPORT ON CLOSED SESSION Mayor Waltonsmith stated there was no reportable information. ROLL CALL: PRESENT: Councilmembers Jill Hunter, Aileen Kao, Kathleen
King, Vice Mayor Chuck Page, and Mayor Ann Waltonsmith ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk Mary Furey,
Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director
REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for this meeting was properly posted
on June 26, 2008. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Citizen Ray – spoke about the 1.7 million Grant for the Highway 9 project and expressed
his concerns regarding accounting issues of this grant and the funding for completion of 27
2 Phase II and III of the project. In addition, he commended Director Cherbone for his work on the redesign of the intersection at Highway 9 and Austin Way. Cary Matsuoka – Superintendent
of Saratoga Los Gatos Union School District addressed the Council on the issue of funding consideration for the School Resource Officer position. The following people spoke in support
of the School Resource Officer funding: Emily Lo Hong Tai Katherine Tseng Charlotte Sparacino Donna Paisley COUNCIL DIRECTION TO STAFF Councilmember King – requested staff agendize the
School Resource Officer position for discussion at the next Council meeting. Vice Mayor Page – seconded this request and suggested staff provide the history on the School Resource Officer
position and the Neighborhood Resource Officer and the specific job functions. Councilmember Hunter – asked that staff work with the school districts regarding their commitment to the
funding of a School Resource Officer position. Mayor Waltonsmith – concurred that staff speak speak with the school districts regarding coordination of funding for the requested position
of a School Resource Officer. In addition, the Mayor asked Public Works Director John Cherbone if he had any reportable information regarding the accounting issues Citizen Ray brought
up. Director Cherbone stated the Highway 9 project is moving forward and they are waiting for an accounting of the funds and the reallocation of funds back to Phase II of the project.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC Peter Mara, Vice Chair of Heritage Preservation Commission (HPC), stated they had a joint meeting with Council prior to the Council meeting and
that they reviewed the HPC’s vision and goals for the next year regarding the historical aspects of the City of Saratoga. The Commission is looking forward to their next meeting with
the Council where they plan to talk more in depth about the functions of the HPC. Jack Mallory, Historical Foundation representative, addressed the Council on the increase in membership
of the Foundation. He stated currently there are 233 members – a 45% increase in membership in the last year. He stated the Foundation is a non-profit and raises money through grants,
donations and memberships as well as some funding from the City. He stated they are very active in community events, such as participation in the Annual Mustard Faire. Other successful
programs included – Remembering the Old 28
3 Saratoga, and Lives of the Ohlone Indians in the Community. He noted the importance of continued donations to help fund the Historical Museum in the Village. ANNOUNCEMENTS Vice Mayor
Page: Fourth of July Celebration from 10:00 to 11:30 at Azule Park on July 4, 2008. Councilmember Hunter: Two upcoming dances in the Bank of America parking lot in the Village on July
19 and August 2nd at 5:30p.m. Mayor Waltonsmith: Silicon Valley Association of Realtors fund raiser event – San Jose Giants versus Modesto Nuts baseball game on August 3rd at 5:00p.m.
The Mayor also announced she was dedicating this council meeting to celebrating our country’s birthday on the 4th of July and asked that citizens dedicate themselves to promoting an
act of democracy, citizenship and volunteerism to help build our communities. CEREMONIAL ITEMS 1. PROCLAMATION RECOGNIZING JULY AS PARKS AND RECREATION MONTH IN THE CITY OF SARATOGA
STAFF RECOMMENDATION: Acknowledge proclamation. Mayor Waltonsmith read the proclamation and presented it to Tom Soukup, Chair of the Parks and Recreation Commission. SPECIAL PRESENTATIONS
None CONSENT CALENDAR 2. CITY COUNCIL MINUTES – JANUARY 18, 2006 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Page and Councilmember Hunter requested that this item be removed from
the Consent Calendar. Vice Mayor Page and Councilmember Hunter stated that they submitted corrections to the City Clerk prior to the meeting. PAGE/KING MOVED TO APPROVE CITY COUNCIL
MINUTES OF JANUARY 18, 2006 AS AMENDED. MOTION PASSED 5 – 0. 3. CITY COUNCIL MINUTES – APRIL 4, 2007 29
4 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Page requested that this item be removed from the Consent Calendar. Vice Mayor Page stated that he submitted corrections to the City
Clerk prior to the meeting. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 4, 2007 AS AMENDED. MOTION PASSED 5 – 0. 4. CITY COUNCIL MINUTES – JUNE 18, 2008 STAFF RECOMMENDATION:
Approve minutes. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JUNE 18, 2008 AS AMENDED. MOTION PASSED 5 – 0. 5. TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2008 STAFF RECOMMENDATION:
Review and accept Treasurer's Report for the month ended January 31, 2008 PAGE/KING MOVED TO ACCEPT TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2008. MOTION PASSED 5 – 0. 6. TREASURER’S
REPORT FOR THE MONTH ENDED FERUARY 29, 2008 STAFF RECOMMENDATION: The City Council review and accept the Treasurer’s Report for the month ended February 29, 2008. PAGE/KING MOVED TO
ACCEPT TREASURER’S REPORT FOR THE MONTH ENDED FEBRUARY 29, 2008. MOTION PASSED PASSED 5 – 0. 7. TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2008 STAFF RECOMMENDATION: The City Council
review and accept the Treasurer’s Report for the month ended March 31, 2008. PAGE/KING MOVED TO ACCEPT TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2008. MOTION PASSED 5 – 0. 8.
REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: June 12, 2008 30
5 June 19, 2008 PAGE/KING MOVED TO ACCEPT CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES JUNE 12, 2008 AND JUNE 19, 2008. MOTION PASSED 5 – 0. 9. AWARD OF CONTRACT STAFF RECOMMENDATION:
Accept report and award contract to CPO for the City’s copy machines. PAGE/KING MOVED TO ACCEPT REPORT AND AWARD CONTRACT TO CPO FOR THE CITY’S COPY MACHINES. MOTION PASSED 5 – 0. 10.
RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS STAFF RECOMMENDATION: Adopt a resolution amending Resolution 07-076 appointing Council representatives to Committees,
Agencies and Ad hoc Committees. Mayon Waltonsmith requested that this item be removed from the Consent Calendar for Council to appoint a new alternate to the West Valley Solid Waste
Joint Powers Association for the remaining meetings of 2008; which are August 7th and November 6th, 2008. Councilmember Kao was nominated and accepted the position as alternate to the
West Valley Solid Waste Joint Powers Association. RESOLUTION: 08-044 WALTONSMITH/KING MOVED TO ADOPT A RESOLUTION AMENDING RESOLUTION 07-076 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES,
AGENCIES AND ADHOC COMMITTEES. MOTION PASSED 5 – 0. 11. AUTHORIZATION FOR LOCAL AGENCY INVESTMENT FUND (LAIF) TO LINK THE CITY’S INVESTMENT FUND TO THE CITY’S PAYROLL BANK ACCOUNT STAFF
RECOMMENDATION: Authorize LAIF to link the City’s Investment fund to the City’s Payroll account, and for the City Manager and the Finance & Administrative Services Director to sign the
Authorization for additions of Bank and/or Account number form. RESOLUTION: 08-048 PAGE/KING MOVED TO AUTHORIZE LAIF TO LINK THE CITY’S INVESTMENT FUND TO THE CITY’S PAYROLL ACCOUNT,
AND FOR THE CITY MANAGER AND THE FINANCE & ADMINISTRATIVE SERVICES DIRECTOR TO SIGN THE AUTHORIZATION FOR ADDITIONS OF BANK AND/OR ACCOUNT NUMBER FORM. MOTION PASSED 5 – 0. 31
6 12. VACATION OF UPPER OLD OAK WAY STREET STAFF RECOMMENDATION: 1. Adopt Resolution vacating a portion of Old Oak Way (Attachment 5). 2. Adopt Resolution accepting offer of dedication
for Pedestrian/Equestrian Trail purposes (Attachment 6). RESOLUTION: 08-045 PAGE/KING MOVED TO ADOPT RESOLUTION VACATING A PORTION OF OLD OAK WAY STREET. MOTION PASSED 5 – 0. RESOLUTION:
08-046 PAGE/KING MOVED TO ADOPT RESOLUTION ACCEPTING OFFER OF DEDICATION FOR PEDESTRIAN/EQUESTRIAN TRAIL PURPOSES. MOTION PASSED 5 – 0. PUBLIC HEARINGS 13. AMENDMENT TO CITY CODE PROCEDURES
FOR SETTING APPEAL HEARINGS STAFF RECOMMENDATION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached
ordinance and waive the First Reading and direct staff to schedule this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council meeting.
City Attorney Richard Taylor presented the staff report. He noted the proposed changes to the existing Ordinance regarding public hearings: o Upon the filing of a notice of appeal and
payment of the appeal fee, the City Clerk shall schedule the matter for a proposed hearing date within two business days and notify the applicant and appellant of the scheduled hearing
date; o The City Clerk must schedule the public hearing date within 30 days of the filed appeal and if it is impossible to schedule the hearing within 30 days due to the council meeting
schedule or legal noticing requirements, the City Clerk will then schedule the hearing for the next scheduled Council meeting; o Staff can no longer grant an appeal continuance a week
or hours before a scheduled public hearing; o Staff can grant a continuance only if the continuance request is submitted a minimum of 14 days before a scheduled public hearing; o Council
would still have the ability to grant a continuance if someone requested a continuance during the public hearing. Vice Mayor Page asked for clarification on business day scheduling for
for staff and calendar day scheduling for appellant and/or applicant. 32
7 City Attorney Taylor stated the business day pertains to everything the City Clerk is required to do and everything else would be under the calendar day requirements. Mayor Waltonsmith
opened the public hearing. No one was present to speak on this item. Mayor Waltonsmith closed the public hearing. KING/PAGE MOVED TO APPROVE THE PROPOSED ORDINANCE AND WAIVE THE FIRST
READING AND DIRECT STAFF TO SCHEDULE THIS ITEM FOR A SECOND READING FOR ADOPTION ON THE CONSENT CALENDAR AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING. MOTION PASSED 5 – 0. OLD
BUSINESS 14. JOAN PISANI COMMUNITY CENTER SIGN DESIGN AND PLACEMENT STAFF RECOMMENDATION: Approve design and placement of sign for Joan Pisani Community Center. Recreation Department
Director Michael Taylor presented the staff report. Director Taylor noted if Council approves the proposed sign design the new sign would be placed in the exact location of the old sign.
PAGE/KAO MOVED TO APPROVE THE DESIGN AND PLACEMENT OF SIGN FOR JOAN PISANI COMMUNITY CENTER. MOTION PASSED 5 – 0. NEW BUSINESS 15. SARATOGA COMMUNITY BAND FEE WAIVER REQUEST STAFF RECOMMENDATION:
Accept report and direct staff accordingly. Recreation Department Director Michael Taylor presented the staff report. Mayor Waltonsmith invited public comment; seeing none the Mayor
closed the public comment. Staff Direction: Pay the fee for the Community Band to perform at Wildwood Park from the Community Building Fund for up to a total of three performances and
encourage the Parks and Recreation Commission to research this as an on-going community event that involves other bands if they are interested. 33
8 PAGE/KAO MOVED TO APPROVE PAYMENT OF THE COMMUNITY BAND FEE FROM THE COMMUNITY BUILDING FUND. MOTION PASSED 5 – 0. 16. CITY COUNCIL ELECTION ETHICS AND STANDARDS STAFF RECOMMENDATION:
Review and approve, modify, or deny the following proposals pertaining to ethics and standards for City elections: 1. Resolution adopting a proposed Pledge of Fair Campaign Practices;
2. Direction to the City Manager to increase the number of League of Women Voters candidate forums supported by the City from one to two on the condition that the second forum be held
on the evening preceding the elections; and 3. Direction to the City Clerk to include on the City website a link to the Institute for Local Government publication titled "Campaigning
Effectively for Local Office: Good People Can Finish First." City Attorney Richard Taylor presented the staff report and explained to Council that they were being asked to review, modify
or deny the proposed ethics and standards for City elections. Mayor invited public comment; seeing seeing none the Mayor closed the public comment. Council discussed and gave direction
regarding the three staff recommendations above: Item 1 – No modifications Item 2 – If the League of Women Voters is in agreement to hold a second candidate forum call it “The Final
Word Forum” and if other agencies such as the school district would like to participate, the Council Candidate discussion would be first on the agenda; and if a second forum is not available
through the League of Women Voters, the item would be brought back to Council with alternatives. Item 3 – Include a printed copy of publication in the Council Candidacy Election Binders
and in the same section include link to State Ethics Training AB 1234. RESOLUTION: 08-047 KAO/PAGE MOVED TO APPROVE RESOLUTION ADOPTING A PROPOSED PLEDGE OF FAIR CAMPAIGN PRACTICES.
