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Home My WebLink About08-06-2008 City Council Agenda Packet AGENDA CITY OF SARATOGA CITY COUNCIL SPECIAL MEETING August 6, 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 August 1, 2008.) COMMUNICATIONS FROM PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. CALL MEETING TO ORDER – 6:00P.M. 1. Joint Meeting with the Hakone Foundation. Recommended Action: Informational only. 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 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posing of Agenda: I, Ann Sullivan, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on August 1, 2008, at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us 1 2 Signed this 1st day of August 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, August 6, 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 August 1, 2008) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS SPECIAL PRESENTATIONS 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. 1 1. City Council Minutes - August 4, 2004 Recommended action: Approve minutes. 2. City Council Minutes - November 17, 2004 Recommended action: Approve minutes. 3. City Council Minutes - May 2, 2007 Recommended action: Approve minutes. 4. City Council Minutes - August 1, 2007 Recommended action: Approve minutes. 5. City Council Minutes - October 17, 2007 Recommended action: Approve minutes. 6. City Council Minutes - July 16, 2008 Recommended action: Approve minutes. 7. CIP Study Session Minutes – July 19, 2008 Recommended action: Approve minutes. 8. Treasurer’s Report for the Month Ended April 30, 2008 Recommended action: Review and accept Treasurer’s Report for the Month Ended April 30, 2008. 9. Review of Accounts Payable Check Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: July 10, 2008 July 17, 2008 July 24, 2008 10. Acceptance of $3,400 Grant from Saratoga Rotary for North Campus Improvements Recommended action: Adopt a resolution and approve a budget amendment to accept a $3,400 grant from the Saratoga Rotary Club for North Campus improvements. 11. Subdivision Improvement Agreement Extension Recommended action: 1. Approve Amendment to the Subdivision Improvement Agreement between Warren A. Sturla and the City of Saratoga. 2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment. 2 12. Award of Design Contract for the Village Pedestrian Enhancement Project Recommended action: Move to award a professional services contract with Gates and Associates for Design Services in the amount of $99,612 connected to the Village Pedestrian Enhancement Project and authorize the City Manager to execute the same. 13. Amendment to Valet Parking Ordinance to Eliminate Annual Review Requirement Recommended action: Waive the Second Reading and adopt the Proposed Ordinance Amendment 14. Motor Vehicle (MV) Resolution authorizing No Parking or Stopping Recommended action: Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping” on Marshall Lane 15. West Valley College Playfield Vertical Bypass Drainage Project (Sand Channel Improvements) - Notice of Completion Recommended action: Move to accept the West Valley College Playfield Vertical Bypass Drainage Project as complete and authorize staff to record the Notice of Completion for the construction contract. PUBLIC HEARINGS None OLD BUSINESS 16. 2008 Fall Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith Association of Bay Area Government Comprehensive County Expressway Planning Study Advisory Board (PAB) Hakone Foundation Executive Committee Santa Clara County Emergency Council SASCC West Valley Mayors and Managers Association Sister City Liaison Council Finance Committee Highway 9 Safety AdHoc TEA AdHoc Vice Mayor Chuck Page Chamber of Commerce 3 Hakone Executive Board West Valley Sanitation District Council Finance Committee Village AdHoc Valley Transportation Authority PAC Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association City School AdHoc TEA AdHoc Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc West Valley Solid Waste Joint Powers Association Councilmember Aileen Kao County HCD Policy Committee Northern Central Flood Control Zone Advisory Board Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) City School AdHoc Highway 9 Safety AdHoc Airport Land Use Committee CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on August 1, 2008, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 1st day of August 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk 4 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 8/20 Summer Recess – No Meeting 9/3 Regular Meeting – Joint Meeting with West Valley Board of Trustees (may be moved to 10/1/08 and HPC will take the 9/3 Joint Meeting) 9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School District 10/1 Regular Meeting – Joint Meeting with Montalvo Arts (moved to 1/7/09) 10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High School District 11/5 Regular Meeting –Joint Meeting with the Saratoga Ministerial Association 11/19 Regular Meeting – Joint Meeting with Mountain Winery 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – Traffic Safety Commission 5 SARATOGA CITY COUNCIL MEETING DATE: August 6, 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 – August 4, 2004 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – August 4, 2004 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 August 4, 2004 6 MINUTES SARATOGA CITY COUNCIL AUGUST 4, 2004 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:15 p.m. Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Public Employee Performance Evaluation (Gov’t Code 54957) Title: City Manager After considering the first closed session item, the City Council opened the meeting to the public. The City Attorney explained that after the deadline for posting the agenda for the meeting the City had received a request from the City of Tiburon to file a letter supporting that City's petition to the California Supreme Court for review of a court of appeal decision. The City Attorney explained that the court could decide on the petition before the next regular City Council meeting. The members present (Bogosian, King, Kline, Waltonsmith) voted unanimously to add the item to the agenda as follows: Conference With Legal Counsel - Existing Litigation: (Government Code section 54956.9(a)) Name of case: Zack et al. v. Marin Emergency Radio Authority (Cal. Supreme Court Case No. S125094) MAYOR’S REPORT ON CLOSED SESSION – 7:00 p.m. City Attorney Taylor reported that the Council directed him to submit a letter to the California Supreme Court urging the court to accept the Town of Tiburon's petition for review in Zack et al. v. Marin Emergency Radio Authority (Cal. Supreme Court Case No. S125094). Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Christie Oosterhous, Associate Planner John Cherbone, Public Works Director Morgan Kessler, Civil Engineer 7 2 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 4, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 4, 2004 was properly posted on July 29, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC None ORAL COMMUNICATIONS Karlina Ott thanked the City Council for dedicating the last meeting to her son Andrew Bedard. Ms. Ott noted that today was Andrew’s birthday and they had a memorial service for him at Saratoga School. Ms. Ott also thanked the various groups in the community for their support during this time and for their help with the memorial service. Ray Davies recalled the incident that happened in the Town of Los Gatos regarding Mayor Glickman. Mr. Davies stated that many citizens in the Town are going to hold him responsible for what happened at the July 4th celebration. Mr. Davies noted that the second issue he wanted to comment on was the continued efforts on Highway 9 Safety Committee. Nelia Garner noted that she has lived on Scully Avenue since the 1960’s. Mrs. Garner noted that her neighborhood is very concerned with the proposed soccer fields at Kevin Moran Park. Mrs. Garner noted that the surrounding neighborhood was not designed to accommodate the traffic that three soccer fields would bring into the neighborhood. Referring to the Town of Los Gatos, Carlos Garner noted that they have agreements with their local schools for field use in exchange for maintenance. Mr. Garner noted that his main concern in regards to soccer fields at Kevin Moran Park is safety. COMMUNICATIONS FROM COMMISSIONS None COUNCIL DIRECTION TO STAFF Councilmember Streit noted that he wanted to make a correction that it wasn’t the Parks and Recreation Commission that initiated the Kevin Moran Project – Council initiated the Project. Councilmember Streit suggested that the process be reset and urged staff to research the history of the park. Councilmember Streit stated that staff should find out what type of park it was in the 1970’s - a neighborhood park or community park. Councilmember Streit pointed out the recent problems CYSA programs Cupertino recently faced. Councilmember Streit noted that the City of Cupertino shut out 55 teams from using their parks, which was effective last Monday – 1100 kids had nowhere to