HomeMy WebLinkAbout11-05-2008 City Council Agenda PacketAGENDA SPECIAL MEETING SARATOGA CITY COUNCIL NOVEMBER 5, 2008 SPECIAL MEETING – 6:00 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 October 30, 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. OPEN SESSION – 6:00P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE CALL MEETING TO ORDER –
6:00P.M. 1. Joint Meeting with Saratoga Ministerial Association ADJOURNMENT In accordance with the Ralp?h M. Brown Act, copies of the staff reports and other materials provided to the
City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed
to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of
the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 1
2 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.u
. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate
of Posing of Agenda: I, Ann Sullivan, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted
on October 30, 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 30th day of October 2008 at Saratoga, California. Ann Sullivan, CMC, Acting City Clerk
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, November 5, 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 October 30, 2008) COMMUNICATIONS FROM COMMISSIONS
& PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The
law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction
to Staff. Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction
to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendation Honoring John Nolen Recommended action:
Present commendation. 2. Commendation Honoring Judith Sutton and Saratoga High School's English Department Recommended action: Present commendation. 1
SPECIAL PRESENTATIONS 3. Presentation on Mission Green Earth -Stand Up, Take Action Recommended action: Accept presentation CONSENT CALENDAR The Consent Calendar contains routine items
of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar
at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 4. City Council/Planning Commission Study
Session Minutes -October 7, 2008 Recommended action: Approve minutes. 5. City Council Minutes -October 15, 2008 Recommended action: Approve minutes 6. Review of Accounts Payable Registers
Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: October 09, 2008 October 16, 2008 October 23, 2008 7. Subdivision Improvement Agreement
Extension – Mendelsohn Lane Recommended action: 1. Approve Amendment to the Subdivision Improvement Agreement between David Cheng and the City of Saratoga. 2. Authorize the City Manager
to execute the Subdivision Improvement Agreement Amendment. 8. Motor Vehicle (MV) Resolution authorizing No Parking or Stopping Recommended action: Move to adopt the Motor Vehicle Resolution
authorizing “No Parking or Stopping” on Stoneridge Drive 9. Agreement with Civica Software for Website Design and Hosting Recommended action: Accept report and approve agreement with
Civica Software for website design and hosting. 10. FY 2008 – 2009 CDBG County/City Contract Recommended action: Adopt a Resolution authorizing the City Manager to execute a $398,360.77
contract with Santa Clara County for the FY 2008-2009 CDBG Program. 2
11. Authorization to purchase one (1) Chevrolet 5500 Dump Truck and declaration of surplus property and authorization of disposal. Recommended action: 1. Move to authorize the purchase
of one (1) 2007 Chevrolet 5500 Dump Truck from Gilroy Chevrolet in the amount of $44,000. 2. Move to declare the following vehicle as surplus and authorize its disposal -1996 GMC 3500
1-ton--vehicle # 90 PUBLIC HEARINGS None OLD BUSINESS 12. Review of the Heritage Preservation Commission’s proposed design for the Heritage Orchard Sign Recommended action: Review the
proposed design for the Heritage Orchard Sign and direct Staff accordingly. 13. 2008 Winter Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. NEW
BUSINESS 14. Amendment to City Council Policy Pertaining to Norms of Operation and Rules of Order and Procedure for City Council Recommended action: Approve the attached resolution to
amend the City Council Policy Pertaining to Norms of Operation and Rules of Order and Procedure for City Council to conform to recent changes in the State Elections Code and allow the
Council reorganization in election years to be held at a special meeting. 15. Resolution in Support of Santa Clara County Cities Association (SCCCA) Regional Efforts Related to Disposable,
Single Use Carry-out Bags Recommended action: Accept report and adopt Resolution in support of SCCCA regional efforts related to disposable, single use carry-out bags. 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 3
Council Finance Committee Highway 9 Safety 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 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 Airport Land Use Committee CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports
and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California
95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials
distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 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 4
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 October 30, 2008, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga,
CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 30th day of October 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 11/19 Regular Meeting
– Joint Meeting with Mountain Winery 12/2 Council Reorganization meeting 12/3 Regular Meeting – 12/17 Regular Meeting – Traffic Safety Commission 1/07/09 Regular Meeting – Joint Meeting
with Montalvo Arts CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 5
SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DEPT
HEAD: Dave Anderson SUBJECT: Commendation Honoring John Nolen RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached document is in recognition of John Nolen’s many contributions
to the City of Saratoga .Mr. Nolen will be present to receive the commendation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW
UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Commendation 6
CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING JOHN NOLEN WHEREAS, John Nolen graduated from Del Mar High School and San Jose State University and worked for the Campbell
Union High School District for thirty eight years. Public education has been very fortunate to have John serve all these years, and WHEREAS, John Nolen and his wife, Joan have been married
for thirty five years. They grew up together in the same church, First Christian in San Jose, both born in San Jose Hospital and their daughter, Kate will be twenty one in November and
is a senior at UC Davis, and WHEREAS, in December of 2006 the City of Saratoga and the Campbell Union High School District entered into a multi-year Joint Use Agreement for the use of
Prospect High School’s newly constructed turf field; and WHEREAS, in July of 2008 the City of Saratoga and the Campbell Union High School District amended the Joint Use Agreement to
include additional sport fields at Prospect High School and extended the term of the agreement; and and WHEREAS, John Nolen took the lead with John Cherbone in developing these agreements
and made sports fields accessible to thousands of Saratoga children who otherwise would not have fields to play on; and WHEREAS, John Nolen was instrumental in creating a strong relationship
between the City of Saratoga and Prospect High School that goes beyond access to sport fields; and WHEREAS, because of John Nolen’s efforts, Saratoga City and Prospect High School work
in concert together on many issues including security of the school campus; and NOW, THEREFORE, THE CITY OF SARATOGA does hereby commend and thank John Nolen for his efforts in creating
a better community for Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 5th day of November, 2008. _______________________ Ann Waltonsmith, Mayor City of Saratoga
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SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DEPT
HEAD: Dave Anderson SUBJECT: Commendation Honoring Judith Sutton and Saratoga High School’s English Department for a Unique Creative Writing Program through Poetry RECOMMENDED ACTION:
Present commendation. REPORT SUMMARY: Attached is a commendation honoring Judith Sutton and Saratoga High School’s English Department for a Unique Creative Writing Program through Poetry.
Judith Sutton will be present to receive the commendation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING,
NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Copy of commendation 8
COMMENDATION BY THE CITY OF SARATOGA’S CITY COUNCIL HONORING JUDITH SUTTON AND SARATOGA HIGH SCHOOL’S ENGLISH DEPARTMENT FOR A UNIQUE CREATIVE WRITING PROGRAM THROUGH POETRY WHEREAS,
Saratoga High School has the only Creative Writing Program in California devoted exclusively to poetry; and WHEREAS, California Federation of Chaparral Poets, Inc, the oldest and largest
poetry organization in the California, believes that this Creative Writing Program through Poetry is the ONLY one in the USA; and WHEREAS, Saratoga High School believes that it produces
students with outstanding creative writing skills because of this unique program using the medium of poetry; and WHEREAS, Judith Sutton is the creative force behind the program, starting
it in 1999, after a set of parents urged then Principal of Saratoga High School, Dr Kevin Skelly, to reinstate the Creative Writing class under the auspices of the English Department;
and WHEREAS, Judith Sutton, was hired in 1969 to teach English at Los Gatos High School, then moved to Saratoga High School in 1970 to teach English, Speech, Drama; and WHEREAS, both
the Los Gatos/Saratoga Union High School District and Judith Sutton did not give up on producing a quality writing as art program, even though they suffered losses of state monies in
1978 due to the Jarvis-Gann State Proposition (Prop 13) with no creative writing class for 20 years; and WHEREAS, many of Judith Sutton’s poetry and creative writing students have secured
publication in national anthologies, won awards from the Olympiad of the Arts, Montalvo Center for the Arts, California State Poetry Society, California Federation of Chaparral Poets,
Inc, as well as scholarships from the National League of American Pen Women; and WHEREAS, Judith Sutton has continued to develop her own deep skills as a published poet and is honored
by the International Society of Poets, The National Authors Registry, National League of American Pen Women, and became the 2002 Poet of the Year; and WHEREAS, Judith Sutton, was mentored
by the famous poet, Diane di Prima, author of 48 poetry books and outstanding representative of the Beat Poets Generation. NOW, THEREFORE, BE IT RESOLVED, that the Saratoga City Council
does hereby commend the Saratoga High School English Department for its unique nine year writing through poetry program and extends to Judith Sutton, poet and mentor to our next generation
of creative writers, its utmost appreciation and thanks. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 5th day of November, 2008. _______________________ Ann Waltonsmith,
Mayor City of Saratoga 9
SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DEPT
HEAD: Dave Anderson SUBJECT: Presentation on Mission Green Earth – Stand Up, Take Action RECOMMENDED ACTION: Accept presentation. REPORT SUMMARY: Jo Hanna II, Instructor for Art of Living
Foundation, a non-governmental organization, will give a short presentation on Mission Green Earth – Stand Up, Take Action. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED
ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: N/A 10
SARATOGA CITY COUNCIL MEETING DATE: November 5, 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/Planning Commission Study Session Minutes – October 7, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for
the following: City Council/Planning Commission Fence Ordinance Study Session – October 7, 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 October 7, 2008 11
1 MINUTES CITY COUNCIL/PLANNING COMMISSION JOINT STUDY SESSION FENCE ORDINANCE OCTOBER 7, 2008 Mayor Waltonsmith called the Joint Study Session meeting to order at 5:30PM. ROLL CALL
PRESENT: Councilmembers: Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith Planning Commissioners: Yan Zhao, Linda Rodgers, Susie Nagpal, Robert Kundtz,
Joyce Hlava, Chair Manny Cappello ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk John Livingstone, Community Development Director
Chris Riordan, Senior Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2008 Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of October 7, 2008, was properly posted on September 29, 2008. COMMUNICATIONS FROM PUBLIC ON NON-AGENDIZED ITEMS None JOINT MEETING AGENDA ITEM: 1. Fence Ordinance
Study Session to Discuss Updates to Existing Regulations Regarding Fences Walls, and Hedges. Community Development Director John Livingstone presented the staff report and noted that
this is a fact-finding meeting where the City Council and Planning Commission could discuss the item and ask questions as well as receive input from members of the public attending the
meeting. Director Livingstone explained that the overall goals for the update to regulations for fences, walls, and hedges include establishing an exception process that would allow
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2 property owners to exceed the maximum permitted fence height by adding a 2-foot lattice to a six-foot fence and to clarify ambiguous language and areas of the code that are currently
difficult to enforce. Mayor Waltonsmith invited Manny Cappello, Planning Commission Chair, to provide a progress update of the Planning Commission meetings regarding updates to the Fence
Ordinance. Chair Cappello noted that the Planning Commission has reached an agreement on 90% of the updates to the fence ordinance; however, there are issues pending with elements specific
to the Hillside Districts. Chair Cappello indicated that the commissioners felt it is important to: o Preserve natural beauty of hillsides o Allow free movement of wild life by allowing
?? Split rail ?? Three–foot high fencing ?? Stone walls ?? Openings in fencing o Provide security for children and domestic animals o Identify property line Chair Cappello stated pending
issues involve: o Proposed fencing areas increased from 4,000 sq. ft. to 6,000 sq. ft. o o fencing beyond the 6,000 sq. ft. – allow free movement of wildlife o fence height – anything
beyond a three to four foot height will impede movement of wildlife o three-foot maximum fence height for front yards o allowance for periodic opening in fencing still interferes with
movement of wildlife o fencing around vineyards, orchards, horse corrals and sport courts There was discussion regarding the definition of an orchard, the difference between the Santa
Clara County fence ordinance versus the City of Saratoga, and fencing requirements around pools. Director Livingstone stated the definition of an orchard has to be determined, Santa
Clara County does not have a limit on enclosures, and the current fence ordinance does not address fencing around pools. Mayor Waltonsmith invited public comments. The following people
spoke on this item: John Purvis stated that he had sent an email to the Council, the Planning Commission and staff on August 13, 2008 regarding the fence ordinance and asked that it
be included in the record. Mr. Purvis noted several areas needed to be addressed such as: the definition of lattice versus fence, actual or finished grade of property, and height of
fence posts. In addition, he noted the lengthy process in addressing the fence ordinance updates has been frustrating and feels that the issues aren’t confined to just the hillsides.