MOTION PASSED 5 – 0. KING/PAGE MOVED TO DIRECT THE CITY MANAGER TO INCREASE THE NUMBER OF LEAGUE OF WOMEN VOTERS CANDIDATE FORUMS SUPPORTED BY THE CITY FROM ONE TO TWO ON THE CONDITION
THAT THE SECOND FORUM BE HELD ON THE EVENING PRECEDING THE ELECTION. MOTION PASSED 5 – 0. PAGE/KAO MOVED TO DIRECT THE CITY CLERK TO INCLUDE ON THE CITY WEBSITE A LINK TO THE INSTITUTE
FOR LOCAL GOVERNMENT PUBLICATION TITLED “CAMPAIGNING EFFECTIVELY FOR LOCAL OFFICE: GOOD PEOPLE CAN FINISH FIRST”. MOTION PASSED 5 – 0. 34
9 17. COMER DRIVE RETAINING WALL REPLACEMENT STAFF RECOMMENDATION: Adopt Resolution Amending the FY 2008-09 Budget for Retaining Wall Repair Work on Comer Drive. Mayor Waltonsmith invited
public comment; seeing none, she closed the public comment. After Council discussion regarding funding options for replacement of the retaining wall on Comer Drive, Council agreed to:
o Transfer $200,000 from the Economic Uncertainty/Hillside Repair Fund o Maintain 1.5 million dollars in Economic Hillside Fund o Create a 2-year pay back policy o Implement a Budget
Policy to use surplus from Undesignated Fund Balance at the end of the fiscal year to fund the Economic Uncertainty Hillside Fund RESOLUTION: 08-049 PAGE/KAO MOVED TO ADOPT RESOLUTION
AMENDING THE FY 2008-09 BUDGET FOR RETAINING WALL REPAIR WORK ON COMER DRIVE. MOTION PASSED 5 – 0. 18. LCC ANNUAL CONFERENCE STAFF RECOMMENDATION: Designate a voting delegate and alternate
for the League’s Annual Conference. Vice Mayor Chuck Page and City Manager Dave Anderson stated they will be attending the annual LCC Annual Conference September 24 – 27, 2008. Council
designated Vice Mayor Page to be the LCC Voting Delegate and City Manager Dave Anderson to be the alternate. KING/PAGE MOVED TO DESIGNATE VICE MAYOR PAGE AS THE VOTING DELEGATE AT THE
LEAGUE OF CALIFORNIA’S ANNUAL CONFERENCE SEPTEMBER 24-27 AND DESIGNATED CITY MANAGER DAVE ANDERSON THE ALTERNATE VOTING DELEGATE. MOTION PASSED 5 – 0. ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith – reported: SASCC – held a potluck lunch on July 2, 2008. Sister City Liaison – The daughter of Muko Shi’s Mayor will be one of the Sister City exchange students
visiting in August 2008. Saratoga Amateur Radio Association (SARA) – stated she attended SARA’s field day last weekend and that last year they came in second in the United States in
the number of radio contacts made. They were trying to take first place this year and go for the gold; the results won’t be known until later. 35
10 Councilmember Jill Hunter -reported: Village AdHoc – met with two landscape architects for the Village beautification project and it was a very enlightening meeting. She stated they
have a 1.2 million grant and sidewalk funds to work with. Vice Mayor Chuck Page – reported: West Valley Sanitation District – will meet next week. Village AdHoc – noted the 1.2 million
dollars referred to by Councilmember Hunter is slated for sidewalk improvement and safety; which in turn can result in Village beautification. Valley Transportation Authority PAC – noted
he was unable to attend the last meeting and that Councilmember King attended the meeting. Councilmember Kathleen King – reported: Peninsula Division, League of California Cities – the
annual Peninsula Division dinner meeting is scheduled for July 31st and encouraged Council members to attend. Santa Clara County Cities Association – currently working on banning use
of plastic bags; Santa Clara County adopted a new city code where restaurants that have more than than 14 locations throughout California must note the caloric count on menu items. Supervisor
Liz Kniss encourages all 15 cities to consider adopting this same code in our cities, once we see what happens with the City of San Francisco. City School AdHoc – Campbell High School
District has approved an addendum to the contract extending the length and useage of the contract and leaving it up to school district staff to work out the details. (Public Works Director
John Cherbone confirmed this and noted it may be brought back to Council at the next meeting for discussion.) Councilmember Aileen Kao – reported: County HCD Policy Committee – attended
Airport Land Use meeting last week, which was a workshop meeting. She stated every other month is a workshop meeting where the discussion is about policies. CITY COUNCIL ITEMS Mayor
Waltonsmith – agendize for discussion the operation of the Historical Orchard from Heritage Preservation Commission to Parks and Recreation Commission; and discussion of funding for
possible SRO position. Councilmember King – stated Supervisor Liz Kniss asked if she could be agendized on the next council meeting to give a presentation on the new hospital bond that
is on the November election ballot. Councilmember King also stated she had previously asked to agendize the 2005 Budget Cuts for discussion and was now willing to move that item to future
items; after the State Budget cuts become known. In addition, she asked for an update on the fence ordinance and Director Livingstone stated he will provide an update in the weekly Council
Newsletter. CITY MANAGER’S REPORT None 36
11 ADJOURNMENT There being no further business PAGE/KAO MOVED TO ADJOURN THE MEETING AT 9:30P.M. MOTION PASSED 5 – 0. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 37
Dave Anderson Melanie Whittaker RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: June 26, 2008 July 03, 2008 REPORT
SUMMARY: Attached are the Check Registers for: Date Ending Check No. 06/26/08 108157 108208 52 $395,643.47 06/26/08 06/19/08 108156 07/03/08 108210 108283 74 $133,235.79 07/03/08 06/26/08
108208 07/03/08 110001 110011 11 $17,520.00 07/03/08 Total $546,399.26 AP Date Check No. Issued to Dept. Amount 07/03/08 108230 Various $17,126.01 07/03/08 108236 CIP $10,349.36 The
following is a list of Accounts Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 6/24/2008 108070 Hsiao, Monica ( 240.00) 6/24/2008 108151 ( 2,090.63)
7/1/2008 108209 Datapath Card Services Deposit -Emp Flex Spending 3 ,000.00 SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services
CITY MANAGER: PREPARED BY: ACCOUNTING SUPERVISOR: SUBJECT: Review of Accounts Payable Check Registers. Type of Checks Date Starting Check No. Ending Check No. Total Checks Amount Checks
Released Prior Check Register Accounts Payable Accounts Payable The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund Purpose Accounts Payable New Financial System Gachina Landscape Various Landscape Maintenance HydroTec Irrigation Alternative Soccer Field Sprinkler Install WV College Description
Valley Crest Tree Care Void -Reissue Void -Reissue 38
The following is a list of cash reduction by fund: Fund # AP 6/26 AP 7/03 Total 001 General 347,940.46 92,686.37 440,626.83 201 Manor Drive Landscape 160.00 160.00 202 Ferdericksburg
Landscape 6 4.41 132.00 196.41 203 Greenbriar Landscape 399.00 399.00 204 Quito Lighting -205 Azule Lighting -206 Sarahills Lighting -207 Village Lighting 890.94 890.94 209 McCartysville
Landscape 215.00 215.00 210 Tricia Woods Landscape 7 5.00 7 5.00 211 Arroyo de Saratoga Landscape 8 5.00 8 5.00 212 Leutar Court Landscape 8 5.00 8 5.00 215 Bonnet Way Landscape 127.00
127.00 216 Beauchamps Landscape 8 5.00 8 5.00 217 Sunland Park Landscape 340.00 340.00 222 Prides Crossing Landscape 690.00 690.00 224 Village Commercial Landscape -225 Saratoga Legends
Landscape 926.13 926.13 226 Bellgrove Landscape 4 74.43 1,985.00 2,459.43 227 Cunningham/Glasgow Landscp 145.00 145.00 228 Kerwin Ranch Landscape 340.00 340.00 229 Tollgate LLD 9 0.00
9 0.00 231 Horseshoe Landscape/Lighting 320.00 320.00 232 Gateway Landscape 245.00 245.00 233 Carnelian Glen 135.00 135.00 270 CDBG Administration -271 Saratoga Housing & Rehab.Prg.