play. 8 3 Councilmember Streit stated that the City should do more research and suggested that Council give the following direction to staff: • Contact West Valley College when the new President comes on board in September - negotiate access to use fields • Contact the various school districts to use their fields In conclusion, Councilmember Streit stated that the Council reset the Task Force and noted that there were not enough residents on it and suggested that the Mayor add two more residents. Councilmember Bogosian noted that he supported Councilmember Streit’s suggestions. Councilmember Bogosian suggested that the City Manager should contact West Valley College and return to Council with a full report on the availability & miscellaneous issues surrounding the use of their fields. Councilmember Streit stated that the Council should suspend or temporarily put the Task Force on hold and noted that someone should contact its members. Mayor Waltonsmith reiterated the direction to staff as follows: • Direction to the AdHoc Committee • Composition of AdHoc • Direct staff to research the history of the park ANNOUNCEMENTS Mayor Waltonsmith announced that there are four vacancies on the Library Commission to fill expired terms. Applications and information regarding these vacancies are available on the City‘s website at www.saratoga.ca.us or by contacting the City Clerk’s Office. The deadline to file is September 9, 2004. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1A. APPROVAL OF CITY COUNCIL MINUTES – JULY 6, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM JULY 6, 2004. MOTION PASSED 5-0-0. 9 4 1B. APPROVAL OF CITY COUNCIL MINUTES – JULY 7, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM JULY 7, 2004. MOTION PASSED 5-0-0. 1C. APPROVAL OF CITY COUNCIL MINUTES – JULY 26, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM JULY 26, 2004. MOTION PASSED 4-0-1 WITH STREIT ABSTAINING. 1D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINE/KING MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0-0. 1E. 2004 PAVEMENT MANAGEMENT PROGRAM – AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Award bid and execute construction contract; approve change orders. TITLE OF RESOLUTION: 04-066 Councilmember Bogosian requested that Consent Calendar item 1E be removed from the Consent Calendar. Councilmember Bogosian asked what the extra $200,000 was for. Director Cherbone responded that the increase in fees was for additional work, which would be performed by the same contractor. BOGOSIAN/KLINE MOVED TO AWARD BID AND EXECUTE A CONSTRUCTION CONTRACT TO BORTOLOTTO & COMPANY IN THE AMOUNT OF $580,577.39; APPROVE ADDITIONAL WORK IN THE AMOUNT OF $200,000; AUTHORIZE CHANGE ORDERS UP TO $100,000; ADOPT RESOLUTION AUTHORIZING CONTRACT AND CHANGE ORDERS. MOTION PASSED 5-0-0. 1F. CONTRACT RENEWAL FOR MUNICIPAL TRAFFIC ENGINEERING STAFF RECOMMENDATION: Approve a one-year contract and authorize City Manager to execute the same. 10 5 KLINE/KING MOVED TO APPROVE A ONE-YEAR CONTRACT AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION 5- 0-0. 1G. CONTRACT RENEWAL FOR MUNICIPAL PUBLIC WORKS INSPECTORS STAFF RECOMMENDATION: Approve one-year contracts and authorize City Manager to execute the same. KLINE/KING MOVED TO APPROVE ONE-YEAR CONTRACTS AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. 1H. IT SUPPORT CONTRACT WITH CITY OF PALO ALTO STAFF RECOMMENDATION: Approve contract and authorize City Manager to execute the same. KLINE/KING MOVED TO APPROVE CONTRACT WITH THE CITY OF PALO ALTO AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0. 1I. FINAL ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS AND DEDICATIONS WITHIN TRACT 9330 AND SDR 1311 STAFF RECOMMENDATION: Grant final acceptance of the subdivision public improvements and dedications within Tract 9330 and SDR 1311; Adopt Resolution rescinding the previously rejected offers of dedications and accepting offers of dedication for Tract 9330 and SDR 1311 with the exception of no-build easements shown on Tract 9330. TITLE OF RESOLUTION: 36-B-258 KLINE/KING MOVED TO GRANT FINAL ACCEPTANCE ND ADOPT RESOLUTION RESCINDING OFFER OF DEDICATION AND ACCEPTING OFFERS OF DEDICATION FOR TRACT 9330 AND SDR 1311. MOTION PASSED 5-0-0. 1J. BROOKGLEN, EL QUITO AND WILDWOOD PARKS: PARKS UPGRADE PROJECT - INCREASE OF CHANGE ORDER AUTHORITY STAFF RECOMMENDATION: Approve change order amount to $48,000.00 for additional pathway work associated with the Brookglen, El Quito and Wildwood Parks Upgrade Project. KLINE/KING MOVED TO APPROVE CHANGE ORDER AMOUNT OF $48,000.00 FOR ADDITIONAL PATHWAY WORK ASSOCIATED WITH THE BROOKGLEN, EL QUITO AND WILDWOOD PARKS UPGRADE PROJECT. MOTION PASSED 5-0-0. 11 6 PUBLIC HEARINGS 2. APPEAL OF A DENIAL OF A PLANNING COMMISSION DECISION DENYING A TREE REMOVAL PERMIT APPEAL AT 18325 SWARTHMORE STAFF RECOMMENDATION: Continue public hearing and take appropriate action. TITLE OF RESOLUTION: 04-064 Tom Sullivan, Community Services Director, presented staff report. Director Sullivan noted that this public hearing was being continued from July 7, 2004. He stated that the City Arborist, Mr. Babby, had looked at the situation and determined that the curb and gutter tree roots could not be severed without endangering the health of the tree and would require a bulb out, but the tree roots in the driveway could be severed without impact if done correctly. A bulb out could not be properly drained without an expense of between $75k-100k. Director Sullivan also noted that the Arborist had recommended tree removal if his recommendations could not be accommodated and that a new tree could be planted in its place. Mayor Waltonsmith opened the public hearing. Joel Donahoe, homeowner Goodie Duvall’s legal representative, addressed the Council, and spoke in favor of removing the tree citing property damage and hazard as the reason for requesting removal. The following people also addressed the Council and spoke in favor of granting the tree removal: Larry Clark Drew Kelly Jim Dillinger Yvonne Zlvanic The following people addressed the Council and spoke in favor of upholding the denial of appealing the tree removal noting the tree’s age, beauty and history: Elizabeth Lara Ole Lara Tom Corson Joel Donahoe addressed the Council again to reiterate the position of the homeowner to appeal the denial to remove her tree. Mayor Waltonsmith closed the public hearing. 12 7 Mayor Waltonsmith asked Director Sullivan to clarify the tree replacement condition. Director Sullivan clarified that the replacement condition was for the homeowner to plant a 48 inch box tree, as a replacement, at a location based on consultation with City Staff. The tree could be planted in either the front or back yards. Council discussed the issue at length. KLINE/STREIT MOVED TO ADOPT RESOLUTION OVERTURNING THE PLANNING COMMISSION ACTION TO DENYING AN ADMINISTRATIVE ACTION DENYING A TREE REMOVAL PERMIT AT 18325 SWARTHMORE WITH THE CONDITION THAT A 48 INCH BOX TREE BE PLACED ON THE PROPERTY IN A SUITABLE LOCATION IN CONSULTATION WITH STAFF; AND THE OWNER BEAR THE RESPONSIBILITY OF REPAIRING THE GUTTER AND THE STREET THAT WAS AFFECTED BY THE TREE. MOTION PASSED 4-1-0 WITH KING OPPOSING. Mayor Waltonsmith declared a break at 9pm. Mayor Waltonsmith reconvened the Council Meeting at 9:05pm. 3. APPEAL OF A PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE A DESIGN REVIEW APPLICATION NO. 03-245 TO CONSTRUCT A SECONDARY DWELLING UNIT LOCATED AT 15301 PEACH HILL ROAD STAFF RECOMMENDATION: Conduct public hearing and take appropriate action. TITLE OF RESOLUTION: 04-067 Christie Oosterhous, Associate Planner, presented staff report. Planner Oosterhous explained that in June 9, 2004, the Planning Commission approved Design Review Application No. 03-045 with conditions. The design review application includes construction of a secondary dwelling unit. Planner Oosterhous explained that the structure’s height is 14 feet 6 inches and the floor area is 600 square feet. Planner Oosterhous stated that the neighbor’s grounds for appeal state that the design of the dwelling unit is not consistent with the guidelines of the Residential Design Handbook and that she questioned the allowable floor area. Planner Oosterhous explained that the Planning Commission approved the Design Review with conditions that staff would coordinate with the applicant and appellant regarding the following: possible installation of retaining walls, additional landscape screening; and a reduction of pathways in the applicant’s rear yard. Planner Oosterhous cited several other conditions. Planner Oosterhous noted that the proposed use of the secondary dwelling unit is a permitted use; therefore the design review of the structure is subject to 13 8 discretionary review. In regards to the appellant’s questions regarding the size of the unit, Planner Oosterhous explained that the zoning ordinance permits a one- time only increase in allowable floor area with a recorded deed that restricts rental rates of the secondary unit to below market rates. This portion of the Zoning Ordinance implements the goals of the Housing Element of the General