[Mr. Purvis’ email was included in staff report]AS. 13
3 Kay Abelar voiced her concern regarding fences that are 25 years old or more and if they would be grandfathered into the new fence ordinance. She also questioned whether strands of
barbed wire on top of fences was permitted. James Johnston addressed the Council and Planning Commissioners regarding the gardening aspect in the hills and feels that gardening is an
activity or hobby that deserves the same consideration as vineyards in the hillside. Bruce Lafountain stated his property is in the hillside district surrounded by non-hillside districts
and that as a result of the different set of fencing rules his property endures a lot of the wildlife movement – including bobcats stalking his family while working in their garden.
In addition, he voiced his concerns regarding the safety and security of his family, the lengthy process of updating the fence ordinance and that the differences between the hillside
and the flatlands needs to be addressed. Balu Balakrishnan voiced his concerns regarding fence exceptions and that a lot of properties exceed the recommended two acres at 15% fencing
limitation and these properties should be grandfathered into the new ordinance. He also stated that 15-29.080 section (b) item number (3) (on page 10 of the attachment to the staff report)
was confusing and needed some clarification. Drew Perkins commented that the fence ordinance as it is written now is an improvement; however, he recommended that the word “hedges” be
more clearly defined and urged that hedges be restricted. He believes there is little difference between hedges and green fences and that hedges can restrict the view of the hillsides.
He added, if hedges are allowed they should be restricted to a certain height. Steve de Keczer stated he just planted 100 yards of hedges so that he could remove the very unattractive
old fence on his property once the hedges grew taller. He asked if his fence would be grandfathered into the new ordinance. He also noted the 3-foot high fence requirement should be
raised to a higher level. Mike Byrd stated he is currently building a home in the hillside area and that it is very difficult to fence the property, including the pool area, within the
4,000 square feet currently allowed. He noted even the proposed 6,000 square feet will be problematic and feels that the fencing area should be based on percentage of the lot size. He
also feels it is important to grandfather in existing fences and to allow property owners to improve their chain link fences by replacing them with something more attractive without
having to abide by the new ordinance. Martin Rossip stated he feels there should be fewer restrictions on fencing and that the restriction on the amount of square feet be removed. He
also feels people who would like to create wildlife corridors on their property should be allowed to do so and people who want to restrict wildlife movement on their property should
be allowed to do so. Mayor Waltonsmith closed the public comment. Mayor Waltonsmith noted there were several comments regarding the “grandfathering in” of old fences and asked if that
issue had been addressed by the Planning Commission. 14
4 Director Livingstone responded that it had been discussed and the Commission felt that the best option would be to create an exception process; if fences were legally established and
then if 50% or more of the fence falls down years later, the property owner will have to make the new replacement fence legal per existing code or apply for a fence exception process.
Councilmember King asked about the barbed wire on top of fences and if that was legal and if that would be grandfathered in. Director Livingstone replied that it has never been legal.
City Attorney Richard Taylor stated that when a complaint is filed, staff would have to ascertain when a fence was built and if it was legal when it was built. In addition, he noted
that the “grandfathering in” provisions in this new ordinance would not allow an illegal fence to continue to exist. He reiterated that if a fence was legal when it was built and 50%
or more fell down, it would have to be replaced according to the new code. Mayor Waltonsmith asked if there was more or less flexibility regarding new fencing requirements of the proposed
updates. Director Livingstone replied that overall there would be more flexibility with the new code than there was with the old code. Mayor Waltonsmith noted that during the public
comments, speakers voiced concerns regarding the struggle to provide safety and security for their families from wildlife and to also allow un-impeded movement of wildlife. Commissioner
Nagpal stated that this issue was a concern for the commission in wanting to preserve the rural character of the hillsides as well as recognizing the non-conformance of the enclosures
of the developed hillsides. Councilmember King asked about the fence post height issue raised by a resident. Chair Cappello clarified the “fence post” is actually a “pilaster” and that
it is allowed to go two feet above the fence height limit and in no case would a pilaster be allowed to exceed eight feet. There was continued discussion regarding: o the various types
of fences – hedges, chain link, or wood fences o the height of fences o grandfathering of fences o Fence Exceptions 15-29.080 section (b) item number (3) clarification o fencing around
pools City Attorney Taylor recommended staff review the proposed wording on 15-29.080 section (b) item number (3) Fence Exceptions and clarify the intent of the wording. Mayor Waltonsmith
stated that there are two objectives regarding this study session and that is to; 1) address the weak wording within the fence ordinance so that the code can successfully be defended
for legal purposes, and 2) the aesthetic, philosophical issues. 15
5 City Attorney Taylor explained the legal issue with the fence ordinance is the ambiguities in the existing fence ordinance that may cause difficulties for staff and residents that
have fence problems to communicate and to understand what the rules are as well as avoiding the legal expense in explaining the ambiguities to a hearing officer. He also noted there
are a number of small word changes that need to be addressed and the final proposal should then be viewed by the City Attorney. Mayor Waltonsmith invited each of the Council members
to present their views and provide input to the Planning Commission. Councilmember Hunter: o Has problems with the 6-foot fence and the 2-foot lattice added to it and would like property
owner and neighbor to agree with that choice. o Would like to add wording that wrought iron fences cannot include spikes on top in hillsides and flatlands o Has no problem with hedge
fences o Has no problem with 6,000 square feet around pool area and/or back yard o Would like some definitions of what constitutes an orchard Councilmember King: o Supports the 15% fencing
option o Very much into the practical side and doesn’t understand why you can’t fence unless you have a vineyard, sport courts, or garden o Should allow residents that have bigger lots
to put in more fencing o Agrees with allowing the 2-foot lattice o Is okay with the 8-foot fence, but both sides of the property should agree; should also apply to hedges o Agrees
that both hillsides and flatlands need to be updated Councilmember Kao: o Believes hillsides and flatlands need to be addressed individually o Front yard fencing on large lot needs
to be different than on a small lot o Wrought iron fences on several small lots would create a prison feeling – need variation o Was undecided on hillside fencing limits Vice Mayor Page:
o Supports 15% fencing – should look at the lot and see what is involved o Is fine with 6-foot fence plus 2-foot lattice o Feels most wildlife travels along creek bed corridors o Doesn’t
feel that it would be appropriate to grant fencing to every area of the property o Include some limitations – but consider some factors other than just square footage o Separate the
different issues from the hillsides and the flatlands Mayor Waltonsmith: o Concerned about the increased use of fences and bigger fenced in areas o Prefers openness of the hillsides
with views o Wrought iron without the spikes on top is a little more appealing o Black metal is more appealing versus the bright metal 16
6 o Would agree to the 6,000 square feet of fencing o Opposes the 15% percentage -feels it will change the rural look of Saratoga o Natural beauty is important and wildlife in the hills
is what Saratoga is about o If we are going to go to the suburban look by encasing the hillsides in fences, that is a philosophical discussion that will have to be done at a larger level
o Security for children and domestic animals is an issue, however, we can’t build a fence high enough or deep enough to keep wild animals out o Consider the idea of building a double
mesh-type fence to keep deer out o Consider planting native trees and plants that deer won’t want to eat o If you are considering having larger areas for residents that have orchards
and vineyards, then those residents should be required to have a business license The Planning Commissioners asked if they should continue working on the fence ordinance as a whole and
try to reach a conclusion on the hillside issues or go with the proposed changes that have been agreed on regarding the flatland areas and come back at a later date to discuss the hillside
district. City Attorney Richard Taylor stated the proposed changes the Commission has made to the flatland areas has come a long way and noted the hillside district already has special
rules regarding fence requirements, and additional proposed changes would be necessary to make the hillsides and flatlands fit together in one updated ordinance. City Manager Dave Anderson
stated that with the pressure of all the other ordinances that have to be addressed feels it would be difficult to get back to this ordinance if they split it at this point. Council’s
recommendation to the Planning Commission was to: 1) go back and hold at least one additional meeting, 2) take public testimony, 3) work out the details regarding the maximum fence square
footage, orchards and vineyards, front yard fencing exception process option, and send it on to Council. Recommendation passed 5-0. The fence ordinance will be discussed again at the
next Planning Commission meeting on November 12th and it was noted that signage will again be used to inform residents of the meeting. Mayor Waltonsmith adjourned the Study Session at
7:45 PM. Respectfully submitted by: Ann Sullivan, CMC Acting City Clerk 17
SARATOGA CITY COUNCIL MEETING DATE: November 5, 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 – October 15, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – October 15, 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 October 15, 2008 18
MINUTES SARATOGA CITY COUNCIL MEETING OCTOBER 15, 2008 Mayor Ann Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL
PRESENT: Councilmembers Aileen Kao, Jill Hunter, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City
Attorney Abby Ayende, Acting City Clerk John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Recreation Director REPORT OF CITY CLERK
ON POSTING OF AGENDA Abby Ayende, Acting City Clerk, reported that (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on October 10, 2008. ORAL COMMUNICATIONS
ON NON-AGENDIZED ITEMS Mary Guth addressed the Council regarding the potential use of some available space once a year at the North Campus to display art for non-profit groups. Debbie
Chiu addressed the Council regarding her concerns over the location of the proposed public restroom at Kevin Moran Park and the size of the restroom. She noted the restroom will be facing
their garage. Tom Chiu spoke to the Council regarding the size and location of the public restroom at Kevin Moran Park and that the restroom faces his garage. COUNCIL DIRECTION TO STAFF
Vice Mayor Page noted that he had spoken to Public Works Director John Cherbone earlier regarding the restroom concerns voiced by Debbie and Tom Chiu. Director Cherbone was present to
add to Vice Mayor Page’s comment and noted that he sent an email to the Chiu’s stating that he would be able to reduce the footprint of the restroom by pushing the building back from
the proposed location, reduce the size of the building, and install screening. He also noted for security purposes the building has to be visible to Sheriff’s Deputies from the street.
Mayor Waltonsmith encouraged speaker Mary Guth to work with Recreation Director Michael Taylor regarding her interest in using space at the North Campus for an art display once a year.
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2 COMMUNICATIONSFROM COMMISSIONS & PUBLIC The scheduled Joint Meeting with the Saratoga Union High School District was cancelled. ANNOUNCEMENTS Councilmember Hunter: Witchy-Walk-About
in the Village on October 25th from 2:00 to 4:00PM. Vice Mayor Page: Last day to register to vote is October 20th and people can pick up registration forms at the Registrar of Voters
Office or at the Saratoga Library. Mayor Waltonsmith: “Joe’s Trail” Ground Breaking Ceremony at 3:30PM on October 24th next to the railroad tracks on Saratoga/Sunnyvale Road in Saratoga.