-290 Recreation Spec Rev Fund 6 00.00 600.00 320 Library Expansion Cap Prg. -400 Library Bond Debt Service -501 Equipment Replacement ISF 21,900.00 21,900.00 502 Information Technology
1 ,374.80 1,374.80 503 Facility Improvement 2 ,380.73 608.21 2,988.94 504 Facilities 3 93.86 5,250.16 5,644.02 505 Information Technology 9 8.95 644.90 743.85 506 Office Stores Fund
5 28.84 528.84 510 Liability/Risk Mgt 450.00 450.00 511 Workers' Comp -701 Traffic Safety -702 Highway 9 Safety -704 -706 Sidewalk Annual Project -708 -Fund Description Annual Street
Resurfacing Saratoga Sunnyvale PH 2 39
The following is a list of cash reduction by fund: (cont.) Fund # AP 6/26 AP 7/03 Total 716 Highway 9/Oak Pedestrain -720 KSAR/CATV Agency Fund -724 Village Newsrack Enclosures 2 ,219.84
2,219.84 726 2 Solar Radar Feedbacks -727 El Quito Area Curb Replacement -731 Storm Drain Upgrades -732 Median Landscape/Irrigation 2 ,630.00 2,630.00 734 Civic Center Landscape -735
Village Lights (Zone 7A) -736 Village Trees Lighting -738 Cox Ave Railroad Crossing -739 2,137.30 2,137.30 744 Village Sidewalk, Curb/Gutter -746 Saratoga-Sunnyvale Gateway -747 -748
El Ca Grante/Monta Vista -749 Sara-Sun Gateway Sidewalk -751 Financial System Upgrade -752 -755 Warner Hutton House Improv. -760 Facility Projects 3,945.54 3,945.54 761 -762 North Campus/19848
Prospect 3 ,950.00 5,062.66 9,012.66 766 Historical Park Fire Alarm 6 72.00 672.00 778 -780 -783 -785 590.00 590.00 786 -788 -789 -790 9 ,990.00 6,532.01 16,522.01 791 2 45.15 1,550.00
1,795.15 792 16,599.37 16,599.37 793 -794 10,229.20 10,229.20 795 -796 -797 San Marcos OP Space Trail -395,463.47 153,755.79 549,219.26 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A Fund Description Prospect Road Medians Sara-Sun ADA Curb Ramps Document Imaging Project Fire Alarm McWill&Book Go El Quito Park Improvement
Beauchamp Park Fund Wildwood Park -Wtr/Seat Citywide Tree Replanting Hakone Garden D/W Wildwood Park Improvement Carnelian Glen Footbridge UPRR/De Anza Trail Kevin Moran Teerlink Ranch
Trail RepairTOTAL Alternative Soccer Field Parks/Trails Repair Heritage Orchard Path Trail Segment #3 Repair 40
ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format 41
42
43
44
45
46
47
48
49
50
51
52
53
54
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: ___ ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: DEPT HEAD: John Cherbone John Cherbone SUBJECT: Authorization
to sell surplus property to the Hakone Foundation. RECOMMENDED ACTIONS: Move to authorize the sale of 1995 Chevrolet S-10 Pick-up previously declared surplus by the City. REPORT SUMMARY:
When the City purchases new vehicles normally the vehicles being replaced are declared surplus and either are sent to auction or used as trade in value. The Hakone Foundation is in need
of a maintenance vehicle (small truck) and it happens that the City has a pick-up truck (Vehicle #83) that will meet Hakone’s needs, which was previously declared surplus by the City
Council. The pick-up truck was slated for auction, but the City has the option of selling the vehicle for fair market value. The fair market value of the vehicle is $1,505 (Attachment
1), which Hakone has agreed to pay. FISCAL IMPACTS: The revenue from the purchase will be placed into the City’s vehicle replacement fund CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The sale of the pick-up truck would not be authorized and staff will send the vehicle to auction. Staff does not anticipate a higher selling price at auction. ALTERNATIVE ACTION(S):
None in addition to the above. FOLLOW UP ACTION(S): 55
2 of 2 The pick-up truck will be sold to Hakone and ownership transferred to the Hakone Foundation. ADVERTISING, NOTICING AND PUBLIC CONTACT: None additional. ATTACHMENTS: 1. Kelly Bluebook
Value. 56
57
58
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John
F. Livingstone, AICP ________________________________________________________________________ SUBJECT: Adopt the Amendment to City Code Procedures for Setting Appeal Hearings ________________________
_______________________________________________ RECOMMENDED ACTION: Waive the Second Reading and adopt the Proposed Ordinance Amendment. REPORT SUMMARY: The City Council directed staff
to prepare ordinance amendments that would revise the existing City Code and Council policy on setting and continuing appeal hearings to codify current practice for setting the initial
hearing date and to impose an earlier deadline for filing continuance requests. The attached ordinance would implement Council direction. BACKGROUND: On July 2, 2007, the City Council
conducted a public hearing, introduced the ordinance, and voted to place the ordinance on consent for adoption. ALTERNATIVE ACTION: 1. Deny the proposed ordinance amendment; 2. Modify
the proposed ordinance amendment. FOLLOW UP ACTION: 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. ATTACHMENTS: Proposed Ordinance 1 59
ORDINANCE __________ An Ordinance Amending the Saratoga Municipal Code Procedures for Setting Appeal Hearings Before the City Council and Planning Commission THE CITY COUNCIL OF THE
CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City seeks to provide a fair an open process of government administration that provides opportunities for public review of certain
City decisions and opportunities for the public to appeal those decisions in a timely manner; WHEREAS, the City seeks to provide flexibility in setting dates for consideration of appeals
in recognition of residents’ schedules and to provide time for parties to disputes concerning City decisions to reach resolution of those disputes prior to consideration of the matter
on appeal; WHEREAS, the City also seeks to bring disputed matters to prompt resolution to ensure the effective functioning of government and in respect for the interests of parties to
disputed matters to timely decisions by the City; and WHEREAS, amendments to the City Code to further these objectives have been proposed and duly considered and recommended by the Planning
Commission and considered by the City Council. Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below (text to be inserted is presented with double underlining
while text to be deleted is shown in strikeout): A. Section 2-05.030 (e) of the Saratoga Municipal Code is amended as follows: (e) Schedule of hearing; notice. Upon the filing of the
notice of appeal and payment of the appeal fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing at the next available
regular meeting of the City Council to be held within thirty days after the date on which the appeal is filed or initiated. The City Clerk shall give notice of the date, time and place
of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice has been waived by
the party entitled to receive the same. by the City Council as follows: 1. A proposed hearing date shall be set within two business days. The proposed date shall be within 30 calendar
days of the date the appeal was filed, except as 2 60
provided in subparagraph 2, below. The City Clerk shall immediately inform the appellant and the applicant of the proposed date, time, and place of the hearing at an e-mail address or
fax number provided to the City at the time the appeal or application was filed. If the appellant or applicant within two business days requests in writing that the proposed hearing
date be extended, then the City Clerk shall set the date for the next regular meeting of the City Council occurring after the proposed date. The City Clerk shall inform the appellant
and applicant of the new hearing date, time and place via e-mail or fax. 2. If it is not possible to set the proposed date in a manner that allows the City to provide any notice required
by law and set the proposed date at a regularly scheduled meeting within 30 calendar days of the date the appeal was filed, the date shall be set at the first regularly scheduled Council
meeting following the close of any applicable notice period. The City Clerk shall immediately inform the appellant and the applicant of the date, time, and place of the hearing at an
email address or fax number provided to the City at the time the appeal or application was filed. If the hearing date is set pursuant to this subparagraph 2, then neither the applicant
nor appellant shall be authorized to request a change in the hearing date as described in subparagraph 1, above. 3. After a hearing date has been set in accordance with subparagraph
1 or 2, above, the appellant or the applicant may request in writing, and the City Clerk shall grant, a continuance of the date provided that the request for continuance is received
by the City Clerk no later than 14 calendar days prior to the date set for hearing. The continuance shall be until the next regular meeting of the City Council occurring after the date
for which the matter had been set. No further continuances may be authorized by the City Clerk. (f) Public Notice. If a public hearing is conducted on the appeal, notice thereof shall
also be published once at least ten calendar days prior to the hearing in a newspaper having general circulation in the City and mailed or delivered at least ten calendar days prior
to the hearing to any other persons who were entitled under the provisions of this Code to receive notice of the proceedings at which the administrative determination or decision was
made. B. Section 2-05.030, paragraphs (f) through (h) are redesignated as paragraphs (g) through (i), respectively. C. Section 1-10.030 of the Saratoga Municipal Code is amended as follows:
“Business day” means any day other than a holiday or day that the City offices are closed for the entire day for any reason. D. Section 15-90.060(a) of the Saratoga Municipal Code is
amended as follows: 15-90.060 Review by Planning Commission. 3 61
(a) Schedule of hearing; notice. Upon receipt of the notice of appeal and payment of the filing fee, the Secretary of the Planning Commission shall schedule the matter for hearing at
the next available regular meeting of the Planning Commission to be held within thirty days after the date on which the notice of appeal is filed. The Secretary of the Planning Commission
shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such
notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code,
except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property
that is the subject of the hearing. Appeals to the Planning Commission shall be scheduled and noticed according the terms applicable to appeals to the City Council as set forth in subparagraphs
(e) and (f) of section 2-05.030 except that all references therein to the City Council shall be references to the Planning Commission and all references to the City Clerk shall be references
to the Secretary of the Planning Commission. * * * * * Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under
CEQA Guidelines Section 5061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA). Section 3. Publication. This ordinance was properly noticed and reviewed by the Planning Commission at a public meeting on May 28, 2008. 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 2nd day of July, 2008, and was adopted by the following vote following a second reading
on the 16th day of July, 2008: COUNCIL MEMBERS: 4 62
5 AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA Acting CLERK
OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 63
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone SUBJECT: Saratoga-Sunnyvale
Road Rehabilitation & Overlay Phase 2 Project (Federal Project STPL-5332-010) -Notice of Completion RECOMMENDED ACTION: Move to accept the Saratoga-Sunnyvale Road Rehabilitation & Overlay
Phase 2 Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work for the Saratoga-Sunnyvale Road Rehabilitation
& Overlay Phase 2 Project has been completed by the City’s contractor, Bortolotto, and has been inspected by Public Work’s staff. The scope of work this work included furnishing all
materials, equipment, and labor to install asphalt overlay and re-stripe segments of public roadway along Saratoga-Sunnyvale Road between the Blauer Drive and Herriman Ave. The original
contract award amount was $555,480, with change order authority of $44,520. Additionally, change order authority for extra work was approved in the amount of $150,000 to complete work
not completed by El Camino Paving. The final contract amount of $729,397.94 is within the Council approved budget. Project Summary: Approved Project Budget: $750,000.00 Contract Award
Amount: $555,480.00 Contingency & Change Order Amount: $194,520.00 Final Contract Amount: $729,397.94 In order to close out the construction contract and begin the one-year maintenance/warranty
period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for
the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may commence. Page 1 of 2 64
Page 2 of 2 FISCAL IMPACTS: This project has been paid for through the adopted Pavement Management Program CIP funding. The final contract amount of $729,397.94 will be reimbursed through
the Federal STP grant at an amount of $367,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The project would not be accepted as complete and staff would notify the contractor
of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Staff will
record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing
additional ATTACHMENTS: 1. Notice of Completion for the Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project. 65
Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the
work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner
of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 11th day of June, 2008. Contract Number: N/A
Contract Date: November 8th, 2007 Contractor’s Name: Bortolotto & Co., INC. Contractor’s Address: 582 Bragato Rd, San Carlos, CA 94070-6227 Description of Work: Saratoga-Sunnyvale Road
Rehabilitation & Overlay Phase 2 Project (Federal Project STPL-5332-010) Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the
same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty
of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on___________________, 2008. CITY OF SARATOGA BY:______________________
_____ ATTEST:____________________________ Dave Anderson Ann Sullivan, Acting City Clerk City Manager Gov. Code 40814 66
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: DEPT HEAD: John Cherbone, PW Director John Cherbone,
PW Director SUBJECT: Saratoga Village Parking and Valet Service Report – Approval of Motor Vehicle Resolutions RECOMMENDED ACTION(S): 1. Accept report and provide direction to staff.
2. Approve Motor Vehicle Resolution replacing “15 Minute Parking 9:00 AM – 10:00 PM” in front of 14577 Big Basin Way (APN: 503-25-007) with “15 Minute Parking” 9:00 AM – 6:30 PM”. 3.
Approve Motor Vehicle Resolution replacing Commercial Loading Zone in front of 14527 Big Basin Way, APN: 503-24-029 with “Two Hour Parking”. 4. Approve Motor Vehicle Resolution replacing
“15 Minute Parking” in front of 14441 Big Basin Way (APN: 503-24-008) with “Two Hour Parking”. REPORT SUMMARY: This report is follow-up to the Village Parking Survey and Valet Service
Evaluation report discussed at the June 18th City Council Meeting. Village Parking Follow-Up Council directed staff to discuss the proposed on-street parking restriction changes with
additional Village merchants who may be impacted by the changes. Staff was successful in contacting these merchants to discuss the changes, which resulted in the following modifications
to the proposed on street parking restrictions discussed at the June 18th City Council Meeting: 67
• “15 Minute Parking 9:00 AM – 10:00 PM” in front of the French Tailor The owner of the business indicated that patrons, on occasion, solicit their business after their posted 6:00 P.M.
closing time and would like the ending time of the restriction to be 6:30 PM. • Reduction in length of Commercial Loading Zone in front of the Plumed Horse The owner of the business
was not in favor of any modifications to the loading zone. All other on-street parking restriction proposals were accepted by the merchants without modifications. The attached Motor
Vehicle Resolutions (Attachments 2-4) reflect the feedback given by the merchants. Village Valet Service Follow-Up City Council directed that the annual review stipulation in the City
Code regulating Valet Service be removed from the ordinance. The City Attorney has prepared a report regarding the ordinance change via a separate agenda item. In addition, the City
Council directed that the City Traffic Engineer performed an analysis of Uturns in the Village at specific specific intersections (Attachment 4). FISCAL IMPACTS: Staff time and material
costs for new signs and paint. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Depends on City Council direction. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP
ACTION(S): Staff will follow-up on Village parking issues based on City Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Specific merchants in the Village were contacted
per City Council direction. 68
ATTACHMENTS: 1. Motor Vehicle Resolution replacing “15 Minute Parking 9:00 AM – 10:00 PM” in front of 14577 Big Basin Way (APN: 503-25-007) with “15 Minute Parking” 9:00 AM – 6:30 PM”.