Plan. Mayor Waltonsmith opened the public hearing. Bob Flury, addressed the Council noting he is the architect for the property located at 14301 Peach Hill Road. Mr. Flury noted that he has been working with the City to fulfill every request and has made every effort to satisfy the neighbors. Mr. Flury stated that the building is now proposed further away from the property of the appellant than originally proposed based on complaints raised by the appellant. Cerita Johnson noted that that this secondary dwelling unit intrudes on her privacy and serenity. Dr. Johnson noted that the unit overlooks her front door, hall windows, breakfast room and her front terrace that she uses for relaxing and entertaining. Dr. Johnson stated that the design of the secondary dwelling unit avoided all policies of the design handbook. Dr. Johnson expressed her concern that the City is allowing the property owner to use the low income housing laws as an excuse to add a cabana under the umbrella of low-income housing. Dr. Johnson also stated her other concern about the bulk of the structure and the added noise. Dr. Johnson noted that if more landscaping were added her property would be enclosed and her views would be obstructed. Marcia Hirtenstein noted that her house was directly across the street from the proposed secondary dwelling unit. Ms. Hirtenstein stated that she supported Dr. Johnson’s appeal. Ms. Hirtenstein stated that she opposes the secondary dwelling unit because the proximity to the street adds to the bulk of the property and of the excess noise from the pool and the pool house, which is located near her childrens’ bedrooms. Ms. Hertenstein noted that the original design of the house did not include the secondary unit. Vice Mayor King requested that Director Sullivan state the reason why the City adopted the Second Unit Ordinance. Director Sullivan explained that the City was mandated to update the Housing Element by the State of California, which included the secondary unit ordinance. Director Sullivan stated that secondary units must meet the criteria of Design Review. Director Sullivan stated that a second unit requires a deed restriction that states if it is ever rented it would be rented as a below market rate (BMP) unit. Michael Schallop, Planning Commissioner, stated that the original plans didn’t show a secondary unit, but after the ordinance was passed the property owner added it. Tony Massie addressed the Council and noted that he was the property owner at 15301 Peach Hill Road. Mr. Massie stated that his general feeling is that he has not infringed on Mrs. Johnson’s privacy. Mr. Massie stated that he offered the appellant additional landscaping that the City did not require her to do. Councilmember Kline asked Mr. Massie why he placed the pool in the proposed 14 9 location. Mr. Massie responded that four years ago, when he bought the property, the neighbor below him complained of water running through his property from the prior owner’s pool. The issue had never been addressed. Also, Mr. Massie stated that they wanted to place the pool in a location where he and his wife could watch their children. Dr. Johnson, appellant, spoke again reiterating her concerns for approving the cabana. Mayor Waltonsmith closed the public hearing and opened the floor to Council discussion. Councilmember Kline noted that he does not find anything wrong with the Planning Commission decision and that there is no justification for the appeal. Councilmember Kline stated that he supports upholding the Planning Commission’s decision. Councilmember Streit stated that he concurred with Councilmember Kline and added that the landscaping should be increased on the street side of the property. KLINE/BOGOSIAN MOVED TO ADOPT RESOLUTION DENYING THE APPEAL OF THE CONDITIONAL APPROVAL OF DESIGN REVIEW APPLICATION 15301 PEACH HILL ROAD SUBJECT TO A REVISED LANDSCAPING PLAN WHICH IS SUBJECT TO STAFF REVIEW. MOTION PASSED 5-0-0. 4. ADOPTION OF UTILITY USER TAX ORDINANCE, ADVISORY BALLOT MEASURE REGARDING USE OF UTILITY USER TAX REVENUES, AND RESOLUTION PLACING THE ORDINANCE AND ADVISORY MEASURE ON THE NOVEMBER 2, 2004 BALLOT AND PROVIDING DIRECTION REGARDING PREPARATION OF BALLOT ARGUMENTS STAFF RECOMMENDATION: Introduce and waive first reading of Utility User Tax Ordinance to become effective only if approved by the voters of the City of Saratoga; Adopt text for Advisory Ballot Measure Regarding Use of Utility User Tax Revenues; Adopt Resolution placing advisory measure and utility user tax ordinance on the ballot for the November 2, 2004 election. If Council so wishes, designate Councilmembers to prepare ballot arguments in support of opposition to the two measures. TITLE OF RESOLUTION: 04-065 Richard Taylor, City Attorney, presented staff report. City Attorney Taylor summarized the background of the proposed Utility Users Tax. City Attorney Taylor noted that at its July 21 meeting the City Council directed staff to return with alternative language for a possible advisory measure. City Attorney Taylor noted that the staff report included two options. City 15 10 Attorney Taylor described both options stating that the first is based largely on the detailed measure presented on July 21. The second presents a shorter and more general statement of policy. A third option would be to have no advisory measure. The City Council initially requested preparation of an advisory measure for Council consideration because the use of tax revenues would not be restricted by the terms of the tax measure. However, City Attorney Taylor pointed out that there is no legal requirement that the measure be accompanied by an advisory measure. City Attorney Taylor reminded Council that because the tax would be a general tax, the decision to submit the tax to the voters must be approved “by a two-thirds vote of all members” of the City Council. That means that at least four “yes” votes are required to place the measure on the ballot. Although a general tax requires supermajority Council approval to be placed on the ballot, it requires approval by only a simple majority of the voters to be adopted. All general taxes must be considered by the voters at a regular election for members of the City Council. City Attorney Taylor explained that Attachment C of the staff report is a resolution placing the advisory measure and the utility user’s tax on the November 2, 2004 ballot. On June 2, 2004 the City Council adopted Resolution 04-040 calling a regular City election and requesting the County Registrar of Voters to consolidate that election with the regular statewide election. Attachment C would amend Resolution 04-040 to request that the advisory measure and UUT also be placed on that ballot. It also directs that the City Attorney prepare an impartial analysis of each measure. City Attorney Taylor noted that the resolution would also authorize the filing of rebuttal arguments concerning the two measures. State law provides that arguments for and against each measure may be submitted in accordance with the schedule adopted by the County Registrar of Voters. If the City wishes to authorize rebuttals to those arguments it must specifically act to do so. The resolution contains this authorization. The authorization would remain in effect for all subsequent elections unless rescinded by a future City Council. If the Council does not wish to authorize rebuttal arguments, paragraph 10 should be deleted from the resolution. In regard to ballot argument, City Attorney Taylor explained that State law provides that the City Council may authorize one or more members of the Council to file a written argument for or against each measure. In the event that multiple arguments are submitted, an argument submitted by an authorized member of the City Council would take precedence over another argument. If Council wishes, it may authorize Councilmembers to prepare arguments for or against each measure. Mayor Waltonsmith invited public comment. Anne Sanquini addressed the Council and stated that she represented “Citizens for Highway 9 Safety”. Ms. Sanquini requested that Highway 9 safety issues be added to the advisory measure. Norman Siegler, resident of Saratoga, addressed the Council in an effort to quantify and relate the revenue collected from a proposed UUT with the 16 11 community’s needs. Mr. Siegler noted various shortfalls in the City budget that could benefit from the UUT which he estimates at 5% to include maintenance and infrastructure. He noted that to cover infrastructure alone, as proposed by Council, a 5% increase is not justified. For infrastructure alone, the Finance Commission, of which he is a part, would have recommended a UUT of less than 5% but noted that other needs of the City should be addressed such as employee merit increases and building the reserves back up to sufficient levels. Councilmember King asked what Staff included in the needs versus what Norman Siegler included. Director John Cherbone clarified that the difference in needs was between steady state as opposed to adding backlogged needs. Councilmember Kline noted that he appreciated Mr. Seigler’s report. Councilmember