Mayor Waltonsmith also asked the residents to check in with their senior neighbors during this economic difficulty and the upcoming cold weather. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS
None CONSENT CALENDAR 1. City Council Minutes -October 1, 2008 STAFF RECOMMENDATION: Approve minutes. KING/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES OF OCTOBER 1, 2008. MOTION PASSED
5-0-0. 2. Review of Accounts Payable Registers STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: September 25, 2008 October 2, 2008
KING/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES SEPTEMBER 25, 2008 AND OCTOBER 2, 2008. MOTION PASSED 5-0-0. 3. Treasurer's Report for the Month Ended June 30,
2008 STAFF RECOMMENDATION: The City Council review and accept the Treasurer's Report for the month ended June 30, 2008. 20
3 KING/PAGE MOVED TO ACCEPT TREASURER’S REPORT FOR MONTH ENDED JUNE 30, 2008. MOTION PASSED 5-0-0. 4. 2006 Annual Concrete Project -Notice of Completion STAFF RECOMMENDATION: Move to
accept the 2006 Annual Concrete Project as complete and authorize staff to record the Notice of Completion for the construction contract. KING/PAGE MOVED TO ACCEPT THE 2006 ANNUAL CONCRETE
PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0. 5. Final Map Approval for Two Lots Located at 12651 Saratoga
Avenue. Owner: John Saich STAFF RECOMMENDATION: 1. Move to adopt Resolution granting final map approval of tentative map application No. SUB 07-0002 for two lots located at 12651 Saratoga
Avenue. RESOLUTION 08-067 KING/PAGE MOVED TO ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 07-0002 FOR TWO LOTS LOCATED AT 12651 SARATOGA AVENUE.
MOTION PASSED 5-0-0. 6. Resolution in Support of Measure A STAFF RECOMMENDATION: Adopt resolution. RESOLUTION 08-065 KING/PAGE MOVED TO ADOPT RESOLUTION IN SUPPORT OF MEASURE A. MOTION
PASSED 5-0-0. 7. Resolution in Support of Proposition 1 -High Speed Rail Bond STAFF RECOMMENDATION: Adopt resolution. Councilmember Kao removed this item for discussion. She noted this
proposed high speed rail would go between San Francisco and Los Angeles and asked how this project would impact the area of Santa Clara County. City Manager Dave Anderson stated there
were several proposed routes and the route that goes through Santa Clara County won the competition. Noting the local businesses and elected officials were in support of this as it would
be an economic benefit as well as a major public transportation system connecting the major metro areas. He noted the Santa Clara County Cities Association recommended that the 21
4 member cities each support this to show solidarity and support for the successful routing through Santa Clara County. RESOLUTION 08-066 KAO/KING MOVED TO ADOPT RESOLUTION IN SUPORT
OF PROPOSITION 1 – HIGH SPEED RAIL. MOTION PASSED 5-0-0. 8. Resolution Amending Council Agency & Adhoc Assignments STAFF RECOMMENDATION: Adopt Resolution Amending Council Agency and
Adhoc Committee Liaison Assignments RESOLUTION 08-064 KING/PAGE MOVED TO ADOPT RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS. MOTION PASSED 5-0-0. PUBLIC
HEARINGS 9. Amendment to the Circulation and Scenic Highway Element of the City of Saratoga General Plan STAFF RECOMMENDATION: Conduct a public hearing and adopt attached resolution
amending the Circulation and Scenic Highway Element of the City of Saratoga’s General Plan to implement the recommendation of the Traffic Safety Commission and Planning Commission. City
Attorney Richard Taylor presented the staff report. There was discussion regarding bicycle safety on areas areas of Mount Eden Road, Pierce Road, and Big Basin Way and the de-classification
of Class III on these three roads. Public Works Director John Cherbone and Traffic Engineer Sohrab Rashid were present to answer questions. Mayor Waltonsmith opened the public hearing
for comment. The following people requested to speak on this item: Herman Wadler stated he did not feel the specific routes in question were unsafe and opposes the decertification of
these three bike routes. Ray Cosyn, member of the City of Saratoga Bike and Trails Committee, addressed the Council in opposition of decertification of these three bike routes. Jim Stallman,
representative of the VTA Bicycle Advisory Committee and member of the Saratoga Bike and Trails Committee, spoke in opposition to the decertification of these bike routes. 22
5 Aaron Faupell spoke in opposition to the decertification of these bike routes. David Marsland spoke in opposition to the decertification of these bike routes. Rusty Greer spoke in
opposition to the decertification of these bike routes. Mayor Waltonsmith closed the public hearing for comment. Councilmember King was in support of decertification of these three bike
routes. Vice Mayor Page was in support of decertification of these three bike routes. Councilmember Hunter opposes the bike route decertification at this time and would like more research
and options made available. Councilmember Kao opposes the bike route decertification at this time and would like to see additional options. Mayor Waltonsmith opposes the bike route decertification
at this time and would like staff to do more research and provide additional options. PAGE/KAO MOVED THAT STAFF AND PEDESTRIAN, EQUESTRIAN AND BICYCLE ADVISORY COMMITTEE BE DIRECTED
TO INVESTIGATE ALTERNATIVE APPROACHES AND BRING RECOMMENDATIONS BACK TO THE CITY COUNCIL. MOTION PASSED 5-0-0. OLD BUSINESS 10. Review of the Heritage Preservation Commission’s Proposed
Design for the Heritage Orchard Sign STAFF RECOMMENDATION: Review the proposed design for the Heritage Orchard Sign and direct Staff accordingly. Council continued this item to the November
5, 2008 council meeting. NEW BUSINESS 11. One-Year Review of Motor Vehicle (MV) Resolution Establishing “No Parking or Stopping” Along a Portion of Herriman Avenue STAFF RECOMMENDATION:
Receive report and provide direction to staff Public Works Director John Cherbone presented the staff report. Mayor Waltonsmith invited public comment. The following people requested
to speak on this item: 23
6 Ray Glasstone addressed the council regarding his concerns with vehicular speeding, sidewalk, and bicycle lane safety issues on Herriman Avenue; and does not support the continuation
of the reconfigured Herriman Avenue. Carol Glasstone noted the speeding issue on Herriman Avenue and does not support the continuation of the reconfigured Herriman Avenue. Susan Horn
addressed the Council regarding the walkway, crosswalk and speeding issue. She recommended that Herriman Avenue be returned to its original design. Joe Fanali spoke about the unsafe
entrance onto Herriman from Beaumont Avenue and feels the new configuration on Herriman Avenue is less safe than it was prior to the reconfiguration. Susan Cox commented about the restricted
parking on Herriman Avenue, the speeding issue and does not support the continuation of the reconfigured Herriman Avenue Ruth Fanali stated she was not happy with the reconfiguration
of Herriman Avenue and suggested installing a stop sign on Beaumont Avenue. She supports returning returning Herriman Avenue to its original design. Howard Miller suggested that the
curbs that were installed be re-addressed and the parking issue be looked into. He also suggested the speeding issue be addressed. Carl Dcosta stated the speeding issue needs to be addressed
and that the residents living on Herriman Avenue should be included in the studies regarding reconfiguration of Herriman. Olivia Dcosta stated it is very unsafe to stop in front of their
home or exit their driveway because of speeding traffic. She would like a bike study done on Herriman to see how many bicyclists use the bike lane and supports returning Herriman to
its original design. Phoebe Chang spoke about the speeding and no parking issue and supports returning Herriman to its original design. Marilyn Foust addressed the Council regarding
the speeding issue and cars driving in the bike lane. She also noted the postal delivery person asked her to move her mail box because of the unsafe parking condition on the street.
Cyndi Cheng noted that Herriman Avenue is too narrow to have parking along the street. She and her husband do support keeping the bicycle and pedestrian lanes on Herriman and raising
the pavement levels to make the walkway and bike lanes safe for school students. Katherine Tseng thanked the Council for the bike and pedestrian lanes and encourages more people to go
green by biking and walking more. [In addition, there were 21 emails from citizens that were provided to the Council prior to discussion of this item; 18 emails were in support of the
current 24
7 configuration on Herriman Avenue – with several requests to address the speeding issue; and 3 emails were in opposition to the current configuration of Herriman Avenue.] Mayor Waltonsmith
closed the public comment. There was discussion by Council regarding stop signs on Beaumont Road, speed bumps, parking issues, use of traffic cones to permit parking by service vehicles
on, and funding for the proposed safety improvements. Traffic Engineer Rashid stated they would take a more specific look at the Beaumont intersection. Director Cherbone noted speeding
on Herriman Avenue is an issue and needs to be addressed. Council agreed to leave Herriman Avenue in its current configuration and directed staff to raise the crosswalk at Lexington
Court, fill in the new walkway section with asphalt to create a “level raised walkway” and perform other minor improvements and maintenance work regarding tripping hazards. ADHOC & AGENCY
ASSIGNMENT REPORTS Mayor Ann Waltonsmith – reported: Comprehensive County Expressway Planning Study Advisory Board (PAB) – will be contacting each city shortly regarding the final product.