2. Motor Vehicle Resolution replacing Commercial Loading Zone in front of 14527 Big Basin Way, APN: 503-24-029 with “Two Hour Parking”. 3. Motor Vehicle Resolution replacing “15 Minute
Parking” in front of 14441 Big Basin Way (APN: 503-24-008) with “Two Hour Parking”. 4. City Traffic Engineer Memo regarding U-turns in the Village. 69
RESOLUTION NO. MV______ RESOLUTION CHANGING PARKING RESTRICTION ON BIG BASIN WAY The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and
traffic study, the following parking restrictions shall be designated on Big Basin Way in the location specified below: NAME OF STREET LOCATION RESTRICTION Big Basin Way 14577 Big Basin
Way (APN: 50325007) 15 Minute Parking 9:00 AM – 6:30 PM II. All prior resolutions other enactments imposing a parking restriction at the location specified above are hereby repealed
to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above
and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 16th day of July, 2008, by the following vote: AYES: NOES:
ABSTAIN: ABSENT: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 70
14577 Big Basin Way Parking Restriction 0 12.5 25 50 75 100Feet NBig Basin Way 5th Street Red Curb TTewxt o 15-Minute Parking Spaces 2-Hour Parking Big Basin Way Change Existing 15-Minute
Parking limit from 9:00 A.M. -10:00 P.M. to 9:00 A.M. -6:30 P.M. 71
RESOLUTION NO. MV______ RESOLUTION CHANGING PARKING RESTRICTION ON BIG BASIN WAY The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and
traffic study, the following parking restrictions shall be designated on Big Basin Way in the location specified below: NAME OF STREET LOCATION RESTRICTION Big Basin Way 14527 Big Basin
Way (APN: 50324029), starting 50 feet north from the northwest corner of Big Basin Way and 4 th Street and continuing north for 43 feet. Two Hour Parking II. All prior resolutions other
enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution
shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga
at a regular meeting held on the 16th day of July, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________
Ann Sullivan, Acting City Clerk 72
4th Street Big Basin Way 50' Red Curb 43' Yellow Loading Zone ± 14527 Big Basin Way Loading Zone Change existing yellow loading zone to 2 hour parking 0 12.5 25 50 75 100Feet 73
RESOLUTION NO. MV______ RESOLUTION CHANGING PARKING RESTRICTION ON BIG BASIN WAY The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and
traffic study, the following parking restrictions shall be designated on Big Basin Way in the location specified below: NAME OF STREET LOCATION RESTRICTION Big Basin Way 14441 Big Basin
Way (APN: 50324008) Two hour parking II. All prior resolutions other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their
inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution
was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 16th day of July, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _______________________
______ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 74
28' Green 15-Minute Parking Space Big Basin Way ± 14441 Big Basin Way Parking Restriction Change Existing 15-Minute Parking Limit to 2 hour parking 0 30 60 120 180 240Feet 75
! ! ! "#$ % & "' ( MEMORANDUM Date: July 9, 2008 To: John Cherbone, City of Saratoga, Public Works Director From: Franziska Holtzman/Sohrab Rashid Subject: Evaluation of U-Turns on
Big Basin Way in the Village Area of Saratoga, CA 1025-446-1 Fehr & Peers completed an evaluation of U-turns on Big Basin Way at 3rd Street, 4th Street, and 5th Street. This memorandum
summarizes our findings and recommendations. Along this segment Big Basin Way is approximately 45 to 46 feet wide (including on-street parking). Big Basin is a two-lane street and vehicles
are likely to block traffic while waiting for an adequate gap to make the U-turn. We did several U-turns at the three intersections using a small passenger car and a large SUV. It is
possible to make U-turns at all three locations with one movement, though 3rd Street and 4th Street were a little tight. 5th Street provided the most room and visibility for U-turns.
It is important to note that both vehicles essentially required using the entire intersection at all locations to complete the maneuver because of the narrow width. Due to the higher
traffic volumes in the lower portion of the Village (closer to Saratoga -Sunnyvale Road), making U-turns at 3rd Street and 4th Street is more disruptive to traffic flow than at 5th Street.
However, most other drivers did not expect U-turns on this two-lane street (i.e., they anticipated that our vehicles were turning left). Per the California Vehicle Code and confirmation
from Lieutenant Neusel, U-turns are legal at 3rd Street, 4th Street, and 5th Street. However, Fehr & Peers does not recommend any modification to traffic flow in the Village that would
increase or encourage U-turns on Big Basin Way. Therefore, we recommend that the valet parking area for the La Fondue restaurant (currently located at the south west corner of Big Basin
Way and 4th Street) not be relocated from 4th Street to south side of Big Basin Way. The relocation of the valet parking area would likely increase U-turns at 5th Street from visitors
trying to to access the valet service area in front of the restaurant. 76
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: DEPT HEAD: John Cherbone John Cherbone SUBJECT: Agreement Concerning
Joint Use of Campbell Union High School District Property (Prospect High School) RECOMMENDED ACTION(S): Approve Joint Use Agreement with Campbell Union High School District for use of
District Property and authorize the City Manger to execute the same. REPORT SUMMARY: In December of 2006, the City and the Campbell Union High School District entered into a Joint Use
Agreement for use of their new turf field. The term of the agreement was 2 years with a stipulation allowing five one year extensions. With the agreement’s initial term ending this December
and key parties at the District retiring, it was decided that an early renewal of the agreement was in the best interest of both parties. The Joint Use Agreement (Attachment 1) benefits
both the City and Campbell Union High School District. The following list provides a summary of the major agreement points that are contained in the Joint Use Agreement: 1. Provides
City access field facilities at Prospect High School for use on Saturdays and Sundays (the original agreement only allowed Sunday use). In addition to the access to their turf field,
the new agreement allows access to their rear play field and softball/baseball fields. 2. Provides periodic after school monitoring of Prospect High School by the County Sheriffs and
City Code Enforcement. 3. Provides revenue to District in the amount of $35 per hour for use of each of their facilities. 4. 5 year agreement with a 5 year automatic renewal stipulation.
77
5. Allows scheduled practices (other than Sundays or Saturdays) on play fields at a rate $35 per hour. 6. Provides rainy day policy and penalties for unauthorized use of playfields.
7. Provides ample parking at no additional cost. 8. City will provide portable restroom facilities (associated costs to be transferred to City sanctioned user groups). It is therefore
recommended that City Council approve a Joint Use Agreement with Campbell Union High School District property and authorize the City Manger to execute the same. FISCAL IMPACTS: The cost
of hourly rental of the fields, administration costs, and portable restroom rental fees will be passed on to user groups via separate agreement(s) with the City. CONSEQUENCES OF NOT
FOLLOWING RECOMMENDED ACTION(S): The Joint Use Agreement would not be approved and access to Prospect High School field facilities would not occur. ALTERNATIVE ACTION(S): None. FOLLOW
UP ACTION(S): The agreement will be executed with the District. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Joint Use Agreement. 2. Exhibit A to Joint
Use Agreement. 3. Exhibit B to Joint Use Agreement. 78
JOINT USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE CAMPBELL UNION HIGH SCHOOL DISTRICT THIS AGREEMENT, dated_______________________, (“Effective Date”) by and between THE CITY
OF SARATOGA, a municipal corporation (“City”), and CAMPBELL UNION HIGH SCHOOL DISTRICT, (“District”), is made with reference to the following facts: A. Whereas, the District is owner
of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including grass playfield(s),
turf field(s), baseball/softball fields, and parking areas that are the subject of this agreement and shown on Exhibit “A” (collectively “Use Area”). B. Whereas, by entering into this
Agreement, the community will benefit by having access to the Use Area for City organized events, and the District will benefit by the City sharing in costs of the Use Area. C. Whereas,
the City and District desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Use Area as expressly permitted
by Education Code section 10900 et seq. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall become effective upon execution by the parties
for a term of five (5) years and may be renewed on the same conditions for an additional five (5) year term. 2. Time and Terms of Use. a. During the term of this Agreement the City shall
have the right to use the Use Area shown on Exhibit A on the days and times shown on Exhibit B (“Use Periods”) and at such other days and times as may be mutually agreed upon by District
and City, as long as such City use does not interfere with use by the District of the Use Area. b. Within 30 days of the Effective Date of this Agreement and by June 1st of each year
after, the City shall inform the District as to (a) the anticipated specific starting and ending dates of its use of the Use Area and (b) the schedule for games and practices during
the Use Periods shown shown on Exhibit B. Such notice shall be furnished by the City at least thirty (30) days prior to the commencement of the Use Period and shall be adopted unless
the City scheduled use of the Use Area interferes with the District’s use of these facilities. If the City proposes Use Periods in addition to those shown on Exhibit B, the City and
District shall memorialize their agreement on mutually agreeable dates in the form of a letter agreement signed by the City Public Works Director (or the Director’s designee) on behalf
of the City and the Assistant Superintendent of Business Services or designee. c. During Use Periods the City shall be entitled to the exclusive use of the grass playfield(s), turf field(s),
baseball/softball fields, and shared use of the parking {SR041955.DOC}Page 1 of 6 005175.00001/105635v2 79
areas. Use of the parking area shall be subject to regular parking regulations. At all other times, the Use Area shall remain open for use by the District. City may authorize use of
the Use Area pursuant to this Agreement by third parties (“Third Party Users”) in a manner consistent with the Civic Center Act (Educ. Code § 38130 et seq.), operating pursuant to a
City permit or agreement only if such use by Third Party Users is scheduled by the City in Exhibit B and approved by Assistant Superintendent of Business Services or designee. Any permit
or agreement between City and Third Party Users related to the Use Area shall incorporate the terms and obligations of the City in this Agreement. City and District agree that use of
the Use Area by organized youth sports groups such as AYSO, CYSA, Saratoga Little League and _______ is consistent with the Civic Center Act. 3. Responsibilities of City. City shall:
a. Monitor High School grounds via periodic patrols by County Sheriffs and City of Saratoga Code Enforcement. b. Ensure Third Party Users follow appropriate turf field maintenance practices
including: i. Prohibition of all liquids on the artificial turf field and track with the exception of drinking water. ii. No food of any kind on the artificial turf field and track.
iii. District’s Administrative Regulation (AR) 7112 Care of Facilities iv. District’s AR 3513.2 Parking v. Other appropriate District and City Regulations c. Provide portable restroom
facilities (including scheduled sanitation service) for use by City and Third Party Users. City shall lock these restroom facilities following each use of the Use Area and unlock the
restroom facilities at the commencement of each use unless otherwise directed by the District. d. Clean up litter and debris after each use of the Use Area and deposit of all garbage
in District trash containers located at each facility in the Use Area. e. Field use monitoring at regular intervals during use periods. f. Unauthorized use of the Use Area by City or
Third Party Users may result in a penalty as follows: 1st Penalty during season: No use of the Use Area for one week. 2nd Penalty during season: No use of the Use Area for one month.