Kline questioned what percentage would the citizens of Saratoga approve. Councilmember Kline noted that he feels that in order to pass the UUT the percentage should be set at 3.5% for general revenue growth – no advisory measure needed. Councilmember Streit stated that he doesn’t agree with Councilmember Kline that an advisory measure is needed to build confidence with the voters. Councilmember Streit stated that he could support a lower percentage. Vice Mayor King pointed out several different cities with a UUT. Vice Mayor King stated that she would support a 4% UUT with a specific advisory measure. Councilmember Bogosian noted that he has said from the beginning of this issue that there were other alternatives besides a UUT. Councilmember Bogosian stated that he feels a UUT has potential abuses. Councilmember Bogosian stated he would not support the UUT. Mayor Waltonsmith stated that the City only has one chance to go to the voters in order to generate enough revenue for the future. Mayor Waltonsmith stated that she supports a general advisory measure and 4% UUT. Referring to Option 2, Councilmember Kline suggested that “reserves” be deleted and “maintaining public safety levels” be added. Vice Mayor King noted that she concurred with Councilmember Kline. KING/KLINE MOVED TO ADOPT RESOLUTION AMENDING RESOLUTION NO. 04-040 TO PLACE AN ADVISORY MEASURE AND AN ORDINANCE ON THE BALLOT ON THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SARATOGA ON NOVEMBER 2, 2004; CHANGE 5% UUT TO 4% UUT. MOTION PASSED 4-1-0 WITH BOGOSIAN OPPOSING. KING/KLINE MOVED TO ADOPT OPTION 2 FOR THE ADVISORY MEASURE AS AMENDED. MOTION PASSED 4-1-0 WITH BOGOSIAN OPPOSING. 17 12 KING/STREIT MOVED TO DESIGNATE MAYOR WALTONSMITH, VICE MAYOR KING, COUNCILMEMBER KLINE AND COUNCILMEMBER STREIT TO PREPARE BALLOT ARGUMENTS IN SUPPORT OF THE TWO MEASURES AND COUNCILMEMBER BOGOSIAN DESIGNATED TO WRITE THE OPPOSITION TO THE TWO MEASURES; THE SAME GROUPS TO WRITE THE REBUTTALS FOR THE TWO MEASURES. MOTION PASSED 5-0-0. OLD BUSINESS 5. REPORT ON APPROACH TO RESOLVING ORCHARD DIRT AND MUD TRACKED INTO THE SARATOGA LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that the meeting between all orchard and library stakeholders to discuss possible solutions to the dirt and mud problem was held July 19. Assistant City Manager Tinfow explained the immediate steps to be taken: • Before school starts on August 21, Public Works will post a sign on Fruitvale at the start of the student-created path to the library that says “Library users please stay on pavement”; • Consider posting a volunteer from the Friends of the Saratoga Libraries or other source at the sign when school starts to make sure students follow the direction; • Consider installing device(s) at front of library to remove dirt/mud from shoes (three-sided brush fixture); • Contact school officials and alert them to the problem and the actions, and ask for their assistance. Assistant City Manager Tinfow stated that if the problem continues, all agreed to consider a 4-foot fence along 50-feet or so of the Fruitvale side of the orchard. Consensus of the City Council to move forward with the recommendations. Mayor Waltonsmith thanked Assistant City Manager Tinfow for her report. NEW BUSINESS 6. CITY WIDE FESTIVAL STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani stated that the City Council has expressed the desire to consolidate all City sponsored events into one festival. Director Pisani explained that during the past two years both the Arts and Heritage Preservation Commissions (HPC) have sponsored new events; the “Mustard Festival” being held in February and “Art in the Park”, held in September. Both have involved a considerable amount of staff time and numerous hours of volunteer support. Director Pisani noted that it 18 13 was suggested that maybe the one big event held could be named the “Blossom Festival” and, perhaps, include a parade. Director Pisani stated that at this time, there is an insufficient staffing level within the City to take on a big event, but there are some other options. Director Pisani noted that she met with Kristen Davis to inquire whether the Chamber of Commerce would be interested in sponsoring such an event. She said at this time they would not, but she felt the Chamber would support the City’s effort. Director Pisani noted that Ms. Davis did inform her that their Board just approved a Village Committee to be comprised of merchants on Big Basin Way. Their task is to sponsor special events in the downtown area. Director Pisani stated that she looked into local community services groups to sponsor a festival. Director Pisani noted that the only organization large enough to handle such an event is the Saratoga Rotary Club, which currently works all year long on the art show held the first Sunday each May. At this time, Rotary Club is not interested in taking on another big event. Director Pisani briefly explained that for years the Chamber of Commerce sponsored the annual parade. In the early 1990’s, the Chamber discontinued the parade because of the amount of work involved and lack of volunteers. Director Pisani pointed out that in 1996, Warren Lampshire, as an interested citizen, rallied support to bring back the parade. After three years, the parade was discontinued for the same reasons as cited by the Chamber. If the City decides to sponsor a big event, Director Pisani noted that the City Council could contract out to a company that specializes in event planning. Director Pisani noted that she recently contacted two event-planning companies to get information on what services they could provide. Director Pisani explained each company’s experience, proposals submitted and fees. In conclusion, Director Pisani stated that in scheduling a big outdoor event, the City should look at dates in good weather months and consider other events already scheduled this upcoming year. Vice Mayor King stated that the City has insufficient staff to sponsor events in the City. In regard to the “Mustard Walk” Vice Mayor King suggested that the HPC contact the Community Foundation. Pat Bailey, Chair of Heritage Preservation Commission, explained that the HPC would like to go forward with the planning of the “3rd Annual Mustard Walk” scheduled for February 2005. Chair Bailey noted that in 2002 the Arts Commission joined efforts with the HPC and became a co-sponsor of the event. Chair Bailey described the objectives of the “Mustard Walk” pointing out that the City’s code states that education is part of the HPC job. Chair Bailey noted that the Arts Commission and the HPC would like to request funding from the City. Mayor Waltonsmith noted that the City couldn’t allow staff to work on these types of events. 19 14 Chair Bailey responded that over the past three years the HPC and the Arts Commission have developed networks of private and public organizations that would be willing to volunteer for this event. In regard to the request for funds, Chair Bailey noted that last year several of the Commissioners paid for various aspects of the event out of their own pockets. Chair Bailey noted that past expenses ran about $600 and thought funding for a future “Mustard Walk” might run approximately $1000. Phyllis Ballingall, Heritage Preservation Commission, suggested that the City co- sponsor the event. Councilmember Bogosian commented that the Commissions and the non-profit Saratoga groups, such as the Historic Society, should work together to sponsor such events. Chair Bailey stated that it is hard for other groups to take on more than what they are already doing. Norman Keopernik noted that he thinks a citywide event is a great idea but stated that he thinks the Mustard Walk should go forward even if it’s in conjunction with the “Blossom Festival”. Council continued to discuss the issues surrounding funding and sponsorship. BOGOSIAN/STREIT MOVED TO DIRECT STAFF TO AGENDIZE THIS ITEM FOR COUNCIL DISCUSSION AT A LATER DATE. MOTION PASSED 5-0-0. 7. APPOINTMENT OF A CITY REPRESENTATIVE TO SERVE ON THE JOINT ECONOMIC DEVELOPMENT POLICY COMMITTEE (JEDPC) STAFF RECOMMENDATION: Appoint Council representative to the JEDPC. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the Cities Association Board recently approved the formation of a new Cities Association Committee, focused on economic development policies, and with the goal of providing recommendations to the Cities Association Board. The Committee's starting position is outlined in the attached memo. City Clerk Boyer explained that the Cities Association Board requested that each city appoint the Mayor or a Councilmember to serve as their city's representative on this advisory committee, the Joint Economic Development Policy Committee (JEDPC). After city appointments are made, an organizational meeting will be set, perhaps in late August. BOGOSIAN/STREIT MOVED TO APPOINT COUNCILMEMBER KLINE TO THE JEDPC AND APPOINT VICE MAYOR KING AS THE ALTERNATE. MOTION PASSED 5-0-0. 20 15 COMMISSION ASSIGNMENT REPORTS None CITY COUNCIL ITEMS None OTHER None CITY MANAGER’S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 11:45 p.m. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 21 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – November 17, 2004 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – November 17, 2004 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from November 17, 2004 22 MINUTES SARATOGA CITY COUNCIL NOVEMBER 17, 2004 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:00 p.m. Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference with Legal Counsel - Threatened litigation (Gov't Code 54956.9(b): (1 potential case) Conference With Legal Counsel – Existing Litigation: (Government Code section 54956.9(a)) Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No. 03-57342-JRG MAYOR’S REPORT ON CLOSED SESSION – 7:00 p.m. Vice Mayor King reported there was Council discussion but no action was taken. Vice Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King ABSENT: Mayor Ann Waltonsmith ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Michele Braucht, Administrative Services Director Tom Sullivan, Community Development Director John Livingstone, Associate Planner John Cherbone, Public Works Director Joan Pisani, Recreation Department Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 17, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 17, 2004 was properly posted on November 12, 2004. 23 2 ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Andrew Barnes announced his concession to the November 2, 2004 election and congratulated Aileen Kao and Ann Waltonsmith for their success. Mr. Barnes further stated that he has met a lot of nice people in the process and was able to achieve the goal of defeating the utility tax measure. Mr. Simmons noted that he is disgusted by the Planning Commission’s action at their last meeting, which was on November 10, 2004. Referring to the property located at 20423 Seagull Way, Mr. Simmons stated that the Commission based their decision on personal opinions. Mr. Simmons stated that the Chair of the Commission continually asked staff about the Commission’s authority. Mr. Simmons requested that the City Council look into their recent behavior. Bonnie Marantette stated that after receiving construction plans and requesting changes to those plans for the house located at 13641 Ronnie Way, the owner, Mr. Haas, made promises to her and the other neighbors that he would not build a carport. Currently, Mr. Haas has built what he is calling, a “BBQ area”, in the same location of the deleted carport and it is the same design as the carport. MiMi Frazier Mather stated that the neighbors on Ronnie Way are requesting the City Council’s help in regards to the construction at 13641 Ronnie Way. Ms. Mather stated that she had a petition signed by more than 60 neighbors against current construction at this location. Ms. Mather stated that she understands the City has a legal obligation but feels they have a moral obligation to the neighbors as well. Ms. Mather stated that the Council should agendize this issue and correct the problem. Tom Marantette noted that the neighbors did not receive a notice from the City in regards to the permit issued to Mr. Haas to build a BBQ area at 13641 Ronnie Way. Mr. Marantette stated that the original public hearing notice that the City sent regarding the original project never explained that once an owner took occupancy the plans could change. John Palms stated that he concurs with everything that has already been said and added that the City Council should be outraged at Mr. Haas for manipulating the system. David Mighdoll stated that the neighborhood is outraged. Mr. Mighdoll cited several code violations at 13461 Ronnie Way. Linda Fox Mighdoll thanked Vice Mayor King and Councilmember Bogosian for taking the time to go to do a site visit at 13641 Ronnie Way. Mrs. Mighdoll stated that the so- called BBQ area is the same design and location as the carport, which was not supposed to be constructed. COMMUNICATIONS FROM COMMISSIONS Richard Allen stated that he was speaking on behalf of the Finance Commission. Mr. Allen stated that the Commission would like to ask the City how the Commission might 24 3 best help them make budgetary decisions. Mr. Allen stated that the Commission realizes the Council will be making difficult budgetary decisions and would like to help in a collaborative way. Mr. Allen stated that the Commission has had several discussions to define what it means to be a minimum service city. Mr. Allen also announced that Alex Tennant is the new Chair and Norman Seigler is the new Vice Chair. COUNCIL DIRECTION TO STAFF Councilmember Bogosian requested a copy of the meeting minutes for the November 10th Planning Commission meeting. Referring to comments regarding 13461 Ronnie Way, Councilmember Kline stated that he visited the site and it’s a tough situation. He suggested that Item #5 on tonight’s agenda might be relevant to the issue. In regards to Mr. Allen’s request, Councilmember Streit requested that the Finance Commission wait for direction until after the City Council retreat which has been scheduled for February 5, 2005. City Manager Anderson suggested allowing the Commission to continue their discussion in regards to the definition of a minimum service city. Norman Seigler, Vice Chair/Finance Commission, stated that it is their responsibility to assist the Council in regards to the City’s budget. Councilmember Streit stated that new concepts may come up at the retreat and if there is consensus of the Council then the Finance Commission can get involved. Mimi Frazier Mather stated that in regards to the Ronnie Way situation, she understands that agenda item #5 is not going to specifically address their issue, but it is a global discussion to prevent similar issues from happening in the future. Ms. Mather requested clarification from Council, wanting to know if #5 would address the issue specifically and if Council would be able to provide direction to Staff as a result. City Attorney Taylor explained that agenda item #5 is to adopt a Notice of Intent to amend the City Code and will allow the City Council to discuss whether staff should pursue amendments to the City Code which would address issues like this in the future. City Attorney Taylor stated that agenda item #5, however, does not allow the Council to provide direction to staff to take a particular action with respect to the project on Ronnie Way. City Attorney Taylor stated that if Council would like to have a discussion regarding Ronnie Way, Council can request that it be placed on a future agenda. Councilmember Kline added that the Council can talk about why we are changing the ordinance as it relates to this particular case as a historical incident and define how the Council will move forward. Councilmember Bogosian stated that the City Council cannot do anything about the situation on Ronnie Way. Ms. Mather stated that she and her neighbors have been dealing with city staff and haven’t been able to obtain answers. They also addressed the Planning Commission 25 4 where they were told that the situation may not be under the jurisdiction of the Planning Commission. Ms. Mather requested a response. Vice Mayor King stated that the City Council cannot discuss this issue further as it has not been agendized. Vice Mayor King stated that two Councilmembers could request this to be agendized. ANNOUNCEMENTS None CEREMONIAL ITEMS 1A. PROCLAMATION DECLARING NOVEMBER 21-27 AS “NATIONAL FAMILY WEEK” STAFF RECOMMENDATION: Read proclamation. Vice Mayor King read the proclamation and presented it to Paul Hulme and Bret England representing the Saratoga Ministerial Association. 1B. COMMENDATION HONORING SUE BROOKS STAFF RECOMMENDATION: Present commendation. Vice Mayor King read the commendation and presented it to Sue Brooks. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES – NOVEMBER 3, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF NOVEMBER 3, 2004. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 2B APPROVAL OF CHECK REGISTER – NOVEMBER 4, 2004 STAFF RECOMMENDATION: Approve check register. KLINE/BOGOSIAN MOVED TO APPROVE CHECK REGISTER FOR NOVEMBER 4, 2004. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 26 5 2C. AMENDMENT TO CITY CODE SECTIONS 2-05.030 & 15-90.065 RELATED TO COUNCIL INITIATED APPEALS STAFF RECOMMENDATION: Waive second reading and adopt the ordinance. ORDINANCE: 232 KLINE/BOGOSIAN MOVED TO WAIVE SECOND READING AND ADOPT THE ORDINANCE AMENDING SECTIONS 2-05.030 & 15-90.065 RELATED TO COUNCIL INITIATED APPEALS. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 2D. FY 2004-2005 CDGB COUNTY/CITY CONTRACT STAFF RECOMMENDATION: Adopt resolution; approve transfer of previously approved allocation of $33,000 to Project Match to the Revolving Housing Rehabilitation Program. RESOLUTION: 04-088 Councilmember Streit requested that item 2D be removed form the Consent Calendar. Referring to the $33,000 in which staff is recommending to allocate to the Revolving Housing Rehabilitation Program, Councilmember Streit asked why staff didn’t look for a local project instead of giving funds to a Countywide project. John Livingstone, Associate Planner, responded that the Revolving Housing Rehabilitation Program, also known as the SHARP program, is a County program that rehabilitates homes for home owners who meet the criteria. Councilmember Streit stated that he would support the recommended action as long as the funds stay in Saratoga. STREIT/KLINE/ MOVED TO ADOPT RESOLUTION; APPROVE TRANSFER OF PREVIOUSLY APPROVED ALLOCATION OF $33,000 TO PROJECT MATCH TO THE REVOLVING HOUSING REHABILITATION PROGRAM. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 2E. CITY MANAGER EMPLOYMENT AGREEMENT CORRECTIONS STAFF RECOMMENDATION: Authorize Mayor to execute corrected agreement. 27 6 KLINE/BOGOSIAN MOVED TO AUTHORIZE MAYOR TO EXECUTE CORRECTED AGREEMENT WITH THE CITY MANAGER. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 2F. SARATOGA LIBRARY PROJECT FINISH WORK STAFF RECOMMENDATION: Authorize staff to contract with Shade Tree Construction for miscellaneous finish work related to the Saratoga Library. Councilmember Streit requested that item 2F be removed form the Consent Calendar. Councilmember Streit stated that he is not in favor of the contract and requested a copy of the detailed list of finish work required at the library. KLINE/BOGOSIAN MOVED TO AUTHORIZE STAFF TO CONTRACT WITH SHADE TREE CONSTRUCTION FOR MISCELLANEOUS FINISH WORK RELATED TO THE SARATOGA LIBRARY. MOTION PASSED 3- 1-1 WITH STREIT OPPOSING AND WALTONSMITH ABSENT. PUBLIC HEARING None OLD BUSINESS 3. RELINQUISHMENT OF VILLAGE SIDEWALKS STAFF RECOMMENDATION: Adopt resolution approving final Cooperative Agreement with the State of California. John Cherbone, Public Works Director, presented staff report. Director Cherbone reported that on March 17, 2004 Council signed a draft Cooperative Agreement for the relinquishment of the Village sidewalks, curbs and gutters from the State. The agreement would provide funding to perform needed infrastructure improvements and in return the City would assume maintenance responsibility and liability of the said improvements. The City Council, Assembly Member Rebecca Cohn and City staff have all worked together to bring this to fruition. Director Cherbone noted that the only substantial change in the final agreement is an additional $30,000 the City will receive for the relinquishment. Director Cherbone noted that he was able to negotiate the additional funds for the sidewalks, curbs and gutters along the frontage access road adjacent to Blaney Plaza. Director Cherbone pointed out that the City would receive a total of $741,000, compared to the $700,000 reported to Council in March. Director Cherbone explained that according to Caltrans officials the Cooperative 28 7 Agreement would be agendized for approval at the California Transportation Commission (CTC) following receipt of the executed copies of the Agreement and authorizing the City to adopt a resolution. Councilmember Kline asked how much it would cost to do additional improvements in the Village. Director Cherbone explained that in order to do a quality job it would cost approximately $1.5 million and would be very disruptive to the Village. Councilmember Streit stated that this project has been approved by Caltrans, but not by the California Transportation Commission (CTC). Director Cherbone responded that Councilmember Streit was correct that the CTC has not yet approved the project. KLINE/STREIT MOVED TO ADOPT RESOLUTION APPROVING FINAL COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. NEW BUSINESS 4. COUNTY OF SANTA CLARA REQUEST FOR FUNDING TO ASSIST WITH A COUNTYWIDE HOMELESSNESS CENSUS STAFF RECOMMENDATION: Accept report and direct staff accordingly on the attached resolution requesting an appropriation of $2,983 out of Council Contingency funds to the Countywide homelessness survey. John Livingstone, Associate Planner, presented staff report. Associate Planner Livingstone explained that the City received a letter from the Office of the County Executive requesting participation in a countywide homeless count and survey they plan to undertake as part of their 10-year plan to end homelessness. The cost for consultant services to complete and compile the survey is estimated to be $168,000. The County is asking that cities within the County share in covering the cost for the consultant’s work. Associate Planner Livingstone stated that the City of Saratoga’s share would be $2,938. Councilmember Streit stated that he supports the idea, but due to budget constraints, he would not support this request. Councilmember Kline stated that he feels this is the County’s responsibility and would not support the request. Councilmember Bogosian stated the Council received a letter from Betty Feldhym requesting that the Council help fund the County’s project. Council discussed the City’s current budget problems and the failure of the measure on the November 2004 ballot to pass, which would have increased taxes in the community to help pay for services. Consensus of the City Council was to 29 8 not contribute the $2,938 as requested by the County to support the homeless survey. City Manager Anderson noted that staff would send a letter to the County Executive Office relaying the direction of the Council. 5. RESOLUTION OF INTENT TO AMEND ARTICLE 16-05.035 RELATING TO THE ESTABLISHMENT OF A SPECIFIC PERIOD OF TIME THAT MODIFICATION OF BUILDING PLANS AND/OR DEVELOPMENT CONDITIONS MUST BE APPROVED THROUGH A NEW DESIGN REVIEW PROCESS STAFF RECOMMENDATION: Adopt Resolution of Intent. RESOLUTION: 04-089 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the resolution for adoption before Council this evening would direct staff to develop an Amendment to Article 16-05.035; which would establish a specific time frame beyond the final inspection and occupancy permit during which any modification to building plans or change to development conditions of approval would have to be approved by the approving authority. Director Sullivan explained the current code Section 16-05.035 - relating to Modification of Building Plans and Development Conditions. Director Sullivan stated that this code section does not give direction regarding how long the development conditions are enforceable. It is reasonable to assume that at some point in time a property owner can construct small additions to his/her home without being subjected to the rigors of Design Review. Director Sullivan explained the current Zoning Ordinance; code Section 15-45.065 titled Administrative Design Review. Director Sullivan noted that this section allows substantial additions to be made to single story dwellings without triggering Administrative Design Review. Reflecting on his time spent on the City of Santa Clara’s Planning Commission, Councilmember Kline stated that he thought conditions ran with the land forever. Councilmember Kline stated that in 1999 when he built his house, he did not have to go though design review or have neighborhood approval. Councilmember Kline asked when approval of design by neighbors was implemented. Director Sullivan responded that this policy was implemented in 2001. Prior to that there were no requirements by the City for a pre-application discussion with the neighbors; the first time a neighbor would hear about a project was the public hearing notice. Councilmember Kline asked if the City made the conditions run with the deed of the property. Director Sullivan responded that the City doesn’t record the conditions of approval. 30 9 Councilmember Kline stated that the City’s conditions are useless after a person moves into their house. City Attorney Taylor stated that the way the City’s ordinance is structured, once the building permit is given for something that was subject to design review has final sign-off, that approval is no longer effective. The only exception is when a use permit or subdivision maps are required. Councilmember Streit stated that the proposed ordinance would make the conditions run with the property. Councilmember Bogosian stated that noticing should be added when someone pulls a building permit. Vice Mayor King asked what other cities, like the Town of Los Gatos, do with conditions of approval. Director Sullivan stated that he contacted the Town of Los Gatos and was told that with one exception, that being the color of houses on the hillsides, which are deed restricted, the conditions go away. Councilmember Kline stated that this might fix future issues for five years, but past issues won’t be affected because there is no law to uphold it. Vice Mayor King opened the public hearing and invited public comments. Tom Marantette addressed the Council with his opinion that conditions should be included in the deed. Mr. Maranette stated that he supported the five-year time frame. Mr. Marantette stated that the City should also control hardscapes. Vice Mayor King asked Director Sullivan to comment on hardscapes. Director Sullivan stated that the zoning code allows up to 45% of total site to be impervious if the property is zoned R-1-20,000. Referring to the property owned by Mr. Haas with the covered patio structure, his property is at 37% so that there is a great deal of room that could be covered by walkways or other