SASCC – appeal letter for donations will be going out shortly. West Valley Mayors and Managers Association -meets next week. Sister City Liaison – will be celebrating their 25th anniversary
next fall. Vice Mayor Chuck Page – reported: Chamber of Commerce – attended Board meeting. Hakone Executive Board – will meet on Friday, October 17th. West Valley Sanitation District
– large numbers of people visiting the water treatment plant in San Jose; Quito Basin 7 project starting soon and bids will be going out shortly for Quito Basin 8. Village AdHoc – Village
holiday banner has been approved and it will say “Stop, Shop and Savor Saratoga” and will note the Village, Argonaut, El Quito, and the Gateway shopping areas. Valley Transportation
Authority PAC – Jim Lawson will do a presentation at an upcoming Council meeting regarding the Governance program. Councilmember Kathleen King – reported: Peninsula Division, League
of California Cities – has appointed a new Executive Director. The 2008 holiday dinner will be held in Gilroy. Santa Clara County Cities Association – Cities of Palo Alto and San Jose
moving forward with ban on use of plastic bags. State has passed resolution requiring restaurant chains of 20 or more to post caloric content on menus. City School AdHoc – complaint
registered with the Sheriff’s Office regarding the PA system noise at Saratoga High School and it was discovered that the volume was turned to a higher level than was permitted. 25
8 Councilmember Jill Hunter – reported: Historic Foundation – is currently displaying a World War II exhibit. Arcadia Books will be presenting a book in February about the history of
Saratoga written by Katie Alexander and April Halberstadt. KSAR-is considering filming the Saratoga football games. Volunteers needed to help out at KSAR. Councilmember Aileen Kao –
reported: Airport Land Use Committee – meets on October 22, 2008. CITY COUNCIL ITEMS Councilmember King stated there is a possibility that she won’t be able to attend the November 5th
Council meeting. CITY MANAGER’S REPORT City Manager Dave Anderson noted the Sanitary District Executive Director assured him that the brick pavement on Austin Way will not be affected
by an upcoming sewer project. ADJOURNMENT There being no further business meeting was adjourned at 10:45PM. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 26
Dave Anderson Melanie Whittaker Mary Furey RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: October
9, 2008 October 16, 2008 October 23, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 10/09/08 110602 110647 46 91,985.86 10/09/08 10/02/08 110601 10/16/08
110648 110693 46 474,421.59 10/16/08 10/09/08 110644 10/23/08 110694 110745 52 373,091.88 10/23/08 10/16/08 110693 AP Date Check No . Issued to Dept. Amount 10/09/08 110610 Recreation
12,471.48 10/09/08 110629 Public Works 16,956.14 10/09/08 110630 Recreation 10,141.04 10/09/08 110646 Public Works 12,330.76 10/16/08 110656 Public Works 28,998.00 10/16/08 110668 General
331,940.08 10/16/08 110674 Various 16,216.61 10/16/08 110690 Various 10,320.42 10/23/08 110713 Public Works 62,998.95 10/23/08 110742 Various 30,698.59 10/23/08 110746 Public Works 190,000.00
US Bank Purchasing Card Program Various Cal Card Monthly Billing G Bortolotto & Co Parks Parks County of Santa Clara -Office of the Sheriff General Law Enforcement -Monthly Service Pacific
Gas & Electric Various Monthly Gas & Electric Services SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: PREPARED
BY: DEPT. DIRECTOR: 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
CRW Industries Facilities N Campus Improvement MPA Design Inc Parks Final Plans -K Moran Park Musical Me General Instructor Payments Town of Los Gatos Streets HWY 9 Safety Program Gachina
Landscape Various Landscape Maintenance Sara-Sunnyvale Rd Streets Project Complete -Retention paid Shute Mihaly Various Monthly Services -Legal Fees /City Attorney /Lititagation State
Treasurer's Office Purchase of easement for Joe's Trail from PG&E 27
The following are Accounts Payable checks that were voided or manually issued: AP Date Check No . Issued to Amount 10/9/2008 10/16/2008 10/23/2008 110511 (1,120.00) The following is
a list of cash reduction by fund: Fund # AP 10/09 AP 10/16 AP 10/23 Total 111 General 34,391.90 437,474.76 67,710.00 539,576.66 231 Village Lighting 2,188.16 11,640.66 13,828.82 232
Azule Lighting 2 18.76 (563.54) ( 344.78) 233 Sarahills Lighting 2 44.10 (380.15) ( 136.05) 241 Arroyo de Saratoga Landscape 2 55.00 1 63.38 418.38 242 Bonnet Way Landscape 3 81.00 3
85.22 766.22 243 Carnelian Glen -244 Cunningham/Glasgow Landscape 4 35.00 1 85.76 620.76 245 Ferdericksburg Landscape 3 96.00 2 9.01 425.01 246 Greenbriar Landscape 6 60.00 2 30.86 890.86
247 Kerwin Ranch Landscape 1,020.00 1,020.00 248 Leutar Court Landscape 2 55.00 6 0.47 315.47 249 Manor Drive Landscape 4 80.00 480.00 251 McCartysville Landscape 6 62.74 3 12.64 975.38
252 Prides Crossing Landscape 1,381.50 3 67.50 1,749.00 253 Saratoga Legends Landscape -254 Sunland Park Landscape 1,020.00 1,020.00 255 Tricia Woods Landscape 1 19.87 5 3.93 173.80
271 Beauchamps Landscape 3 04.85 304.85 272 Bellgrove Landscape 6,334.63 5 ,378.57 11,713.20 273 Gateway Landscape 8 49.60 5 70.45 1,420.05 274 Horseshoe Landscape/Lighting 8 .58 8 .58
275 Quito Lighting 1,059.88 (547.64) 512.24 276 Tollgate LLD 5 44.12 544.12 277 Village Commercial Landscape -311 Library Bond Debt Service -411 CIP Street Projects 12,330.76 69,730.80
82,061.56 412 CIP Parks Projects 17,324.28 5 22.10 1 ,168.40 19,014.78 413 CIP Facility Projects 12,471.48 7 50.00 13,221.48 414 CIP Admin Projects 3 ,284.66 3,284.66 421 Tree Fine Fund
4,219.15 4,219.15 431 Grant Fund -CIP Streets 194,063.03 194,063.03 481 Gas Tax Fund 181.97 181.97 611 Liability/Risk Mgt 8 39.32 839.32 612 Workers' Comp -621 Office Stores Fund 4 68.29
9 13.30 1,381.59 622 Information Technology 1,818.39 5 35.54 5 ,504.61 7,858.54 623 Vehicle & Equimpent Maint 3,404.88 1 19.03 1 ,790.16 5,314.07 624 Building Maintenance 219.46 14,893.76
3 ,344.81 18,458.03 631 5,623.59 7 ,694.99 13,318.58 632 --91,985.86 474,421.59 373,091.88 939,499.33 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format (None) Description Cutler, Mitch Void -Lost in mail; reissue on (None) Fund Description Vehicle &
Equipment Replacement IT Equipment Replacement TOTAL 28
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SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer
Public Works SUBJECT: Subdivision Improvement Agreement Extension – Mendelsohn Lane RECOMMENDED ACTION: 1. Approve Amendment to the Subdivision Improvement Agreement between David Cheng
and the City of Saratoga. 2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment. REPORT SUMMARY: In August 2006, the City Council approved a three-lot
subdivision located at 20045 Mendelsohn Lane (Application No. SD-03-112) and authorized the City Manager to execute a Subdivision Improvement Agreement (Agreement). Per Paragraph 4 of
the Agreement, all improvements were required to be completed within one year from the subdivision approval or within three extensions up to 180 days each granted by the Director of
Public Works. Any further extensions require the City Council to amend the Agreement. All three time extensions were granted extending the Agreement until February 28, 2009. Mr. David
Cheng, the owner, is requesting additional two-year extension. His formal request is attached. Mr. Cheng supports his request by citing economy downturn and other issues that have burdened
the development. There are no public hazards on Mendelsohn Lane related to the unfinished construction. It is therefore recommended the City Council approve the amendment to the Subdivision
Improvement Agreement granting the extension for the requested amount of time. The new expiration date of the Agreement will be February 28, 2011. FISCAL IMPACTS: None. CONSEQUENCES
OF NOT FOLLOWING RECOMMENDED ACTION: The Subdivision Improvement Agreement Amendment will not be executed. Page 1 of 2 46
Page 2 of 2 ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The Subdivision Improvement Agreement Amendment shall be executed and recorded with the County. ADVERTISING,
NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Extension Request Letter 2. Subdivision Improvement Agreement Amendment 3. Subdivision Improvement Agreement 47
48
RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE AMENDMENT
TO SUBDIVISION IMPROVEMENT AGREEMENT WHEREAS, the CITY OF SARATOGA (hereinafter referred to as “City”) and David Cheng-Yi Cheng and June Teh-Chiung Cheng (hereinafter referred to as
“Owner and Subdivider”) have entered into a certain Subdivision Improvement Agreement dated August 2, 2006, concerning development of the property known as Assessor’s Parcel Number 517-21-004
and subdivided into three parcels which said subdivision was duly approved by City by Resolution Number 06-066 dated August 2, 2006 (Application SD-03-112). WHEREAS, the Subdivision
Improvement Agreement provides in paragraph 4.a that all required on-site and off-site improvements shall be complete to the satisfaction of the Director of Public Works within one year
from the date of City’s approval of subject subdivision; and WHEREAS, the Subdivision Improvement Agreement provides in paragraph 4.c that the Director of Public Works may allow up to
three extensions of this Agreement of up to 180 days each, provided that all requirements under this Agreement or imposed by law are met by Developer; and WHEREAS, the Subdivision Improvement
Agreement provides further in paragraph 4.c that any further extension requires amendment and approval of this Agreement by the City Council; and WHEREAS, the construction of required
subdivision improvements has not been completed at this time and all three 180-day time extensions were granted by the Public Works Director extending the Subdivision Improvement Agreement
until February 28, 2009; and WHEREAS, the parties seek to amend this Agreement to extend the Subdivision Improvement Agreement by three years until February 28, 2011. NOW THEREFORE,
the undersigned parties hereby agree to amend the Subdivision Improvement Agreement as follows: Paragraph 4.a: 49
As approved by the City Council, all required on-site and off-site improvements shall be complete to the satisfaction of the Director of Public Works prior to issuance of the final inspection
approval for any structure built on any parcel within the subject subdivision by February 28, 2011. Except as herein modified, the Subdivision Improvement Agreement is declared to be
in full force and effect. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on __________, 2___. ______________________________ David Cheng-Yi Cheng and
June Teh-Chiung Cheng Date___________________ Owner and Subdivider Date___________________ City By: __________________________ Dave Anderson City Manager Attest By: __________________________
Ann Sullivan Acting City Clerk INSTRUCTIONS This Agreement shall be recorded.
Owner(s) and Subdivider(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to 50
be recorded (California Civil Code §1169, et seq.) ACKNOWLEDGEMENT STATE OF CALIFORNIA _____________________________) COUNTY OF _______________________________________) On ___________,
2___, before me, _____________________________________, personally appeared ______________________________________, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity as Subdivider, and that
by his/her signature on the instrument, the person, or the entity on behalf of which the person acted, executed the instrument. Witness my hand and official seal. Signature __________________________
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SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works
Analyst SUBJECT: Motor Vehicle (MV) Resolution authorizing No Parking or Stopping RECOMMENDED ACTIONS: Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping”
on Stoneridge Drive REPORT SUMMARY: The City was contacted by the Homeowners Association regarding safety concerns on Stoneridge Drive. When cars are parked on both sides of the road,
traffic flow is constricted to a single lane. Responding to the request, the item was heard at the June 12, 2008 Traffic Safety Commission (TSC) meeting. The TSC and the Traffic Engineer
recommend that parking be restricted on the east side (residential side) of Stoneridge Drive. All residents on Stoneridge Drive were sent a letter informing them of the proposed restriction.