3rd Penalty during season: No use of the Use Area for the remainder of the season. 4. Responsibilities of District. District shall: a. Remove trash from the trash containers located
in the Use Area and clean up any litter and debris on turf field preceding use of turf field by City. {SR041955.DOC}Page 2 of 6 005175.00001/105635v2 80
b. Attend a pre-season meeting with City for a preseason inspection of the Use Area at least 30 days prior to the beginning of the Use Period. c. Provide routine maintenance of the Use
Area. Nothing in this Agreement requires the District to provide a new or upgrades to the Use Area. The parties understand that the Use Area is subject to normal wear and tear. 5. Service
charge. a. In consideration for the use of the facilities in the Use Area and the inkind value of maintenance assistance by the District, the City shall pay a service charge to the District
in the amount of $35.00 per hour or portion thereof per each facility in the Use Area that is used by City or City Third Party Users (“Use Fee”). The Use Fee shall not apply to days
cancelled due to inclement weather. b. City shall pay an estimated Use Fee each year no later than July 1 based on the estimated use level expected between July 1 and the following June
30. The estimated Use Fee shall include a credit for any excess payments made for the prior prior
year and shall include an additional payment for the amount of any charges incurred beyond the estimate for the prior year. 6. Legal Responsibility/Insurance. a. a. City and District
agree to indemnify, defend and hold harmless the other party and its respective trustees or directors, agents, officers, employees, governing boards and board members from and against
any and all claims, demand, lawsuits or other proceedings, bodily injury, property damages, personal injury and other liabilities and damages, including attorney's fees and costs, arising
out of the indemnifying party's alleged or actual omission, act or negligence in the performance or failure to perform its obligations under this Agreement. The indemnity, defense and
hold harmless obligations herein set forth shall survive the termination of this Agreement for any alleged or actual omission, act or negligence in the performance or failure to perform
its obligations under this Agreement that occurred during the term of this Agreement. b. Each party shall maintain comprehensive general liability or self-insurance with limits of not
less than two million dollars ($2,000,000) combined single limit for bodily injury and property damages, written on an occurrence basis which insurance shall be primary for any acts
or omissions of the insured party and/or its officers, employees, agents, governing board and board members. District and City shall provide each other with Certificates of Insurance,
naming the other as additional insured under their respective policies or self-insurance to the extent that the conduct giving rise to the claim is the responsibility of the other party
under the terms of this Agreement. Each Party shall promptly notify the other of any claim or of any occurrence which the Party reasonably believes may give rise to a claim against either
Party arising out of the administration or management of the facilities or the programs conducted by City at the property described in Exhibit A. {SR041955.DOC}Page 3 of 6 005175.00001/105635v2
81
7. Contract Administration. a. This Agreement shall be administered on behalf of City by the Public Works Director. b. This Agreement shall be administered on behalf of District by the
Assistant Superintendent, Business Services. 8. Termination. The District may terminate this agreement after 60 days’ notice if the District determines, in its sole discretion, at any
time during the term of the agreement if the Use Area, or any part of it, is needed for District activities. District may also terminate this agreement in the event of a material breach
by City which breach has not been cured by City within 90 days of notice from District of the breach. At the end of the first year only, District may terminate for any reason whatsoever
by giving 60 days written notice to City prior to the end of the first year of the agreement. 9. 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 return receipt requested, or by overnight express carrier directed to the address
specified below. 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. Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga,
CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 With a copy to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1269 Fax: (408)868-8559 Notices
to District shall be sent to: Campbell Union High School District Assistant Superintendent, Business Services 3235 Union Avenue San Jose, CA 95070 Phone: (408) 371-0960 {SR041955.DOC}Page
4 of 6 005175.00001/105635v2 82
10. Successors and assigns. City shall not assign any of its rights or obligations under this Agreement without the express written authorization of the District. District approval of
Third Party Users pursuant to section 2.c of this Agreement shall satisfy this requirement for the purposes of assigning rights of use to Third Party Users. This Agreement shall inure
to the benefit of and shall be binding upon the successors and assigns of the parties hereto. 11. Integration. This Agreement is intended by the Parties as the final expression of their
agreement with respect to such terms as are included herein and as complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of
a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. 12. Amendments. This Agreement cannot be changed or supplemented orally and
may be modified or superseded only by written instrument executed by both parties. 13. Interpretation. Interpretation. Each of the Parties acknowledges and agrees that this Agreement
is an accord and satisfaction to be construed as a whole according to its fair meaning and not in favor of nor against any of the Parties as draftsman or otherwise. 14. Forum. Any action
or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in Superior Court of the State of California, County of Santa Clara. 15. Choice of Law.
This Agreement shall be governed by and interpreted under the laws of California applicable to instruments, persons, transactions and subject matter which have legal contacts and relationships
exclusively within the State of California. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original of the Agreement. Facsimile signature
pages transmitted to other Parties to this Agreement shall be deemed equivalent to original signatures on counterparts. 17. Governing Board Approval or Ratification. This Agreement will
become binding and effective only upon approval or ratification by the District’s Governing Board. 18. Authority. Each signatory hereto hereby represents and warrants that he or she
is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. {SR041955.DOC}Page 5 of 6 005175.00001/105635v2 83
{SR041955.DOC}Page 6 of 6 005175.00001/105635v2 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last signed below. DATED: ___________________ CAMPBELL UNION
HIGH SCHOOL DISTRICT By: _________________________________ DATED: ___________________ CITY OF SARATOGA By: ________________________________ Dave Anderson, City Manager DATED: ___________________
APPROVED AS TO FORM: _____________________________________ RICHARD S. TAYLOR Attorney for City of Saratoga 84
SUNNYBROOK MAURICE FERNBROOK CT. LYNBROOK CT. CABERNET SAN GREENBROOK DRI VE LOLLYDR. DR. KOSI CH DR. CT. KOSICH ² Spring of 2001 Aerial Photo Playfield Parking Area Exhibit A Prospect
Road Lawrence Expressway Playfield Baseball /Softball Baseball /Softball Baseball /Softball 85
s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s s m t w th f s 8:00
A.M. 8:30 A.M. 9:00 A.M. 9:30 A.M. 10:00 A.M. 10:30 A.M. 11:00 A.M. 11:30 A.M. 12:00 P.M. 12:30 P.M. 1:00 P.M. 1:30 P.M. 2:00 P.M. 2:30 P.M. 3:00 P.M. 3:30 P.M. 4:00 P.M. 4:30 P.M. 5:00
P.M. 5:30 P.M. 6:00 P.M. 6:30 P.M. 7:00 P.M. 7:30 P.M. 8:00 P.M. 8:30 P.M. LEGEND: = CITY USE = PROSPECT HIGH SCHOOL USE NOTE: SCHEDULED USE OF PROSPECT HIGH SCHOOL FACILITIES FOR ADDITIONAL
GAMES OR PRACTICES NOT SHOWN ABOVE SHALL BE DETERMINED CASE BY CASE BASED ON AVAILABILITY. January February March April May June July August September October November December PROSPECT
HIGH SCHOOL USEAGE MATRIX 86
APPROVAL OF RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISIION’S APPROVAL OF DESIGN REVIEW APPLICATION
PDR07-0016 Estahbanaty; 20731 St. Charles Street Construction of new two-story home WHEREAS, on May 28, 2008, the City of Saratoga Planning Commission approved Design Review application
PDR07-0016 to construct a two-story single-family residence. The total floor area of the proposed residence will be approximately 2,542 square feet. The maximum height of the proposed
residence will be 26-feet; and WHEREAS, on June 12, 2008, Gwen Francis, Paul Ginouves, Ron Ringsrud, and Linda Ringsrud, filed an appeal of the Planning Commission’s approval of Design
Review application PDR07-0016; and WHEREAS, on July 16, 2008 the City Council held a public hearing to consider the application at which time all interested parties were given a full
opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the application and all testimony and other evidence submitted in
connection therewith; and WHEREAS, the City Council upheld the determination and findings of the Planning Commission approval of the design review application; and WHEREAS, The proposed
project including the construction of a new single-family residence is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion
of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. WHEREAS, the
applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Municipal Code Section 15-45.080 and the
City’s Residential Design Handbook have been determined: Conservation Element Policy 6.0 – Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact
of new development. The wood front doors, and neutral shades of the exterior will blend with the surrounding rural environment. Six ordinance-sized trees on the property will be protected
and preserved. Land Use Element Policy 5.0 – The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site
and the adjacent surroundings. As conditioned, the application meets the Findings required for Design Approval. Page 1 of 6 87
Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference
with views and privacy. The project will not unreasonably interfere with view and privacy in that the proposal is below the permitted height in the zoning district. The second story
of the home is modest in size and has been articulated to have greater than required setback along the western property line. Windows on two sides of the bay window have been removed
and a window on the West façade in the master bedroom will be frosted glass. This finding may be made in the affirmative. (b) Preserve Natural Landscape. The site contains six ordinance
size trees that will be retained and protected through the construction process. A tree that currently provides screening for a neighbor against exterior lights of a nearby commercial
building will be maintained. This finding may be made in the affirmative. (c) Preserve Native and Heritage Trees. Six trees not protected by City ordinance will be removed for this project.
Six trees that are protected by City ordinance will be fenced during the construction process and a bond equivalent to 100% of the remaining trees will be required prior to issuance
of City permits. No heritage trees will be removed. This finding may be made in the affirmative. (d) Minimize perception of excessive bulk. The project meets this finding in that the
home is detailed and provides building articulation. The front façade includes architectural elements such as shingles, a porch, and exposed rafters. The building line of the second
story is furthest from side property lines near the front of the property and jogs to provide building articulation. (e) Compatible bulk and height. Other two-story homes similar in
height exist in the vicinity of the project. The stucco finish of the structure is consistent with other buildings in the neighborhood. The two-story element of the home has been set
back from the front and western side property lines to reduce bulk, particularly as viewed from the street. In addition, the home will not exceed the maximum height allowed in the area
and zoning district. This finding may be made in the affirmative. (f) Current grading and erosion control methods. The project is conditioned to conform to the City’s current grading
and erosion control standards. The project is also conditioned to require detention of stormwater on site, to the maximum extent reasonably feasible. This finding may be made in the
affirmative. (g) Design policies and techniques. The proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook as described in the
findings above. NOW, THEREFORE, the City Council of the City of Saratoga does hereby resolve as follows: Page 2 of 6 88
Section 1. After careful consideration of the testimony received, site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the appeal is
denied and application number PDR07-0016 for Design Review Approval is hereby granted subject to the following conditions: PERMANENT CONDITIONS OF APPROVAL Prior to issuance of final
zoning clearance, the applicant shall record a deed restriction containing the following permanent conditions of approval: 1. The window in the master bedroom facing west shall have
obscure glass. 2. The bay window located on the rear façade may have glass only on the rear wall. The sides of the bay window shall not have windows. COMMUNITY DEVELOPMENT 3. The proposed
home shall be constructed as shown on Exhibit “A” incorporated by reference. The home shall have exposed rafters on all facades. 4. Proposed windows shall be wooden and windows on front
and rear elevations and the garage shall have divided lites. 5. Plans submitted to the building department shall reflect proposed top-most point consistent with approved elevation drawings.
6. A maximum of one wood-burning fireplace shall be permitted. 7. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback line.