impervious surfaces that would not be in violation of the law. Also, Director Sullivan pointed out that no building permit is required to have flat work. David Mighdoll addressed the Council stating that he doesn’t feel a time frame should be given on conditions of approval. Mr. Mighdoll stated that conditions should stay with the property until a change is requested whether it be 60 days or 60 years. He stated that other jurisdictions allow changes any time that a property owner wants a change. Mr. Mighdoll stated that other jurisdictions make the property owner go through the entire approval process again and requested that the City do a comprehensive review of what other cities do. Mimi Frazier Mather referred to the City’s “Notice of Intent” to approve an application for new residential construction – referring to the bottom of the application where it states that the proposal would be conditionally approved when minor modifications are requested unless there is evidence that the project is 31 10 architecturally incompatible with the neighborhood, interferes with views, privacy, solar accessibility or would create an adverse affect on the environment. Ms. Mather expressed her opinion that this is contradictory to what is actually occurring. Ms. Mather stated that she and her neighbors have seen a lot of changes in her neighborhood and now are looking to Council to make the right judgment on the code. Referring back to the Haas project, Ms. Mather stated that the bottom line is that this carport corresponds with exactly what he originally intended to do. Bonnie Marantette asked when the ordinance would become effective if it were to be changed. Vice Mayor King closed the public hearing. Councilmember Kline stated that he has always believed conditions run with the life of the property. If a property owner goes through the long process of City approval of landscaping and the day after another person moves in and changes it; that is clearly wrong. Councilmember Kline stated that whether there is an absence in the City’s ordinance or not, it is our responsibility to take care of the neighbors and protect their quality of life. Referring to the property on Ronnie Way, Councilmember Kline requested that this item be agendized because the City Council needs to make a decision regarding this property. Councilmember Kline stated that he would like to request that this item be continued to another Council meeting. Councilmember Bogosian stated that he favors the ordinance instead of a deed restriction with a shorter timeframe, perhaps two years. Councilmember Bogosian stated that the City would be placing an undo burden on property owners if the timeframe is anything longer than two years. Councilmember Streit stated that he supports the ordinance but noted that conditions should stay with the property forever. Councilmember Streit asked how the City could prevent a similar situation as Ronnie Way from happening prior to a new ordinance becoming effective. City Attorney Taylor stated that the Council could bring this back as an urgency ordinance at the next meeting. City Attorney Taylor stated that if a City wants to make conditions last forever the best possible way to do this is by a deed restriction. Councilmember Kline suggested that two Councilmembers help draft the urgency ordinance. KLINE/STREIT MOVED TO ADOPT RESOLUTION OF INTENT TO AMEND ARTICLE 16-05.035 RELATING TO THE ESTABLISHMENT OF A SPECIFIC PERIOD OF TIME THAT MODIFICATION OF BUILDING PLANS AND/OR DEVELOPMENT CONDITIONS MUST BE APPROVED THROUGH A NEW DESIGN REVIEW PROCESS; BRING ORDINANCE BACK TO THE NEXT MEETING AS AN URGENCY ITEM; APPOINT COUNCILMEMBER KLINE AND COUNCILMEMBER STREIT TO WORK WITH THE CITY ATTORNEY TO DRAFT THE URGENCY ORDINANCE. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 32 11 6. INSTALLATION OF SOLAR ELECTRIC GENERATING SYSTEM ON CITY OWNED BUILDINGS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that as requested by Councilmember Kline, staff has researched the feasibility of installing solar electric generating systems on all or some of the City’s facilities. Director Pisani stated that Thomas Scott, Facilities Maintenance Supervisor, contacted three solar energy companies for preliminary analysis. Also PG&E was contacted for their input, and other cities participating in solar programs were surveyed. Director Pisani stated that Akeena Solar Inc, from Los Gatos, completed a solar site survey of all Civic Center buildings in late October and submitted a preliminary feasibility analysis. From their analysis they felt that the Community Development/Engineering/Civic Theater wing of City Hall would be the ideal location to install a solar electric generating system. The current annual PG&E bill for this facility is approximately $31,000 per year. The net price of a solar system for this building would be $124,231, and the first year savings would be approximately $7,000. With the savings increasing each year, based on conservative assumptions, the system would pay for itself, according to Akeena, in close to 13 years. Director Pisani stated that two other companies, Uni-Solar and PowerLight, have been contacted, but neither have made site visits to Saratoga. PowerLight is currently working on a project for the City of Oakland at the airport. Uni-Solar, the third firm staff contacted, offers innovative solar roofing solutions and worked with several installation companies. Their solar electric generating systems vary and they provide innovative financial options. One option they offer is to involve third party ownership. The third party pays and owns the system and they receive the tax benefits and most of the revenue generated by the system. The city would receive a rebate each year of 10% off the utility bill. With the scenario of placing the solar system on the Community Development/Engineering/Civic Theater wing of City Hall, the City would receive approximately $3,100 each year. Director Pisani stated that staff has identified six cities that are currently exploring the feasibility of installing, or have installed, solar electric generating systems on municipal facilities. Bill Scott, a representative from Akeena Solar, Inc., reported that he visited the various buildings that were owned by the City and the only roofs that would accommodate the solar panels were the Community Development/ Engineering/Civic Theater wings of City Hall. 33 12 Mr. Scott noted that he had two financing ideas. Mr. Scott explained that the Town of Los Altos Hills recently designed a new building, which has a solar generating system on it, and was able to attract low interest financing through the State. Mr. Scott noted that a second financing option would be the concept of a third party investor. Councilmember Kline suggested that staff contact the City’s grant writer to see if there were any grants that could pay for this system. Vice Mayor King thanked Director Pisani for her report. ADHOC ASSIGNMENT REPORTS Vice Mayor King reported the following information: City/School AdHoc Committee – stated that she and City Manager Anderson have been appointed to the Los Gatos-Saratoga High School District Facilities Use Committee. CITY COUNCIL ITEMS Councilmember Kline noted that he would like to appeal a recent Planning Commission decision in regards to 20423 Seagull Way. Councilmember Streit concurred with Councilmember Kline’s request. Further discussion regarding Ronnie Way was held among the City Council with Councilmember Kline requesting that this issue be agendized. In regards to this issue, Councilmember Bogosian stated that he feels everything has been said about this issue – the discussion doesn’t need to be continued. Vice Mayor King noted that she would like to continue this discussion in Closed Session. OTHER None CITY MANAGER’S REPORT None ADJOURNMENT Vice Mayor King stated that the City Council would reconvene to Closed Session in the Administration Conference Room at 9:30 p.m. There being no further business Vice Mayor King adjourned the meeting at 10:00 p.m. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 34 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – May 2, 2007 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – May 2, 2007 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from May 2, 2007 35 MINUTES SARATOGA CITY COUNCIL MEETING MAY 2, 2007 The City Council of the City of Saratoga cancelled the Closed Session due to request by Legal Council. Mayor Aileen Kao called the Regular City Council meeting to order at 7:00PM and led the Pledge of Allegiance. ROLL CALL: PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith and Mayor Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Barbara Powell, Assistant City Manager John Livingstone, Community Development Director John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on April 27, 2007) COMMUNICATIONS FROM COMMISSIONS & PUBLIC None Oral Communications on Non-Agendized Items Two Saratoga residents addressed the Council voicing a concern over the increase in rates from the new garbage collection service to selected residences. Citizen Ray addressed the Council regarding the bicycle accident along Highway 9 at Austin Way. He also presented a concept to combine financial resources with Monte Sereno and Los Gatos to support a skate park. Debbie Hanks, representing Saratoga Little League and AYSO, addressed the Council thanking them for supporting the AYSO fundraiser and requested support for a new fundraiser for shade covers for the park. Marilyn White, advisor for the Memorial Day celebration, and Cindy Ruby, president of the Foothill Club, addressed the Council. Ms. Ruby requested that the fee for hanging the Saratoga Memorial Banner be waived. Ms. White announced the Memorial Day celebration agenda for Monday, May 28, which begins at 10am at the Plaza Arch and concludes at Madronia Cemetery. 