The City received many calls and emails in which the majority of residents were supportive of the new parking restriction. The residents did request that the City install signs instead
of painting the curb red. In order to enforce the new signs, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250
in labor and materials is required for the City to post signs. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED
ACTION: The MV Resolution would not be adopted and traffic conditions would continue as is. ALTERNATIVE ACTION(S): None. Page 1 of 2 89
Page 2 of 2 FOLLOW UP ACTION(S): The signs will be posted and the Sheriff’s Office will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: A letter was sent
to all residents on Stoneridge Drive notifying them of the proposed parking restriction. ATTACHMENTS: 1. Memo from Fehr & Peers 2. Motor Vehicle Resolution 3. Map 4. Letters from residents
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! ! ! "#$ % & "' ( MEMORANDUM Date: October 22, 2008 To: John Cherbone, Public Works Director, City of Saratoga From: Franziska Church/Sohrab Rashid Subject: Review of On-Street Parking
on Stoneridge Drive, Saratoga, California 1025-446-1 Fehr & Peers has completed an evaluation of parking concerns on Stoneridge Drive in Saratoga, California. The Saratoga Oaks Homeowners
Association (HOA) brought this item to the attention of the Saratoga Traffic Safety Commission (TSC) at the June 12, 2008 meeting. After review of the item and input from Fehr & Peers,
the TSC recommended prohibiting parking on the east side of Stoneridge Drive. This memorandum addresses our recommendation for parking restriction on Stoneridge Drive. Stoneridge Drive
is a north-south, two-lane local roadway that runs along the western edge of the Saratoga Oaks residential community located northwest of the Saratoga Village area off of Big Basin Way/State
Route (SR) 9. Residential units with driveways front the east side of the Stoneridge Drive, while the west side is fronted by vegetation. Currently, parking is restricted on the southern
end of Stoneridge Drive from the curve that connects to Sycamore Grove for approximately 75 feet. In this section Stoneridge Drive has a double yellow center line to guide vehicles around
the curve and the curb is painted red on the west side of the roadway (see picture at left). Vehicles can legally park in unmarked parking spaces on a roadway as long as the parked vehicle
does not force traveling vehicles to cross the double yellow center line. Stoneridge Drive is approximately 20 feet wide and any vehicle parking on either side of the road in this segment
would force traveling vehicles to cross the double yellow line; therefore on-street parking is prohibited on both sides of the roadway in this segment of Stoneridge Drive regardless
of whether the curb is painted red or not. North of the first 75-foot segment, Stoneridge Drive does not have a double yellow center line and parking is currently not restricted. Based
on field observations and information presented by the HOA, vehicles park on either side of the roadway, effectively narrowing the roadway to one lane (see picture to the right). Given
the relatively low volumes on this road opposing vehicles can find spaces to pull over and allow opposing traffic pass. However, visibility is limited when vehicles are parked on both
sides of the roadway, especially for drivers in vehicles exiting the driveways on the east side of the street. To improve visibility, we recommend that parking be prohibited on the east
side (residential side) of the roadway (see picture at right). Restricting parking on the east side of Stoneridge Drive minimizes the number of parking spaces to be removed, since driveways
along the east side of the 91
road already limit the number of parking spaces, while vehicles can park along the entire length of the west side of Stoneridge Drive. With the exception of the three homes furthest
to the south in front of the double yellow center line, all homes will be able to park in front of their home on west side of the roadway. It is not recommended that the length of the
double yellow line be shortened. Because Stoneridge Drive includes a 90-degree turn at the south end of the road, the double yellow line helps guide vehicles around the corner and separates
two-way traffic. 92
RESOLUTION NO. MV-______ RESOLUTION PARKING RESTRICTION ON STONERIDGE DRIVE 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 Stoneridge Drive in the location specified below: NAME OF STREET LOCATION RESTRICTION Stoneridge Drive Starting at the
northeast edge of Stoneridge Drive and continuing south for six hundred and ninety feet (690 ft.). No Parking or Stopping Anytime II. All prior resolutions and 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 5th day of November, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________
Ann Sullivan, Acting City Clerk 93
STONERIDGE DRIVE ± Stoneridge Drive Prosposed Parking Restriction Proposed Red Curb 94
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SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative
Analyst II Assistant City Manager SUBJECT: Agreement with Civica Software for Website Design and Hosting RECOMMENDED ACTION: Accept report and approve agreement with Civica Software
for website design and hosting. BACKGROUND: At the October 1, 2008 City Council meeting, staff was directed to enter into an agreement with Civica Software to redesign and host the City’s
website. The entire project is estimated to take approximately 16-17 weeks to complete from execution of the agreement. The total project cost is $46,790 and hosting services will be
an additional $1,800 per year. The agreement with Civica provides for design of a new website, integration of a content management system that will be used to update website content,
staff training on use of the content management system, special features that will make it it easier for residents to find information or carry out city-related business (including email
subscriptions, staff directory, forms, and news and announcements), and migration of the old website content to the new website design. To ensure the new website resonates with the community,
both a Wesiteb Design Team and Website Advisory Group will be created. Website Design Team: Members of the Website Design Team will include three City staff members and four members
of the public representing different stakeholder groups in Saratoga (business, residents, schools, and at large). The Website Design Team will be responsible for working directly with
Civica to refine goals for the website and give direction during the initial design phase of the project. Website Advisory Group: Members of the Website Advisory Group will be volunteers
from the public staffed by the City. A notice informing the residents of the volunteer opportunity will be posted on the City website and sent to local media. Page 1 of 3 104
The Website Advisory Group will be involved in the Consultant/Design Phase of the website design project and will mirror the progress of the Web Design Team that works directly with
Civica. Questions on each stage of the Consultant/Design Phase will be emailed to members of the Website Advisory Group and members will be asked to respond before a specified deadline.
These responses will give the Web Design Team a clearer understanding of the public’s perspective when making decisions. In order to create an efficient and seamless process, communications
to and from members of Website Advisory Group will be sent electronically. A special City email address will be used to send information to and receive input from members of the Website
Advisory Group. The Website Advisory Group will not physically hold meetings, as recommendations from the Group will be based on the individual experiences of each Group member as a
website visitor. Input from Group members will be considered and discussed at meetings of the Website Design Team. With the support of the Website Advisory Committee, the Web Design
Team and Civica will work together to create three conceptual designs of the homepage and a secondary page. These designs will be presented to the City Council for final selection. After
the final design selection, Civica will refine the homepage design and then start working on development and deployment of the City’s website, which includes development of the content
management system, staff training, content migration from the old website, and testing of the new website. Total Project Timeline: 16 – 17 weeks Consultant/Design Phase: 6 weeks Graphics
Finalization Phase: 1 week Development/Engineering Phase: 9 – 10 weeks FISCAL IMPACTS: During the May 7, 2008 City Council Meeting, $50,000 was allocated in the City’s budget to redesign
the City of Saratoga website. The total project cost is $46,790 and hosting services will be an additional $1,800 per year. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The
City will not move forward with an agreement for web design and hosting services with Civica Software. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING,
NOTICING AND PUBLIC CONTACT: Page 2 of 3 105
Page 3 of 3 Nothing additional. ATTACHMENTS: Attachment A: Agreement with Civica Software for website design and hosting 106
CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Pixelpushers,
Inc DBA Civica Software, a California Corporation, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product
described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide
the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree
as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope
of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from
the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on November 6, 2008, and extends through November 6 , 2009 or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit
D at all times. Page 1 of 25 107
3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in
Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all
billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor
uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish
all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed
in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit
D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control
insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and
made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Crystal Morrow, Administrative Analyst II. The Administrator has complete
authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and
other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms
of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to
have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the
address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or Page 2 of 25 108
communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy
notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other
address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until
specified otherwise in writing: Notices to Contractor shall be sent to: Pixelpushers, Inc DBA Civica Software 20101 SW Birch St, #250 Newport Beach, CA 92660 Notices to City shall be
sent to: Crystal Morrow City Manager’s Office City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga
13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's
completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein, and that no Page 3 of 25 109
other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ________________________________ Date: _________________
Print Name: _________________________ Position: ____________________________ CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________
Name: _______________________________ Title: _______________________________ APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney Attachments
Exhibit A --Scope of Work Exhibit B --Contract Payment and Reporting Schedule Exhibit C --Facilities and Equipment Exhibit D --General Provisions Exhibit E --Insurance Requirements Page
4 of 25 110
EXHIBIT A SCOPE OF WORK The entire project will take 16-17 weeks from execution of agreement. CONSULTANT /DESIGN PHASE Formation of Web Design Team A Web Design Team will be created
to help Civica create a website that reflects the unique character of Saratoga and offers the functionality desired by website visitors. Members of the Web Design Team will include three
City staff members and four members of the public selected by City staff to represent different stakeholder groups in Saratoga (business, residents, schools, and at large). This Web
Design Team will work directly with Civica. Formation of Website Advisory Group To ensure the new City of Saratoga website resonates with the public, City staff will form a Website Advisory
Group that will provide the Web Design Team with recommendations during the Consultant/Design Phase. Members of the Website Advisory Group will be volunteers from the public. A notice
informing the residents of the volunteer opportunity will be posted on the City website and sent to local media. City staff will be responsible for all interactions with the Website
Advisory Group. Input from the Group will be provided to the Website Design Team and the Team will consider that input in providing direction to Civica. The Website Advisory Group will
be involved in the Consultant/Design Phase of the website design project and will mirror the progress of the Web Design Team that works directly with Civica. Questions on each stage
of the Consultant/Design Phase will be emailed to members of the Website Advisory Group by City staff and Group members will be asked to respond before a specified deadline. These responses
will give the Web Design Team a clearer understanding of the public’s perspective when making decisions. Additionally, the Website Advisory Group will have access to the secured development
Website to track conceptual designs and website progress. Communications to and from members of Website Advisory Group will be sent electronically. A special City email address will
be used to send information to the Website Advisory Group members and receive input from members of the Group. The Website Advisory Group will not hold any meetings, as input from the
Group will be based on the individual experiences of each Group member as a website visitor. Input from Group members will be considered and discussed at meetings of the Website Design
Team. Page 5 of 25 111
Initial Organization Meeting Civica consultants will meet with representatives from all City departments, representatives from the City Council, and members of the Web Design Team to
seek input pertaining to the structure of the new web site. This will provide an open forum, for all departments, to express ideas for improving the city’s web site. Prior to the initial
organization meeting City staff will seek similar input from the Website Advisory Group and report back to the Web Design Team with the results. Progress Meeting Civica consultants will
meet with the Web Design Team to better understand the new and unique City of Saratoga image that we wish to communicate to our constituents. Civica will discuss with the team all services
that the City offers and jointly document the departmental structure that will exist to manage the content on the site. This will lead to the development of the navigation structure
schematic. Prior to this progress meeting City staff will seek similar input from the Website Advisory Group and report back to the Web Design Team with the results. Civica will set
up a development Website accessible to designated City staff and the Website Advisory Group, where all design updates for the new site will be posted for review. Conceptual Design Meeting
# 1 Civica will discuss the designs with the Web Design Team to filter the various options and to narrow and refine the chosen design. At this meeting, the Web Design Team will be presented
a series of three (3) home page concepts, layouts, and designs for review (each with a corresponding secondary page design). Civica may propose the implementation of minor sound and
Flash/animation elements that will enhance the site without unduly extending download times. (Meeting can be carried out via phone) City staff will seek input from the Website Advisory
Group on the design concepts, layouts, and designs and report back to the Web Design Team with the results. The Web Design Team will then have a follow-up phone meeting with Civica to
discuss discuss any proposed refinements to the 3 conceptual designs. The three design options and recommendations from the Web Design Team will then be presented to the City Council
for final selection of an option. Conceptual Design Meeting #2 Page 6 of 25 112
Civica will prepare, and post on the construction Website, a refined homepage design together with a corresponding secondary page design for a final decision by the Web Site Committee
based on input from City Departments and the Website Advisory Group. All design elements will be presented to the City via the Web-based Client Development area to ensure that all decisions
are made within the context of how the ultimate user is going to view the Website. Civica will then design all departmental homepages and post them to the Client Website for departmental
review. (Meeting can be carried out via phone) ----------------------------------Time Line: 6 weeks---------------------------------Graphics Finalization Following department input,
Civica will post “final designs” for the homepage and all departments online. Upon approval by the City, Civica will deliver all graphic components in Adobe Photoshop optimized and sliced,
ready for integration into the Website together with full documentation and technical specifications. These specifications will include hex color font specifications and any other information
required for integration into a CMS (content management software) system. -----------------------------------Time Line: 7 weeks-------------------------------DEVELOPMENT /ENGINEERING
PHASE Stage 1: CMS Deployment Civica will deploy the complete Civica Content Management software system containing the administration system together onto a Civica Web server and integrate
the various approved graphics, homepages, and primary and secondary navigation systems with the software. All drop down menu elements; site navigation features and departmental homepages
(minus content) will be functional for testing and approval by City departmental staff prior to content integration. ------------------------------------Time Line: 3-4 weeks--------------------------
----(From approval of designs, ready for Web implementation) Stage 2: Training Civica Software staff will provide user-training sessions for up to 16 City employees in the full use of
Civica tools necessary to routinely maintain and redesign the Website and update the content on the Website and the Page 7 of 25 113
procedures for creating and posting new content onto existing pages. The training sessions will run approximately 2 hours each. In addition, Civica Software staff will provide an in
depth “train the trainer” session for three (3) selected employees in the full use of the Civica administration system. They will be able to: • Set up all user rights and privileges.