8. Four sets of complete construction plans incorporating this Resolution shall be included on the plans submitted to the Building Division for permit plan check review. 9. Exterior
lighting shall be positioned so as to not shine into or on adjacent properties. 10. Solid fencing along the western and eastern property lines shall be installed as shown on the landscaping
plan. 11. Final landscape, irrigation and utility plans shall be incorporated into the construction plan set and shall take into account the following requirements: • Landscaping plan
shall include landscaping to screen adjacent properties where feasible and said plan is subject to review and approval by City Arborist. • Landscape plan shall be designed with efficient
irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. Page 3 of 6 89
• Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention
of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. • Pest resistant landscaping plants shall be considered for use throughout
the landscaped area, especially along any hardscape area. • Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount
and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. • Existing native
trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. • A note shall be included on the site plan stating that no
construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. 12. Any changes to the approved plans must be submitted
in writing with a clouded set of plans highlighting the changes. No downgrading in the exterior appearance of the approved residence will be approved by staff. Downgrades may include
but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject to the approval
of the Community Development Director and may require review by the Planning Commission. 13. The site plan shall contain a note with the following language: “Prior to foundation inspection
by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans.” 14. A storm water retention plan indicating how storm water
will be retained on-site to the maximum extent feasible, and incorporating the New Development and Construction – Best Management Practices, shall be submitted along with the complete
construction drawings. If all storm water cannot be retained on-site due to topographic, soils or other constraints, an explanatory note shall be provided on the plan. 15. Water and/or
runoff from the project site shall not be directed toward the adjacent properties. 16. All processing fees, in the form of deposit accounts on file with the community development department,
shall be reconciled with a minimum $500 surplus balance at all times. In the event that the balance is less than $500, all staff work on the project shall cease until the balance is
restored to a minimum of $500. CITY ARBORIST 17. All recommendations contained in the City Arborist Report dated February 21, 2008 shall be followed. Page 4 of 6 90
18. Tree protective measures, as specified by the City Arborist, shall be installed and inspected by Staff prior to issuance of City Permits. 19. Prior to issuance of City Permits, the
applicant shall submit to the City, in a form acceptable to the Community Development Director, security equivalent to 100% of the value of all protected trees to guarantee the maintenance
and preservation of trees. 20. The City Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after the planting of required
replacement trees, a favorable site inspection by the City Arborist, and payment of any outstanding Arborist fees. FIRE DEPARTMENT 21. The applicant shall comply with all Fire Department
conditions. CITY ATTORNEY 22. Applicant agrees to hold City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of City
in connection with City’s defense of its actions in any proceeding brought in any State or Federal Court, challenging the City’s action with respect to the applicant’s project. Section
2. Construction must commence within thirty-six (36) months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities
must be met. PASSED AND ADOPTED by the City of Saratoga City Council, State of California, on the 16th day of July 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN:
Page 5 of 6 91
Page 6 of 6 Ann Waltonsmith Mayor ATTEST: ____________________________________ Ann Sullivan Acting City Clerk This permit is hereby accepted upon the express terms and conditions hereof,
and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms
and conditions and agrees to fully conform to and comply with said terms and conditions. __________________________________ _________________________ Property Owner or Authorized Agent
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Page 1 of 3 SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Shweta Bhatt, Associate Planner
DIRECTOR: John Livingstone, AICP SUBJECT: Appeal APCC08-0002 – Appeal of a Design Review Approval by the Planning Commission (Design Review Application PDR07-0016) to construct a new
twostory single-family residence at 20731 Saint Charles Street RECOMMENDED ACTION: Staff recommends the City Council deny the appeal, thus approving the proposed new two-story residence.
DISCUSSION: Project History The Planning Commission originally reviewed this application at the March 26, 2008 hearing. During the site visit and during the public hearing, neighbors
in vicinity of the project made several suggestions to the applicant regarding the architectural style, privacy, and bulk. Concerns were also raised regarding the fact that the proposed
home is two-story and proposed exterior materials such as stucco. Several other two-story, stucco homes exist in the immediate vicinity of the project. The code does not limit structures
to single-story or prohibit stucco on the subject property and the Planning Commission found that both aspects of the project are appropriate. In response to other suggestions, the applicant
modified the project and it was reviewed by the Planning Commission at the May 28, 2008 hearing. The following changes were made in response to comments provided at the March 26th hearing
and were part of application that was reviewed during the May 28, 2008 hearing: Architectural Style § removing the columns adjacent to the window on the second floor and proposing shutters
instead; § proposing riverrock accent on the front instead of flagstone; § proposing true divided lites on wooden windows; and § proposing shingles on the front facade. Privacy Impacts
§ lowering the grade of the property by an additional two feet § removing the glass on the sides of the bay window of the rear facade to reduce privacy impacts to the neighbors to the
West. 211
Page 2 of 3 Bulk and Mass § installing a window with frosted glass on the Western façade, approximately 5-feet 8-inches above the finished floor to help break up the massing on the Western
façade § lowering the plate height of the living room by one foot to reduce the perceived height of that portion of the structure. The Planning Commission approved the project by 6-1
vote at the May 28, 2008 meeting. Several conditions discussed and added during the meeting include: § requiring the windows on the front and rear facades to have true divided lites;
§ requiring the applicant to install solid fencing as shown on proposed landscaping plans; § requiring exposed rafters on all facades. Several permanent conditions of approval are also
part of the project, including: § requiring the window in the master bedroom facing west to have obscure glass; § requiring the bay window located on the rear façade to have glass only
on the rear wall. The sides of the bay window shall not have windows. The appellants have submitted a letter, simulation, and petition which has been included in the packets. Relevant
background documents, including the Staff Report and Planning Commission minutes are also included in the packet materials. A resolution of approval denying the appeal and affirming
the Planning Commission approval has been prepared for Council adoption (see Attachment 1). The plans approved by the Planning Commission at the May 28, 2008 hearing included elevation
drawings that reflected the proposed height of the structure after the applicant agreed to reduce the grade of the property by approximately two feet. However, height information on
the cover sheet had not been revised to reflect the reduction in the proposed building height. Therefore, a condition has been added to the attached resolution to require the applicant
to make this change on plans submitted to the Building Department. Heritage Preservation Commission Review The Heritage Preservation Commission (HPC) reviewed this project at their regular
meeting on January 8, 2008. The Commission approved the demolition of the existing home, with the condition that the applicant provide a report documenting the history of the parcel
and the church that previously existed on adjacent parcels. The applicant provided this report at the June 10, 2008 HPC meeting. The home has since been demolished. The code does not
prohibit property owners from demolishing their home with or without an approved Design Review application. ALTERNATIVES: 1. Uphold the appeal and overturn the Planning Commission’s
approval of the proposed project, thus denying Design Review Application PDR07-0016. 2. Continue the public hearing to allow the applicant an opportunity to restudy project-related issues
raised by the City Council. FISCAL IMPACTS: Not applicable. 212
Page 3 of 3 ADVERTISING, NOTICING AND PUBLIC CONTACT: Mailed notices to property owners within 500-feet, posted notice, and advertised the notice in the Saratoga News. ATTACHMENTS: 1.
Resolution affirming Planning Commission approval of application PDR07-0016 2. Appeal application 3. Planning Commission Staff Report March 26, 2008 meeting 4. Excerpt of Minutes from
the March 26, 2008 Planning Commission meeting 5. Planning Commission Staff Report May 28, 2008 meeting 6. Excerpt of Minutes from the May 28, 2008 Planning Commission meeting 7. Letter
and Simulation from Appellants date-stamped July 9, 2008 (Simulation City Council Members Only) 8. Petition from Appellants date-stamped July 9, 2008 9. Public Comment date-stamped July
9, 2008 10. Exhibit A – Plans reviewed by Planning Commission (City Council Members Only) 213
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SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: City Attorneys Office DIRECTOR: John Cherbone (Andrew
Schwartz & Catherine Engberg) ____________________________ SUBJECT: Hearing to Consider Adoption of a Resolution of Necessity (Eminent Domain) for the Acquisition of an Easement in Pacific
Gas & Electric Right of Way for Joe’s Trail at Saratoga De Anza RECOMMENDED ACTION: Adopt a Resolution of Necessity making the appropriate findings and authorizing the initiation of
eminent domain proceedings to acquire an easement necessary for Joe’s Trail at Saratoga De Anza (“Project”). SUMMARY: The Project requires the City to acquire an easement in Pacific
Gas & Electric (“PG&E”) right of way for a pedestrian/bike trail extending approximately 1.6 miles in a generally northwest/southeast direction from Saratoga/Sunnyvale Road to Saratoga
Avenue in the City of Saratoga (the “Easement”). On June 27, 2008, the City sent PG&E a letter by certified mail offering to purchase the Easement from PG&E for $190,000. The City subsequently
sent PG&E a Notice of Intent to Adopt Resolution of Necessity by mail and facsimile. PG&E does not oppose the City’s exercise of eminent domain to acquire the Easement. BACKGROUND: The
Resolution of Necessity is needed to acquire the Easement by eminent domain for the Project. The City is authorized to acquire the Easement under California Constitution Article 1, section
19; California Government Code sections 37350, 37350.5, 37351, and 40404; California Code of Civil Procedure sections 1230.010 et seq., including, but not limited to sections 1240.010
through 1240.050, 1240.110, 1240.120, 1240.140, 1240.150, 124.220, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650; and other provisions of law. The Resolution of Necessity
requires four “yes” votes by the Council to pass. 1 218
FINDINGS: To adopt a Resolution of Necessity, the Council must find that: 1. The public interest and necessity require the Project. 2. The Project is planned and located in the manner
that will be compatible with the greatest public good and the least private injury. 3. The Easement is necessary for the Project. 4. An offer to purchase has been made to the record
owners of the Property as required by Government Code section 7267.2; and, 5. The City has fully complied with the California Environmental Quality Act, Public Resources Code sections
21000 et seq. The following discussion addresses each of the above-referenced findings. 1. The public interest and necessity require the Project. The Project was originally envisioned
as part of a larger regional trail extending along the Union Pacific Railroad right of way through the cities of Campbell, Saratoga and Cupertino, and in the Town of Los Gatos. The Santa
Clara Countywide Trails Master Plan, which was adopted in 1995, designated the railroad corridor trail as a Regional Connector Trail between the Los Gatos Creek Trail and the San Juan
Bautista de Anza National Historic Trail. In March 2000, the Saratoga City Council passed a resolution supporting the creation of the Union Pacific Railroad Trail Task Force, which oversaw
the preparation of the Union Pacific Rail Trail Feasibility Study (“Feasibility Study”). The Feasibility Study summarized user needs, recommended various alternate alignments, and provided
suggestions on design, trail implementation, maintenance, management, and funding. The Conceptual Plan for the Project was refined in 2004 and 2005 based on input from community groups,
Saratoga residents, and City staff, and was approved by the City Council for environmental review. The Project is designed to meet the following goals and objectives: • Expand open space
in Saratoga; • Mitigate potential impacts of the trail on adjacent residential properties and neighborhoods; • Improve regional trail connectivity to Bay Area open space and trail networks;
networks; • Create a safe, multi-use community asset; • Honor the historic legacy of Juan Bautista de Anza and the early exploration of California; and • Reduce automobile use to benefit
regional air quality. 2 219
On October 3, 2007, the Saratoga City Council approved the Project. 2. The Project is planned and located in the manner that will be compatible with the greatest public good and the
least private injury. As noted above, the Feasibility Study evaluated various alignments, but noted that the currently-proposed Project has few development constraints. It found: With
the exception of a few minor encroachments in the PG&E right of way immediately to the north and south of Cox Avenue, the absence of constraints in this area allows for location of the
trail on the west side of the tracks, setback a minimum of 25 feet from track centerline. In much of this segment, the Union Pacific right of way can be avoided completely by routing
the trail in the PG&E right of way. Available room within the corridor is sufficient for a significant planting buffer to be placed within the trail and the tracks. Utilizing the extra
width in the PG&E right of way, the trail layout should avoid removal of significant vegetation. In addition, the Project will not infringe on PG&E’s use of the property for high voltage
transmission lines. The Project would be constructed on an easement acquired from PG&E and would involve no actual land acquisition by the City. PG&E does not oppose the Project or the
City’s acquisition of the Easement. Nevertheless, the City has decided to use its power of eminent domain to acquire the Easement because otherwise the California Public Utilities Commission
would have jurisdiction over the purchase agreement. If the City were to enter into a voluntary purchase agreement with PG&E, the CPUC could delay the transaction and could condition
or deny the sale. On the other hand, the CPUC has no jurisdiction if the City uses its power of eminent domain. Funding requirements for the project require moving forward with acquisition
promptly therefore a voluntary purchase is not feasible. 3. The Easement is necessary for the Project. The Project requires an easement on PG&E right of way. As noted above, the Feasibility
Study evaluated alternate alignments for the Project, but found that the alignment along the PG&E right of way posed few development constraints and allowed the City to avoid the Union
Pacific right of way. 4. An offer to purchase has been made to the record owners of the Property as required by Government Code section 7267.2. Pursuant to Government Code sections 7267.2
et seq., the City of Saratoga obtained a fair-market value appraisal of the Easement from Chris Carneghi, MAI, of Carneghi-Blum & Partners, Inc. Although not required by law, the City
also obtained a review appraisal from David Tattersal & Co. The review appraisal agreed with Chris Carneghi’s determination of the fair-market value of the Easement. The City set just
compensation as the fair market value. On June 27, 2008, the City of Saratoga, thorough its attorneys, Shute, Mihaly & Weinberger LLP, sent a letter to PG&E by certified mail offering
to purchase the Easement for the full amount of the appraisal. On June 30, 2008, the City of Saratoga, through its attorneys, mailed 3 220
and faxed to PG&E Notice of Intent to Adopt a Resolution of Necessity. Copies of the City’s offer letter and Notice of Intent are on file with the City Clerk. 5. The City has fully complied
with the California Environmental Quality Act, Public Resources Code sections 21000 et seq. The City circulated an Initial Study and proposed Mitigated Negative Declaration for public
review and comment from April 17, 2007 to May 18, 2007. On October 3, 2007, the City adopted the Mitigated Declaration and approved the Project. In connection with the proposed Resolution
of Necessity, City Staff has reviewed all environmental documentation prepared for the Project. City staff has concluded that, since the approval date, there have been no substantial
changes in the Project or the circumstances surrounding it, nor has the City obtained any new information requiring further environmental review. ADMINISTRATIVE RECORD: In addition to
other materials made a part of the administrative record, the following documents are incorporated in this Report and are included in the administrative record: 1. The Initial Study/Mitigated
Negative Declaration for the Project. 2. The Notice of Intent to Adopt a Resolution of Necessity sent to PG&E notifying it of the time and place of the hearing on the Resolution of Necessity.