• Understand all Civica tools necessary to routinely maintain and redesign the Website. • Update the content on the Website, and create and post new content onto existing pages. This
training session will run approximately 3-4 hours and will be provided at the City offices. Documentation, in both soft and hard copy, will be provided to City staff to enable them to
use all features of the CMS system and to update and redesign the site. -------------------------------Time Line: 1-2 weeks -------------------------------(From completion of stage 1)
Stage 3: Content Integration This stage will commence contemporaneously with the training and the real content migration will be used as part of the training process. Civica will utilize
up to 750 pages of content either extracted from the existing site that has been pre-approved or new content submitted. Civica will classify the content with metadata tags and build
and complete the Website using this content and post the site for review and approval on the development Website. Throughout the entire development cycle, Civica will maintain a duplicate
system that replicates our final deployment environment. All functionality testing and development will take place on these systems to ensure an accurate representation of the eventual
Website. Although testing occurs throughout the project, in this stage, the site is scrutinized on multiple platform, browser, and bandwidth environments. The various systems planned
for the site will be tested and all subsections will be refined and tested for proper linkages and content control. The ADA compliant version /“low graphics” version of the Website will
be developed concurrently with the primary site. ---------------------------------Time Line: 3-4 weeks-------------------------------(From completion of Stage 1) Page 8 of 25 114
Stage 4: Quality Assurance and Technology Transfer Although the site will be continually tested during the entire duration of development, Civica will assist in the deployment of the
new site on our servers. At this juncture, the site will be live, with all features accessible by the public. Civica will register the Website on the City’s behalf with all primary search
engines and incorporate the required metatags. City will take full control of the maintenance of all sections, including full access to the source code for the purpose of disaster recovery.
---------------------------------Time Line: 6 weeks-----------------------------(From completion of Stage 1) Software Specifications
Civica Software will design and build a new City of Saratoga a website containing the following Civica Modules; Core Data Management, Site Construction and System Administration tool
sets A-Z Index Calendar Contacts E-Zines FAQs FileBank HTML Editor HTML Emails Image Gallery InfoGuide Issues Tracker Job Classifications Jobs Module News & Announcements Pets Press
Releases QuickLinks RFPs & Bids Voting /Survey Page 9 of 25 115
Payment Schedule Milestone 1. Contract Execution Due within 7 days of milestone completion $ 9,358 [20% of Contract Value] Milestone 2. Approved Website Design, Due within 30 days of
milestone completion $ 9,358 [20% of Contract Value] Milestone 3. Integrated CMS modules and available online (with new Design), Due within 30 days of milestone completion $ 14,127 [30%
of Contract Value] Milestone 4. Content migration complete Due within 30 days of milestone completion $ 9,358 [20% of Contract Value] Milestone 5. Site goes live Due within 30 days of
milestone completion $ 4,679 [10% of Contract Value] Total Project Cost: $ 46,790 Hosting Civica Software will deploy the completed City of Saratoga Website onto a Civica Web server
housed in Dallas TX (RackSpace datacenter). Civica provides connectivity to the Internet via multiple OC3 lines and will host the Website on a shared server that operates at a maximum
load of 10% utilization. Detailed log files of Website activity are maintained, and reports are generated monthly, using SmarterStats. The Website will be hosted on a mirrored server
with daily and weekly site backups. (DVD backups are available on request). Civica will host the Website for a minimum period of 3 months. Three months regular hosting fee (at $150 per
month) is to be paid in advance on deployment. Thereafter, billing and City obligation will be month by month at the rate of $150 per month. Page 10 of 25 116
EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of Fourty Six Thousand, Seven Hundred and Ninety dollars ($46,790) for work to
be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor
pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and
reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and
ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for
all remaining billing periods. 3. PAYMENTS City shall make payments on invoices received and satisfactory performance of the work in accordance with the payment schedule set forth in
Exhibit A. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Page 11 of 25 117
EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while
consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the
sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this
exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment
for any purpose other than in the performance of Contractor's obligations under this Agreement. Page 12 of 25 118
EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City.
Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor
only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or
employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement
so long as such activities do not interfere or conflict with the performance by Contractor Contractor of the obligations set forth in this Agreement. Interference or conflict will be
determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according
to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work
product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards
of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably
necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to
bind City to any obligation whatsoever. Page 13 of 25 119
5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall
be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify
and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any
taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment
of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such
portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor
shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees
of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility
as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration
Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent
Conflict of Interest. Contractor agrees that if an Page 14 of 25 120
actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict.
Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers
and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.
Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates,
recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies,
general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state,
municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health
Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which
are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all
times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To
the extent that that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by
the terms of such fiscal assistance program. Page 15 of 25 121
d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's
employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five
days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other
laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor
pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until
the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City,
upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or
convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination
of the Page 16 of 25 122
contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility"
as per the sample below. ______________________________ Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall
hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person
or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials
which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all
information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public
record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting
to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree
that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys
fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity
provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not
enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. Page 17 of 25 123
a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in
relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations
under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement
or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault
is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been
solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In
those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable
to conduct of the City. c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less
than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to
be the sole fault of City. d. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions
of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or
any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with
these Page 18 of 25 124
requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is
binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties
hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the
provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor
or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit
E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. a. Events of default. Each of the following shall constitute an event of default
hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the
City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within
fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered,
provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor
promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend
or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages
to the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default Page 19 of 25 125
hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement
with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits
a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this
Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution,
litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or
claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties
for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute
resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning
any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement
shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa
Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws,
but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding
that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement Page 20 of 25 126
following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all
or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of
the parties executing this Agreement and not for the benefit of any other individual, entity or person. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement
shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall
in no event be deemed a waiver of the right to do so thereafter. Page 21 of 25 127
EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor's Agreement (ignore
any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies
of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original
endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements
and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required
insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000
per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage
for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees,
agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single
limit for bodily injury and property damage Page 22 of 25 128
___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and
property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven. Professional/Errors and Omissions Liability with coverage as indicated: $1,000,000 per loss/$2,000,000 aggregate ___ $5,000,000 per loss/$5,000,000 aggregate Contractor
must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal
of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's
Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as as respects the City, its employees or agents. The Contractor makes the following certification,
required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work
of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional
insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST
provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ".
. . endeavor to . . ." AND ". . . but failure to Page 23 of 25 129
mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives." ___ All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance
requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2)
the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its
officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain,
or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers,
officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability. Page 24 of 25 130
Page 25 of 25 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 131
SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: ORIGINATING DEPT.: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick DEPT. HEAD: John
Livingstone AICP, Director SUBJECT: FY 2008 – 2009 CDBG County/City Contract RECOMMENDED ACTION: Adopt a Resolution authorizing the City Manager to execute a $398,360.77 contract with
Santa Clara County for the FY 2008-2009 CDBG Program. BACKGROUND: The Community Development Block Grant (CDBG) Program is federally funded by the United States Department of Housing
and Urban Development (HUD) to assist lower income and special needs persons with housing and community development needs. The City of Saratoga is not eligible to apply directly for
entitlement funds, but may, qualify to receive such funds, as an “Urban County” applicant, by entering into a Joint Exercise of Powers Agreement and Cooperation Agreement1 (JPA) with
the County. The County requests that cities receiving funds through the Urban County Program enter into a contract regarding the receipt and expenditure of funds. While the fiscal year
begins in July, there is always a delay in receiving the new Contract from the County. The County has indicated that there is no change in this contract from the prior year, which was
reviewed by the City Attorney. The availability of FY 2008-2009 CDBG funds was publicized during the month of January 2008. Six applications were received during the application cycle.
On May 7, 2008, the City Council authorized the submittal of five FY 2008-2009 CDBG funded projects totaling $133,214. The term of expenditure by the City is from July 1, 2008 to June
30, 2009. The FY 2008-2009 CDBG Funds are currently allocated as follows: 1 The current JPA expires on September 30, 2011. 132
New CDBG 2008-2009 Funded Projects Saratoga Area Senior Coordinating Council -Adult Day Care Program $32,732.00 City of Saratoga ADA – Accessible Signal Program Phase II $55,600.00 City
of Saratoga ADA –Access Ramp Historical Museum $16,882.00 Urban County Rehabilitation Services (City of Saratoga) $13,000.00 General Administration (City of Saratoga) $15,000.00 Subtotal
$133,214.00 Carry-Over (Unused Funds) Projects from Prior Years SHARP Revolving Housing Rehabilitation Program (2004) $77,020.77 SHARP Revolving Housing Rehabilitation Program (2005)
$41,152.00 ADA -Saratoga-Sunnyvale Road Curb Ramp $58,073.00 ADA -SASCC Restroom Improvements $8,150.00 ADA – Accessible Signal Program Phase I $74,526.00 ADA – Theater Seating Project
$6,225.00 Subtotal $265,146.77 TOTAL CDBG 2008-2009 funded projects $398,360.77 FISCAL IMPACT: If the City signs the County/City CDBG Contract, then the City becomes eligible to receive
a new allocation of $133,214.00 in CDBG funds. In addition, the City will have access to unexpended funds in the amount of $265,146.77 from prior fiscal years for eligible FY 2008-2009
CDBG activities. ALTERNATIVE ACTION: If the City does not sign the County/City Contract, this would jeopardize the City’s receipt of FY 2008-2009 CDBG funds as well as carry-over CDBG
funds. In addition, without the new CDBG funds, the City may have to fund previously approved CDBG activities with General Funds. FOLLOW UP ACTION: Forward three signed copies of the
County/City contract to Santa Clara County. ATTACHMENTS: 1. Resolution 2. FY 2008-2009 County/City Contract 133
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RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING EXECUTION OF A CONTRACT WITH THE COUNTY OF SANTA CLARA FOR THE FY 2008-2009 COMMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM WHEREAS, the City is participating as a member of the County of Santa Clara (County) Community Development Block Grant Program (CDBG) Joint Powers Agreement; and
WHEREAS, the County has agreed to the use by the City, as a sub-recipient, of a portion of the County’s CDBG Entitlement for a housing and community development program to be operated
within the County and which shall benefit low and very low income households; and WHEREAS, on May 7, 2008 the City Council of the City of Saratoga approved the expenditure of $133,214.00
in new CDBG funds for fiscal year 2008-2009; and WHEREAS, the City Council has approved the expenditure of $265,146.77 in carry-over CDBG funds from prior years. NOW, THEREFORE, BE IT
RESOLVED that the City Council of the City of Saratoga hereby authorizes the City Manager to execute said CDBG County/City Contract in the total amount of $398,360.77 for fiscal year
2008-2009. PASSED AND ADOPTED this 5th day of November 2008, by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: ___________________________
___________ Ann Waltonsmith, Mayor ATTEST: _____________________________________ Ann Sullivan, Acting City Clerk 135
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SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Rick Torres DEPT HEAD: John Cherbone SUBJECT:
Authorization to purchase one (1) Chevrolet 5500 Dump Truck and declaration of surplus property and authorization of disposal. RECOMMENDED ACTIONS: 1. Move to authorize the purchase
of one (1) 2007 Chevrolet 5500 Dump Truck from Gilroy Chevrolet in the amount of $44,000. 2. Move to declare the following vehicle as surplus and authorize its disposal 1996 GMC 3500
1-ton--vehicle # 90 REPORT SUMMARY: On an annual basis the Street Maintenance Division performs a review of the City’s rolling stock and capital equipment inventory for future replacement
needs. The information is also used to plan for subsequent budget years. Replacement is determined on various factors such as age, condition, mileage and use. Staff recommends replacing
an existing dump truck (Vehicle #90) with a slightly larger dump truck because it will better serve serve the demands of maintenance and construction work performed by City crews. Staff
also recommends selling Vehicle #90 at auction. The purchase of a new truck adheres to the City’s vehicle replacement schedule and will ensure a dependable fleet. Staff solicited quotations
from several dealerships and the following table contains a summary of the quotes received. Vehicle Description: 2007 5500 Dump Truck (1 each) Vendor Quotation 176
*Gilroy Chevrolet $44,000.00 Victory Commercial Truck $45,386.49 Courtesy Chevrolet No Quote The quotes above reflect those dealership‘s fleet prices. This vehicle comes with a standard
5 year/100000 mile for the motor and a 5year /50,000 mile drive train warranty that is included in all prices above. All prices include sales tax.. * indicates lowest bid. Surplus Item:
Vehicle # Mileage Reason Method of disposal ---------------------------------------------------------------------------------------------------------------------1. 1996 GMC 3500 # 90
70,000 Age/Condition Auction FISCAL IMPACTS: There are sufficient funds in the adopted budget to cover the purchase of the dump truck. The amount of revenue from the auctioned truck
will be placed back into the Vehicle Replacement Fund for future vehicle replacements. In light of slow truck sales the City can take advantage of favorable prices that allow the purchase
of a larger truck within the replacement budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(ACTION(S): The purchase would not be authorized. If truck is not replaced it would result
in higher maintenance and repair costs and the dependability of City’s fleet would diminish. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): A purchase order
for this truck will be issued to the lowest bidder and the surplused truck will be disposed of at auction. ADVERTISING, NOTICING AND PUBLIC CONTACT: 2 of 3 177
3 of 3 None additional. ATTACHMENTS: None 178
SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John
Livingstone, AICP SUBJECT: Review of the Heritage Preservation Commission’s proposed design for the Heritage Orchard Sign RECOMMENDED ACTION: Review the proposed design for the Heritage
Orchard Sign and direct Staff accordingly. DISCUSSION: This item, originally scheduled for the October 15, 2008 City Council meeting, was continued to the November 5, 2008 meeting at
the request of the Chair of the Heritage Preservation Commission (HPC). Background The HPC discussed the proposed design for the Heritage Orchard Sign with the City Council during a
Joint City Council/Heritage Preservation Commission meeting on November 7, 2007. The City Council was generally supportive of the sign and directed the HPC to determine the costs to
erect the sign, clarify the choice of materials, and to review its design with the Library Commission. The Chair of the HPC presented the proposed design of the Heritage Orchard Sign
to the Library Commission at their meeting of June 11, 2008. The Library Commission was supportive of the design. The HPC again reviewed the design of the Heritage Orchard Sign with
the City Council at the September 3, 2008 Joint City Council/Heritage Preservation Commission. The HPC presented more details on the signs exterior materials and informed the City Council
that bids had been obtained to construct the sign and that the costs would be approximately $41,700. The City Council suggested that the HPC seek outside funding sources as a way to
defray the City’s costs to construct the sign. A copy of the signs construction budget is included as Attachment 1. ALTERNATIVES: None Page 1 of 2 179
Page 2 of 2 FISCAL IMPACTS: The estimated costs to construct the Heritage Orchard Sign would be $41,700 and is currently an unfunded item in the 2008-2009 CIP budget. Direct costs to
the City could be reduced by outside funding sources. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Construction Budget for the
Heritage Orchard Sign 2. Reduced Plans, Exhibit "A" 180
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SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative
Analyst II Assistant City Manager SUBJECT: 2008 Winter Issue of The Saratogan RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: After discontinuing publication
of The Saratogan in 2004, the City of Saratoga began reissuing the quarterly publication in February 2008. The fall issue was mailed to residents in October 2008 and the winter newsletter
will be sent in January 2009. The newsletter is used as a tool to improve communications with residents and ensure the public has access to important information. In the past it has
been used to conduct public surveys and call attention to City services. The summer issue focused on the theme of “coming together and building community” and highlighted ways in the
City and Saratoga residents can come together to improve the community. The topics of the focus articles included the Joan Pisani Community Center dedication, neighborhood associations,
KSAR 15, and community gardens. These articles were featured on the first two pages of the newsletter. The third and fourth pages were dedicated to supplementary articles on topics important
to Saratoga residents. The topics of these articles included common code enforcement questions in “Ask Jana”, proper disposal of unwanted medicine, Saratoga’s green business certification,
the West Valley College sports fields, Silicon Valley Turkey Trot, and the Village streetscape improvements. Staff has started to develop article topics for next issue of The Saratogan.
The stories are centered on the proposed theme of “Renewal” and will highlight stories of revitalization in the City. Below is a preliminary list of feature and supplementary articles.
Feature Articles: • Joe’s Trail at Saratoga DeAnza • Community Development Block Grant and Community Grant Program • Village streetscape improvements Page 1 of 2 183
Page 2 of 2 Supplementary Articles: • Ask Jana • City of Saratoga Artsopolis calendar • Winter storm preparation • Digital television transition • Emergency phone calls from mobile phones
To ensure The Saratogan meets the expectations of the City Council, staff is seeking input for the fall issue. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Staff will move forward without Council input on the theme, article topics, or other aspects of the winter issue of The Saratogan. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement
Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: The Saratogan 2008 fall issue 184
Saratogan The CI TY o f SA R ATOGA CA L I F ORNI A 1956 Fall 2008 Coming Together and Building Community The City of Saratoga’s Community Center is a hub of activity that draws people
from all over the City to socialize, learn, and grow. Each day residents connect with their neighbors through their participation in activities at the community center. Establishing
a place where residents can form lasting relationships with each other is no easy task. For thirty-three years Joan Pisani, a Saratoga resident and former Director of Recreation and
Facilities, took on this responsibility and transformed the community center into a symbol of the City’s commitment to building community. After Joan passed away in 2007, a committee
of Joan’s friends, colleagues, and family members pursued their dream to name the community center for Joan, in commemoration of her efforts. On October 5, 2008, over 200 people celebrated
the dedication of the recently renamed Joan Pisani Community Center. Saratoga residents have the opportunity to continue Joan’s legacy of building community. Below are just a few of
the ways in which residents can carry on her work: Getting Organized: Neighborhood associations are a wonderful way for residents to connect. Read more in the next article. Tuning In:
Stay up to date on local issues by watching KSAR Channel 15, the only station devoted to Saratoga. Details on KSAR are on page 2. Sharing Passions: Community gardens are an excellent
source of inexpensive produce and can serve as a great social network. Learn more on page 2. Getting Organized In the hustle and bustle of daily life, few residents take the time to
meet their neighbors. However, the time spent developing friendly relationships with neighbors has many rewards. Well-connected neighborhoods are safer and better equipped to handle
community issues. One of the best ways to organize a community is to start a neighborhood association. Below are tips for new and established associations: Stick to Shared Goals: associations
are better able to engage the entire community when it is clear that the goals of the association are based on the shared interests of the community Maintain Momentum: like any relationship,
the key to a long-lasting association is to keep things interesting; work plans and objectives should be updated to give members new goals Stay Organized: meetings and the association
purpose should always be clear; chaotic meetings and lack of focus will frustrate members For more information, visit www.saratoga.ca.us/NeighborhoodAssociations/index.html. Pisani Family
at Joan Pisani Community Center dedication 185
Tune in to Saratoga Get in tune with the local community by changing the station to KSAR Channel 15 – Saratoga’s public access television channel. KSAR has been operating in Saratoga
since the early 1980s to increase access to vital information and provide residents with the opportunity to share their interests and view those of others. KSAR offers a wide variety
of local programming, including live City Council and Planning Commission meetings that are filmed and broadcast by KSAR’s staff and volunteers. Election forums and Saratoga High School
student productions will be broadcast this year. Residents can also rent the KSAR TV studio, located at West Valley College, or submit news and events to be aired on the KSAR Community
Bulletin Board. Saratoga’s Comcast cable customers can already watch KSAR and soon Saratoga’s AT&T U-verse customers will be able to watch KSAR. Programs, including City Council and
Planning Commission meetings, can also be viewed online at www.KSAR15.org. For more information about KSAR, volunteering, renting the studio, or donating to KSAR’s new endowment fund,
call KSAR at (408) 741-2108. KSAR studio in Saratoga Council Chambers Gardener in the El Quito Community Garden Gardening for a Community Community gardens are quickly becoming a common
feature in American cities. Since the turn of the century, community gardens have attracted urban dwellers looking for a place to grow their own produce. While these gardens are commonly
built to provide residents with the opportunity to grow produce inexpensively, community gardens have been found to be a vehicle for building community. Saratoga is home to two community
gardens. The El Quito Community Garden is located at El Quito Park near the Westhope Church parking lot. The garden, managed by the City of Saratoga, has 16 plots. Just yards away is
the Westhope Church Community Garden. Like the El Quito Community Garden, members of the public can rent plots from the Church. The plots in these gardens are full of a wide array of
plants, reflecting the diverse gardeners who have come together to share a common passion. Community gardens create new personal connections that establish a sense of community and belonging
among gardeners, improving their quality of life.186
Ask Jana Got Code Enforcement questions? Ask Jana! Send your questions to Jana Rinaldi at 13777 Fruitvale Avenue, Saratoga CA 95070 or by email to jrinaldi@saratoga.ca.us. Hi Jana, I
recently stopped by the City offices on a Wednesday afternoon. I wanted to speak with you and the Planning staff at the Community Development Department counter. When I arrived, I found
that you were not in and the Community Development counter was closed. Can you tell me when you are in the office and when the counter is open? Just Stopping By Dear Just Stopping By,
Our Planning and Building Counter is open between 7:30 a.m. to 12:00 noon, Monday through Thursday and on alternate Fridays. As for my schedule, I have Wednesdays off and I work on Saturdays.