3. The offer to purchase sent to PG&E on June 27, 2008. 4. The Summary Appraisal Valuation Statement prepared by Chris Carneghi, MAI, dated June 10, 2008. 5. The review appraisal prepared
by David Tattersall, MAI, dated June 19, 2008. 6. This Agenda Report (including attachments) ACTION BY THE CITY COUNCIL; ALTERNATE ACTION(S): Should the City Council make the findings
required in the attached Resolution of Necessity, the City may initiate eminent domain proceedings to acquire the Easement by adopting the attached Resolution of Necessity. The Resolution
of Necessity requires a two-thirds (2/3) vote of the City Council, which equates to four votes because the Council consists of five members. The City Council has the discretion to: (1)
Adopt the Resolution of Necessity; (2) not adopt the Resolution of Necessity; or (3) request additional information. Staff recommends that the Council adopt the Resolution of Necessity
to initiate eminent domain proceedings. 4 221
5 FISCAL IMPACT: Funding for the acquisition of the Easement comes from a grant from the Valley Transportation Authority, funded through the Metropolitan Transportation Commission, and
an anonymous donor. ATTACHMENTS: 1. Resolution of Necessity 2. Survey maps 3. Offer to Purchase, attaching the Summary Appraisal Valuation Statement 4. Review appraisal 5. Notice of
Intent to Adopt a Resolution of Necessity 222
1 CITY COUNCIL OF THE CITY OF SARATOGA RESOLUTION NO. ______ A RESOLUTION OF PUBLIC USE AND NECESSITY OF THE CITY OF SARATOGA FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE
AN EASEMENT IN PACIFIC GAS & ELECTRIC RIGHT OF WAY IN CONNECTION WITH THE PLANNED JOE’S TRAIL AT SARATOGA DE ANZA; AUTHORIZING THE CITY ATTORNEY TO INITIATE AND PROSECUTE AN ACTION IN
EMINENT DOMAIN TO FINAL JUDGMENT TO ACQUIRE THE EASEMENT; AUTHORIZING THE DEPOSIT OF FUNDS LAWFULLY AVAILABLE TO THE CITY OF SARATOGA FOR THE PROJECT FOR POSSESSION OF THE EASEMENT.
The planned Joe’s Trail at Saratoga De Anza (“Project”) includes the development of an approximately 1.3mile bike and pedestrian trail extending along an approximately 1.6mile PG&E easement
that is approximately 75 feet wide. The trail will extend in a generally northwest/southeast direction from SaratogaSunnyvale Road to Saratoga Avenue in the City of Saratoga, as described
in Section 3 of this Resolution (the “Property”). The trail includes two useable sections. The first section will extend from a parking lot adjacent to SaratogaSunnyvale Road to parcel
38644042, which is approximately 0.57 linear mile from the western terminus of the trail. There will be a 0.27mile gap between the first section and second section of the trail. The
second section of the trail will extend from the edge of San Jose Water Company property (east of Cox Avenue) to Saratoga Avenue. This portion of the trail will be approximately 0.74
linear miles. The Project requires acquisition of an easement in the Property (the “Easement”). On October 3, 2007, the City of Saratoga adopted a Mitigated Negative Declaration (“MND”)
and Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act, and approved the Project. The City Council of the City of Saratoga, by a vote of
4/5ths majority or more of its members, finds, determines, declares and resolves that: Section 1. The City of Saratoga is a municipal corporation in the County of Santa Clara, State
of California. Section 2. The Easement is to be taken for public use for the Project and all uses necessary, convenient, or appurtenant to the Project pursuant to the authority conferred
upon the City of Saratoga to acquire property by eminent domain by California Constitution Article 1, section 19; California Government Code sections 37350, 37350.5, 37351, and 40404;
California Code of Civil Procedure sections 1230.010 et seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.140, 1240.150, 124.220, 1240.350,
1240.410, 1240.510, 1240.610, 1240.650; and other provisions of law. 223
2 Section 3. The Property is a 489,358square foot area of land located along a Pacific Gas & Electric utility transmission corridor, and consisting of portions of APNs 38653018, 38653019,
39317004, 39317005, 39317006, 39321005, 39321006, 39321007, and 39321013. The legal descriptions of the Property are attached as Exhibit “A” to this Resolution. The Property is depicted
on the survey maps attached as Exhibit “B” to this Resolution. The Easement is required for the construction and maintenance of the Project. Section 4. The Easement is required to carry
out and make effective the principal purpose of the Project. A general description of the Project is set forth in the Agenda Report dated July 16, 2008. The Agenda Report and the evidence,
reports, and documents cited in that Agenda Report are incorporated in the Administrative Record for this Resolution. Section 5. The City Council of the City of Saratoga specifically
finds and determines that: A. The City has fully complied with the California Environmental Quality Act, Public Resources Code sections 21000 et seq. with regard to the Project. The
environmental effects of the Project were evaluated in the MND prepared by the City of Saratoga (State Clearinghouse Number 2007042079), adopted by the Saratoga City Council on October
3, 2007. No revisions to the MND are required for the acquisition of an easement in the Property due to new or substantially increased significant environmental effects because of substantial
changes in the Project, substantial changes with respect to the circumstances under which the Project would be undertaken, or significant new information. B. The public interest and
necessity require the Project. C. The Project is planned or located in the manner that will be most compatible with the greatest good and the least private injury. D. The Easement is
necessary to carry out and make effective the principal purpose of the Project. E. The City has complied with all conditions and statutory requirements necessary to exercise the power
of eminent domain to acquire the Easement, as well as any other matter regarding the right to take the Easement by eminent domain, including but not limited to, making the offer required
by Government Code section 7267.2(a). Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on July 16, 2008, when it
adopted this Resolution, including the Agenda Report dated July 16, 2008, all documents referenced and incorporated in the Agenda Report, the testimony at the hearing, and the records
and documents prepared in connection with the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City Council of the City of Saratoga authorizes
and directs the City Attorney’s office and City Staff to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the Easement
by eminent domain. 224
3 Section 8. The City Manager, or his designee, is hereby authorized to deposit lawfully available funds of the City of Saratoga for the Project with either the court in which the eminent
domain proceedings are commenced or the State Treasury Condemnation Fund, in the amount required by law for the maintenance of a proceeding in eminent domain and for immediate possession
of the Property. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16 th day of July, 2008 by the following vote:
AYES: NOES: ABSENT: ABSTAIN: _________________________________ Ann Waltonsmith, Mayor ATTEST: _________________________________ Ann Sullivan, Acting City Clerk 225
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SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 PROJECT APP: ZOA08-001 DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John
Cherbone ________________________________________________________________________ SUBJECT: Amendment to Valet Parking Ordinance to Eliminate Annual Review Requirement ________________________________
_______________________________________ RECOMMENDED ACTION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the
attached ordinance and waive the First Reading and direct staff to schedule this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council
meeting. REPORT SUMMARY: At its meeting of June 18, 2008 the City Council directed staff to prepare ordinance amendments that would repeal the requirement for annual review of the City’s
valet parking regulatory program. At that meeting the Council received a report indicating the program had operated for 10 years with no need for revisions. Based on that determination
staff has prepared the attached ordinance amendment that removes the requirement for an annual review. FOLLOW UP ACTION(S): Schedule the ordinance for a second reading. ADVERTISING,
NOTICING AND PUBLIC CONTACT: Notice of this meeting was published in the Saratoga News on July 2, 2008. ATTACHMENTS: 1. Proposed Ordinance 1 314
ORDINANCE __________ An Ordinance Amending the Saratoga Municipal Code To Eliminate Annual Review of the Valet Parking Regulatory Program WHERAS, the City in 1998 adopted a program to
regulate the operation of valet parking services in the City and included in that program a requirement for periodic review of the program. Since its adoption the program has operated
without need for revision. In light of these facts the requirement for periodic review is no longer required. THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below (text to be deleted is shown in strikeout): A. 4-80.150 of the Saratoga Municipal Code is amended as
follows: 4-80.150 Annual review. Commencing in June 1999, and in June of every year thereafter, the provisions of this Article shall be reviewed and a separate report made to the City
Council by the City Manager at a public hearing, setting forth an analysis of the effectiveness of the the valet parking service operations, including whether the public convenience
and necessity require the continuation of the valet parking service operations and/or whether the provisions of this Article should be modified or repealed. 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 16th day of July, 2008, and was adopted by the following vote following a second
reading on the 6th day of August, 2008: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: 315
SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA Acting CLERK OF THE CITY OF Saratoga, California
SARATOGA Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 316
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: Sheriff’s Office CITY MANAGER: Dave Anderson PREPARED BY: Terence Calderone, Captain DIRECTOR: Santa Clara
County Sheriff’s Office West Valley Substation SUBJECT: Recommendation to convert the Neighborhood Resource Officer (NRO) position to a School Resource Officer (SRO) position RECOMMENDED
ACTION: Convert the existing NRO position provided by the Santa Clara County Sheriff’s Office to an SRO position and, if needed, revise the existing contract with the Sheriff’s Office
to reflect this change. BACKGROUND The City of Saratoga and Sheriff’s Office have recognized the need to address requests for training, enforcement and emergency preparedness in Saratoga’s
schools. Previously, in response to the schools’ needs and concerns, the City Council decided to establish an SRO position using the Citizens’ Options for Public Safety (COPS) grant
to fund the position. For a number of years, this SRO position addressed immediate needs for enforcement, communication, presentations, and emergency preparedness training. In 2005,
however, facing the need to undertake significant budget cuts, the City made the difficult decision to eliminate the SRO position from the Sheriff’s Office contract, together with a
traffic enforcement position. In FY 2006-07, the City Council decided to use the COPS grant to fund an NRO position. At the time, due to grant restrictions, this position could not be
designated as an SRO. Therefore, an NRO position was created in order to conform to the restrictions of the grant, while addressing the needs of the community. The NRO has met many community
needs; however, there has been a growing concern expressed by the schools for more assistance with training, enforcement and emergency preparedness. As the City’s Public Safety representative,
I am obligated to assure that school staff and students have received appropriate training to protect themselves in emergency situations. As one example, throughout the last two years,
I have felt an urgent need to provide Saratoga’s schools with the necessary training for both staff and students in preparation for an active shooter on campus. While these duties are
usually assigned to an SRO, in the absence of that position, I have assigned the NRO the duty of providing this training to the schools and school staff within Saratoga. Page 1 of 3
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We have all become more aware of the growing incidence of violence on school campuses. It is imperative that we are prepared to meet a potential threat in Saratoga, should it arise.