Jana Dear Jana, Recently, my neighbor started construction work on his home. Why didn’t I receive formal notification that there would be a project next door? Can you also tell me what
days and hours construction is permitted? Unnoticed Neighbor Dear Unnoticed, There are three three levels of project approval, two of which require neighborhood notification. • Large
scale projects such as a new twostory home require a public hearing before the Planning Commission and notification to neighbors within 500 feet of the subject property. • Other major
projects such as a new singlestory home or a major addition to an existing home (e.g., adding more than 50% square footage) requires Administrative Review and notification to neighbors
within 250 feet of the subject property • Smaller scale projects that do not require administrative review or a public hearing are approved “over the counter” as long as the submittal
is complete and in compliance with all relevant regulations (e.g., zoning). Over the counter approval does not require neighbor notification. See Municipal Code sections 5-45.060 and
15-45.065 for a complete breakdown of the type of projects requiring Administrative Review or a Public Hearing. Construction is allowed 7:30 a.m. to 6:00 p.m. Monday through Friday and
9:00 a.m. to 5:00 p.m. on Saturdays. Construction is prohibited on Sundays and weekday holidays. Jana Proper Disposal of Unused Medicine Ever wondered what to do with those medicines
sitting in the cabinet that don’t have any more use? Flushing drugs down sinks or toilet is harmful to the environment and human health. While wastewater from indoor plumbing is treated
to meet strict regulatory standards before being discharged to our Bay, the treatment plant cannot filter or neutralize medicinal ingredients. Even low levels of drugs can have negative
effects on the health and reproduction of marine life. The landmark 2002 U.S. Geological Survey study found that 80 percent of streams sampled contained drugs, including steroids and
reproductive hormones. Saratoga residents can dispose of waste medicines by making an appointment with the County Household Hazardous Waste Program online at www.hhw.org or by phone
at (408) 299-7300. 187
Postal Customer Local PRSRT STD U.S. Postage PAID Saratoga, CA Permit No. 136 ECRWSS The Saratogan 13777 Fruitvale Avenue Saratoga, CA 95070 CITY o f SARATOGA C A L IFORNIA 1956 Saratoga
Looking Greener The City of Saratoga has been going back to the basics and earning green rewards in the process. In an effort to adopt more environmentally friendly practices, a review
of City operations has helped Saratoga to become certified as a Green Business by the Bay Area Green Business Program. The City’s Green Business Certification comes the same year the
Council adopted sustainability as a City priority. Recognizing the need to become an environmental steward and lead green change throughout Saratoga, the City has adopted a number of
operational changes that will reduce its environmental footprint. These changes have saved financial and environmental resources, in addition to earning Saratoga Green Business Certification
and demonstrating sustainable practices to residents. Improvements include: • Elimination of single-use plastic water bottles • Extensive recycling program • Paperless Council Meetings
• Installation of energy efficient T-8 lighting • Drought resistant landscaping at City Hall Silicon Valley Turkey Trot Start Thanksgiving Day off on the right foot at the Applied Materials
Silicon Valley Turkey Trot sponsored by the Silicon Valley Leadership Group. This year’s beneficiaries will be the Santa Clara Family Health Foundation, Second Harvest Food Bank, and
The Housing Trust of Santa Clara County. Last year, $218,000 was raised during the Turkey Trot with 1/3 of the funds going to the Healthy Kids program. To register, visit http://svturkeytrot.com/.
Installation of drought resistant landscaping on Allendale Village Streetscape Improvements Join the Village Adhoc Committee on October 27, 2008 at 6:30 p.m. in the Saratoga Senior Center
located at 19655 Allendale Avenue in Saratoga to help plan streetscape improvements in the Village. For more information visit www.saratoga.ca.us or call (408) 868-1239. West Valley
College Sports Fields Saratoga’s youth sports enthusiasts have two new playing fields. In an effort to address interest in additional sports fields, the City of Saratoga and West Valley
College established a joint use agreement that will allow Saratoga youth sports organizations to use two West Valley College sports fields. As part of the agreement, the City has widened
the lower field to accommodate a new soccer field, conditioned the turf on both fields, constructed a retaining wall, and installed sand channel Field at West Valley College drainage
systems 188
SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson
________________________________________________________________________ SUBJECT: Amendment to City Council Policy Pertaining to Norms of Operation and Rules of Order and Procedure for
City Council ________________________________________________________________________ RECOMMENDED ACTION: Approve the attached resolution to amend the City Council Policy Pertaining
to Norms of Operation and Rules of Order and Procedure for City Council to conform to recent changes in the State Elections Code and allow the Council reorganization in election years
to be held at a special meeting. REPORT SUMMARY: At the time the City Council adopted its Norms of Operation in 2004 state law required that the City Council reorganization (i.e., selection
of mayor and vice mayor) be held at a regular meeting in election years. Accordingly, the Norms Norms of Operation provided that reorganization would take place at a special meeting
in non-election years and at a regular meeting in election years. The law has since changed and now allows cities to hold their reorganization meetings at a special meeting. Accordingly,
the attached resolution amends the Norms of Operation to provide that reorganization will be held at a special meeting each year. The amendment would also revise the Norms of Operation
to conform to standard City practice which is to hold the reorganization meeting on the Tuesday preceding the first regular meeting in December. The amendment allows the City Clerk to
change this date in election years if necessary for the City to comply with state election laws. Those laws require the reorganization to occur after the City Council declares the election
results and at the same meeting that the declaration of results occurs. State law also requires that the City Council declare the results within a specified time following receipt of
the results from the County. In ordinary circumstances it should be feasible to comply with the various laws by holding the meeting on the Tuesday preceding the first regular meeting
of December. In unusual circumstances, however, the City may receive election results earlier or later than expected. In such cases the City Clerk would need the flexibility to schedule
an earlier or later reorganization meeting. The amended Norms of Operation would provide that flexibility. Page 1 of 2 189
Page 2 of 2 This change is required to proceed with the special meeting for reorganization currently scheduled this year for Tuesday, December 2, 2008. If Council elects to leave the
Norms of Operation unchanged the special meeting will be cancelled and the reorganization will be held at the regular meeting following receipt of the election results from the County.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. ATTACHMENTS: Proposed Resolution 190
RESOLUTION NO. CITY OF SARATOGA CITY COUNCIL RESOLUTION AMENDING THE CITY COUNCIL POLICY PERTAINING
TO NORMS OF OPERATION AND RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL WHEREAS, the City Council Policy Pertaining to Norms of Operation and Rules of Order and Procedure for City Council
(“Council Norms of Operation”) calls for the City Council reorganization to be held at a special meeting except in election years; and WHEREAS, since the Council Norms of Operation was
adopted, state law has changed in a way that allows the City to hold the reorganization at a special meeting even in election years; and WHEREAS, the City Council has determined that
it is in the public interest to have the reorganization occur at a special meeting to facilitate a smooth reorganization and to promote community involvement in the reorganization. NOW
THEREFORE, BE IT RESOLVED: that the Council Norms of Operation adopted January 21, 2004 and amended June 20, 2007 is hereby amended to revise section 5.B as shown below (words shown
shown in strikeout [example] are deleted and words shown in bold italics [example] are inserted): B. City Council Reorganization – On non-election years the The City Council shall hold
a special meeting on the second Tuesday immediately preceding the first regular meeting of December. The floor shall be open to nominations for the purpose of electing a Mayor and Vice
Mayor to serve for the following year. Such elections shall be made by a majority vote of the Councilmembers present at the meeting. The Mayor and Vice Mayor shall assume the duties
of their respective offices immediately upon election. The Mayor and Vice Mayor shall serve a one-year term at the pleasure of the Council. On election years the City Council shall meet
at a regular scheduled meeting next following the meeting at which the declaration of the election results was made pursuant to Section 10262 or 10263 of the Elections Code and choose
one of its members as Mayor, and one of its members as Vice Mayor. (Government Code Section 36801). In election years the date of the special meeting referenced above may be changed
by the City Clerk as necessary to ensure compliance with State election laws. 1 191
2 PASSED AND ADOPTED by the City of Saratoga City Council, State of California, this 5th day of November by the following roll call vote: AYES: NOES: ABSENT: RECUSED: ________________________________
Ann Waltonsmith, Mayor ATTEST: ________________________________ Ann Sullivan, Acting City Clerk 192
SARATOGA CITY COUNCIL MEETING DATE: November 5, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager
SUBJECT: Resolution in Support of Santa Clara County Cities Association (SCCCA) Regional Efforts Related to Disposable, Single Use Carry-out Bags RECOMMENDED ACTION: Accept report and
adopt Resolution in support of SCCCA regional efforts related to disposable, single use carry-out bags. REPORT SUMMARY: The issue of controlling the distribution and use of disposable,
single use carry-out bags is being debated at the city, county and state level. ?? State Assembly members Levine, Brownley and Davis sponsored AB 2058, which did not make it out of committee
this past legislative session. ?? A Technical Advisory Committee (TAC) to the Santa Clara County Recycling and Waste Reduction Commission (RWRC) has discussed several options for inclusion
in a proposed model countywide ordinance that would regulate the distribution of single use carry-out bags. ?? The Cities of Palo Alto and San Jose are taking actions to develop ordinances
for adoption early in 2009. At its June 12, 2008 meeting, the SCCCA received a report from the City of San Jose concerning the issue of reducing the use of disposable carry-out bags.
While the report noted that these bags are inexpensive and convenient, they are difficult to recycle, cause litter, and contribute to pollution and can harm wildlife. While recycling
of bags is possible, contamination, volatile overseas markets and low recovery rates make recycling less viable. The report notes there are a number of options for addressing the impacts
of single use carry-out bags, including: ?? Education and public outreach ?? Banning their use ?? Enhanced recycling ?? Creating economic incentives to reduce or eliminate their use
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A number of jurisdictions are in the process of either banning, assessing fees, or recycling single use carryout bags. The Santa Clara County Cities Association (SCCCA) is promoting
a regional approach on this issue, since it crosses jurisdictional boundaries. A regional approach would lead to greater consistency for customers and retailers and would also help to
create a more united front should legal challenges occur. The SCCCA has requested that member jurisdictions adopt a statement in support of its regional efforts regarding the use of
disposable carry-out bags. If desired by the Council, staff has attached a Resolution in support of SCCCA regional efforts, for Council adoption. FISCAL IMPACTS: None. CONSEQUENCES OF
NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: The Council may desire to modify the proposed Resolution, to direct staff to prepare an alternative Resolution for its consideration,
or to take an alternative action. FOLLOW UP ACTION: Implement Council direction, if provided. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Resolution 194
RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, SUPPORTING THE EFFORTS OF THE SANTA CLARA COUNTY CITIES ASSOCIATION IN PROMOTING A REGIONAL APPROACH
TO ELIMINATING THE USE OF DISPOSABLE, SINGLE USE CARRY-OUT BAGS WHEREAS, disposable, single use carry-out bags are inexpensive and convenient, yet are also difficult to recycle, cause
litter, contribute to pollution and can harm wildlife; WHEREAS, recycling of these bags is possible, contamination, volatile overseas markets and low recovery rates make recycling less
viable; WHEREAS, a number of options exist for addressing the impacts of disposable, single use carry-out bags, including: ?? Education and public outreach ?? Banning their use ?? Enhanced
recycling ?? Creating economic incentives to reduce or eliminate their use WHEREAS, a number of jurisdictions in the San Francisco Bay Region are in the process of either banning, assessing
fees, or recycling single use carryout bags; WHREAS, the Santa Clara County Cities Association (SCCCA) is promoting a regional approach on this issue, since it crosses jurisdictional
boundaries. A regional approach would lead to greater consistency for customers and retailers and would also help to create a more united front should legal challenges occur. NOW, THEREFORE
BE IT RESOLVED that the City Council of the City of Saratoga hereby supports the efforts of the Santa Clara County Cities Association in promoting a regional approach to eliminating
the use of disposable, single use carry-out bags. AYES: NOES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: Ann Sullivan, Acting City Clerk 195
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