Also, we have witnessed the growing trend of students’ use of alcohol and narcotics. These trends can be addressed by an SRO on campus who establishes relationships with students and
staff. The SRO sometimes takes enforcement action, but also works and communicates directly with students and staff. Therefore, a level of trust is developed, and the SRO can communicate
not only with students, but can reach out and work with their parents and family members to provide information and programs to address their needs. The SRO would work closely with both
staff and students to provide information about behaviors that lead to achievement. The programs and presentations provided by the SRO will educate students about how to change current,
unproductive and/or destructive behavioral patterns. Specifically, the SRO would perform the following duties throughout the school year: ?? Bonding with students and staff; ?? Providing
the following trainings/programs: • Code Red and Code Blue • DUI Court – Traffic Safe Communities Network (consequences of drinking and driving via an actual court process) • Every 15
Minutes Program (usually one year preparation time) • Stranger Danger • Bully and Respect • Zero Tolerance (advising about crimes that require enforcement action) • Internet Safety/Identity
Theft • Bicycle Safety • Red Ribbon Week-Drug Awareness ?? Providing visibility on campus throughout the day; ?? Providing Juvenile Traffic Diversion program (for juveniles cited for
various bicycle safety violations; and ?? Conducting Traffic enforcement around the schools. As can be seen from the above job duties, the SRO position would provide students and the
greater community with comprehensive services to help address a broad range of issues and concerns. These services will benefit students, school staff, residents and the community as
a whole. Page 2 of 3 318
Page 3 of 3 Representatives from Saratoga’s elementary and secondary schools came to the July 2, 2008 City Council meeting to request reinstatement of the SRO position. CONCLUSION More
and more jurisdictions have recognized the value that an SRO provides to schools, students, and communities, and as a result many have established an SRO position. As your Public Safety
representative, I feel that the SRO will provide enhanced service to the community as a whole due to the role he/she will have working to educate students, school staff and parents in
Saratoga. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The NRO position will remain as is with the same job duties as outlined above. ALTERNATIVE ACTION(S):
N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 319
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager
SUBJECT: Heritage Orchard Oversight RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: At its July 2, 2008 meeting, the City Council held a joint meeting with
the Heritage Preservation Commission (HPC) and the Historic Foundation. As a part of the discussion, the Council introduced the idea of reassigning oversight of the City’s Heritage Orchard
from the HPC to the recently reinstituted Parks and Recreation Commission (PRC). The Heritage Orchard is maintained on contract by Matt Novakovich, Orchardist; the contract is overseen
by the City’s Public Works Department. Public Works has recently undertaken construction of a trail around the perimeter of the orchard, which will provide for additional public access.
In addition, the Recreation Department intends to offer one or more educational classes that that directly relate to the orchard and its operations. The orchard serves not only as a
tribute to Saratoga’s agricultural past, but also as an educational and recreational asset for the City’s residents and visitors alike. Given this broader role for the orchard, the Council
may desire to assign its oversight to the PRC. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Page 1 of
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Page 2 of 2 Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: N/A 321
SARATOGA CITY COUNCIL MEETING DATE: July 16, 2008 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson __________________
_____________________________________________________ SUBJECT: City of Saratoga Code of Ethics and Values ________________________________________________________________________ RECOMMENDED
ACTION: Review and approve, modify, or deny adoption of the attached Code of Ethics and Values for the City of Saratoga. REPORT SUMMARY: At the Study Session held June 24, 2008 the City
Council discussed a number of matters pertaining to ethical norms and behaviors in City government. Council directed staff to return with a proposed code of ethics for City officials
based on the City of Santa Clara’s Code of Ethics and Values with modifications reflecting Saratoga values. (On a related matter, the Council adopted a Saratoga Pledge of Fair Campaign
Practices at its meeting of July 2, 2008.) DISCUSSION: The City of Santa Clara in 2000 adopted a Code of Ethics & Values for City officials. The Code has been widely cited as a thoughtful
and well-considered model. According to Santa Clara, the Code is designed to provide clear, positive statements of ethical behavior reflecting the core values of the community. The Code
applies to Council members, Commissioners, City staff and volunteers and includes practical strategies for addressing ethical questions and a useful framework for decision-making and
handling the day-to-day operations. The Code presents a set of nine statements of values. Each statement is followed by a list of specific practices demonstrating those values. For example,
the first value is: “As a Representative of the City of Saratoga, I will be ethical.” The Code then states: “In practice, this value looks like: a. I am trustworthy, acting with the
utmost integrity and moral courage. b. I am truthful, do what I say I will do, and am dependable. c. I make impartial decisions, free of bribes, unlawful gifts, narrow political interests,
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2 and financial and other personal interests that impair my independence of judgment or action. d. I am fair, distributing benefits and burdens according to consistent and equitable
criteria. e. I extend equal opportunities and due process to all parties in matters under consideration. If I engage in unilateral meetings and discussions, I do so without making voting
decisions. f. I show respect for persons, confidences, and information designated as "confidential." g. I use my title(s) only when conducting official City business, for information
purposes, or as an indication of background and expertise, carefully considering whether I am exceeding or appearing to exceed my authority.” The attached draft is based on the Santa
Clara Code of Ethics and Values. Based on discussion at the Council Study Session that Code has been revised to include a new section on respectful conduct (Section 5) and to include
statements regarding collaborative teamwork, attending meetings, and acting in a constructive manner when expressing concern
regarding the statements of others. These revisions reflect staff’s understanding of Council discussion at the June 24 study session. Council may revise the attached draft to add or
remove the statements of values and/or the practices reflecting the values. In addition, Council may revise the statements of values and practices. ALTERNATIVES: Discussed above. FOLLOW
UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. In addition, the matter was discussed at the noticed Study Session held June
24, 2008. ATTACHMENTS: Attachment A – Proposed Resolution Adopting City of Saratoga Code of Ethics and Values 323
RESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF SARATOGA ESTABLISHING A CODE OF ETHICS AND VALUES A. The proper operation of democratic government requires that decision-makers
be independent, impartial, and accountable to the people they serve; B. The City of Saratoga seeks to promote and maintain the highest standards of personal and professional conduct
in the City's government; C. The City will benefit by having all elected and appointed officials, City employees, volunteers, and others who participate in the city's government subscribe
to these values and take the time to understand how they apply to their specific responsibilities; and D. The City seeks public confidence in the City's services and public trust of
its decision-makers and accordingly has determined that our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement. THEREFORE,
BE IT RESOLVED that the City Council hereby: 1. Adopts the attached Code of Ethics and Values; 2. Directs the City Clerk to post the Code on the City website and to distribute copies
to all City Commissioners, staff, and volunteers. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this 16th day of July, 2008, by the following vote:
AYES: NOES: ABSENT: ABSTAIN: ________________________________ Ann Waltonsmith, Mayor ATTEST: ___________________________ Ann Sullivan Acting City Clerk 324
Page 1 of 3 City of Saratoga Code of Ethics and Values Preamble The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable
to the people they serve. The City of Saratoga has adopted this Code of Ethics & Values to promote and maintain the highest standards of personal and professional conduct in the City's
government. All elected and appointed officials, City employees, volunteers, and others who participate in the city's government are required to subscribe to this Code, understand how
it applies to their specific responsibilities, and practice its nine core values in their work. Because we seek public confidence in the City's services and public trust of its decisionmakers,
our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this code. 1. As a Representative of the City
of Saratoga, I will be ethical. In practice, this value looks like: a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, do what I say I will do,
and am dependable. c. I make impartial decisions, free of bribes, unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of
judgment or action. d. I am fair, distributing benefits and burdens according to consistent and equitable criteria. e. I extend equal opportunities and due process to all parties in
matters under consideration. If I engage in unilateral meetings and discussions, I do so without making voting decisions. f. I show respect for persons, confidences, and information
designated as "confidential." g. I use my title(s) only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering
whether I am exceeding or appearing to exceed my authority. 2. As a Representative of the City of Saratoga, I will be professional. In practice, this value looks like: a. I apply my
knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach
my job and work-related relationships with a positive attitude. c. I keep my professional knowledge and skills current and growing. 3. As a Representative of the City of Saratoga, I
will be service-oriented. 325
Page 2 of 3 In practice, this value looks like: a. I provide friendly, receptive, courteous service to everyone. b. I am attuned to, and care about, the needs and issues of citizens,
public officials, and city workers. c. In my interactions with constituents, I am interested, engaged, and responsive. 4. As a Representative of the City of Saratoga, I will be fiscally
responsible. In practice, this value looks like: a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City,
especially its financial stability. b. I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds) and follow established procedures.
c. I make good financial decisions that seek to preserve programs and services for City residents. 5. As a Representative of the City of Saratoga, I will be respectful. In practice,
this value looks like: a. I will listen carefully to the views of others and refrain from interrupting interrupting others during discussions of City business. b. I will be succinct
and direct in expressing my views. c. I will not debate with staff or members of the public in public meetings. d. I will avoid using acronyms and will explain their meaning when they
must be used. 6. As a Representative of the City of Saratoga, I will be organized. In practice, this value looks like: a. I act in an efficient manner, making decisions and recommendations
based upon research and facts, taking into consideration short and long term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion.
c. I am respectful of established City processes and guidelines. d. I recognize that I am part of a team and will shoulder my share of responsibilities in representing the City. e. I
will attend all meetings of committees to which I am assigned and meetings with colleagues in nearby jurisdictions or will work to find another to attend in my place. 7. As a Representative
of the City of Saratoga, I will be communicative. In practice, this value looks like: a. I convey the City's care for and commitment to its citizens. b. I communicate in various ways
that I am approachable, open-minded and willing to participate in dialog. c. I engage in effective two-way communication, by listening carefully, asking 326
Page 3 of 3 questions, and determining an appropriate response which adds value to conversations. 8. As a Representative of the City of Saratoga, I will be collaborative. In practice,
this value looks like: a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding. b. I work towards consensus building
and gain value from diverse opinions. c. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. d. I consider the broader
regional and State-wide implications of the City's decisions and issues. e. I act in a constructive manner when expressing concern about or disagreeing with the statements of others.
9. As a Representative of the City of Saratoga, I will be progressive. In practice, this value looks like: a. I exhibit a proactive, innovative approach to setting goals and conducting
the City's business. b. I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms
when necessary. c. I promote intelligent and thoughtful innovation in order to forward the City's policy agenda and City services. 327