36 2 Oral Communications - Council Direction to Staff Councilmember King commented about the garbage rate increase and suggested it become an agendized item for a future Council meeting. Ms. King also suggested the Traffic Safety Commission review the Hwy. 9 bicycle accident and requested the banner request be agendized. Vice Mayor Waltonsmith suggested that the skate park concept be discussed when the Vice Mayors meet Friday, May 9th. Communications from Boards and Commissions Bill Hershman, from the Mountain Winery, addressed the Council with a report outlining improvements planned for the site. The renovation will take place over two years. He also announced that 2008 marks the 50th anniversary for concerts at the winery. Council Direction to Staff None ANNOUNCEMENTS Councilmember Page announced that the billing cycle for the new garbage service is for a three month period. He also announced that battery recycling will be starting at the City Offices. Residential recycling garbage bins from the previous service will be picked up by week’s end. Councilmember King announced the Saratoga Art Rotary Show at West Valley College on Sunday, May 6th. Councilmember Hunter announced the Pet Parade on May 19th from 10-12. Mayor Kao announced a Pancake Breakfast on Sunday, May 6th from 8:00 -12:30 at Saratoga High School. CEREMONIAL ITEMS 1A. COMMENDATION HONORING SACRED HEART CATHOLIC SCHOOL’S TEAM IN THE “ODYSSEY OF THE MIND” WORLD COMPETITION STAFF RECOMMENDATION Present commendation. Mayor Kao presented commendation to a group of six Sacred Heart students representing the Odyssey of the Mind team. 1B. APPOINTMENT OF PLANNING COMMISSION AND TRAFFIC SAFETY COMMISSION MEMBERS AND OATH OF OFFICE STAFF RECOMMENDATION Adopt resolution of appointment and administer Oath of Office. 37 3 RESOLUTION 07-026 WALTONSMITH/PAGE MOVED TO APPOINT TWO MEMBERS TO THE TRAFFIC SAFETY COMMISSION AND TWO MEMBERS TO THE PLANNING COMMISSION. Approved 5-0-0 Susie Nagpal was appointed to Planning Commission Linda Rogers was appointed to Planning Commission Mitch Kane was appointed to Traffic Safety Commission Judy Coulter was appointed to Traffic Safety Commission SPECIAL PRESENTATIONS 2A. PRESENTATION – ANGEL ISLAND FOUNDATION STAFF RECOMMENDATION Informational only. Daphne Kwong, representative of the Angel Island Foundation addressed the Council with a short presentation about the Angel Island Foundation and the history of Angel Island. She noted that the Foundation will be spending $15 million on restoration projects to be completed in 2008. 2B. VALLEY TRANSPORTATION AUTHORITY (VTA) STAFF RECOMMENDATION Informational only. Jim Lawson, Government Affairs Manager for the VTA, along with fellow staff members, presented results of a VTA study, the biannual budget and a comprehensive operations analysis. He noted the goals of the VTA are to reduce congestion by increasing ridership and to operate more efficiency. They also announced that while some routes within Saratoga will be eliminated, Community buses at reduced rates within Saratoga and other townships are being considered. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES – MARCH 21, 2007 STAFF RECOMMENDATION Approve minutes. WALTONSMITH/KING MOVED TO APPROVE MINUTES OF MARCH 21, 2007. MOTION PASSED 5-0-0 3B. CHECK REGISTER FOR APRIL 17, 2007 STAFF RECOMMENDATION Accept check register. 38 4 WALTONSMITH/KING MOVED TO ACCEPT CHECK REGISTER FOR APRIL 17, 2007. MOTION PASSED 5-0-0. 3C. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1; PRELIMINARY APPROVAL OF ENGINEERS REPORT & ADOPTION OF RESOLUTION OF INTENTION FOR FY 07-08 STAFF RECOMMENDATION Adopt resolution granting preliminary approval of the Engineer’s Report for FY 07-08; adopt Resolution of Intention. RESOLUTION 07-025 RESOLUTION 07-024 Councilmember Page requested 3C be pulled for discussion. Public Works Director, John Cherbone, presented an overview. PAGE/KING MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR FY 07-08 AND ADOPT RESOLUTION OF INTENTION. MOTION PASSED 5-0-0. 3D. 2006 PAVEMENT MANAGEMENT PROGRAM - EXTENSION OF CONSTRUCTION CONTRACT TO RAILROAD CROSSING WORK AND PEDESTRIAN SAFETY WORK STAFF RECOMMENDATION Authorize an increase to the change order authority for an existing construction contract with El Camino Paving, Inc. in the amount of $100,000. WALTONSMITH/KING MOVED TO AUTHORIZE AN INCREASE TO THE CHANGE ORDER AUTHORITY FOR AN EXISTING CONSTRUCTION CONTRACT WITH EL CAMINO PAVING, INC. IN THE AMOUNT OF $100,000. MOTION PASSED 5-0-0. 3E. ADOPT RESOLUTION INCREASING THE NUMBER OF MEMBERS ON TRAFFIC SAFETY COMMISSION FROM FIVE TO SEVEN MEMBERS STAFF RECOMMENDATION Adopt resolution. RESOLUTION 07-026 WALTONSMITH/KING MOVED TO ADOPT RESOLUTION INCREASING THE NUMBER OF MEMBERS ON TRAFFIC SAFETY COMMISSION FROM FIVE TO SEVEN MEMBERS. MOTION PASSED 5-0-0. 39 5 3F. CITY OF SARATOGA USE AGREEMENT WITH LOS GATOS – SARATOGA JOINT UNION HIGH SCHOOL DISTRICT STAFF RECOMMENDATION Accept report and authorize City Manager to execute the Agreement for Cooperative Program Planning and Use of Facilities with Los Gatos-Saratoga Joint Union High School District. Councilmember King pulled 3F for comment. KING/PAGE MOVED TO ACCEPT REPORT AND AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT FOR COOPERATIVE PROGRAM PLANNING AND USE OF FACILITIES WITH LOS GATOS- SARATOGA JOINT UNION HIGH SCHOOL DISTRICT. MOTION PASSED 5-0-0. PUBLIC HEARINGS 4. APPEAL OF DESIGN REVIEW APPLICATION NO. 07-017, WHICH WAS APPROVED BY THE PLANNING COMMISSION ALLOWING CONSTRUCTION OF A NEW TWO-STORY SINGLE-FAMILY RESIDENCE AT 20865 WARDELL ROAD. STAFF RECOMMENDATION Conduct public hearing and deny the appeal affirming the Planning Commission Design Review Approval issued on February 28, 2007. RESOLUTION 07-023 Community Development Director, John Livingstone presented the project issues brought up by the appellant; the height of the building, the driveway/road access from the homes in the area to Wardell Road and the size and bulk of the structure. Director Livingstone noted that the driveway was already approved as a prior project and is not subject to being rescinded. He also commented that the height approval is based on a new standard. After Council discussion, the Mayor opened the hearing up for public comment. The Appellant, Matt Christiano, addressed the Council reiterating his concerns about the driveway, and the height and bulk of the proposed house. He presented his viewpoints as well as a petition signed by neighbors in the immediate area. The Applicant’s spokesperson, Bart Hechtman, addressed the Council in favor of denial of appeal. Matt Christiano addressed the Council with a rebuttal. Bart Hechtman declined rebuttal. Mayor Kao closed the public hearing and opened the Council discussion. 40 6 After Council discussion, the Mayor closed the Council discussion. WALTONSMITH/ KING MOVED TO DENY APPEAL OF DESIGN REVIEW APPLICATION NO. 07-017, APPROVING THE PLANNING COMMISSION’S DECISION ALLOWING CONSTRUCTION OF A NEW TWO-STORY SINGLE FAMILY RESIDENCE AT 20865 WARDELL ROAD. MOTION PASSED 5-0-0. Mayor Kao declared a 5 minute break at 9:00pm. Council reconvened at 9:05pm. OLD BUSINESS None NEW BUSINESS 5. CONSIDER INITIATING PREPARATION OF AN ORDINANCE TO PROHIBIT BLIGHTED PROPERTY CONDITIONS AND PROVIDE DIRECTION REGARDING CONSULTATION PROCESS. STAFF RECOMMENDATION Accept report and direct staff accordingly. Legal Council Taylor presented the staff report. Mayor Kao invited public comment and the following people addressed the Council in favor of a Blight Ordinance: Ms. Ruth Coburn Dr. David Bench Mayor Kao closed public comment. Council directed staff to continue with preparation of Blight Ordinance to be reviewed at a future Council meeting. 6. DIRECTION CONCERNING AGREEMENT WITH GLOBAL SIGNAL ACQUISITIONS IV LLC/CROWN CASTLE STAFF RECOMMENDATION Accept report and direct staff accordingly. Assistant City Manager Barbara Powell presented the staff report. Mayor Kao invited public comment; seeing none, the Mayor closed public comment. Council directed staff to negotiate a higher amount for a shorter term. 41 7 7. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS AS RECOMMENDED BY THE SANTA CLARA COUNTY VALLEY WATER RESOURCES PROTECTION COLLABORATIVE STAFF RECOMMENDATION Adopt resolution adopting the Guidelines and Standards for Land-Use Near Streams as recommended by the Santa Clara Valley Water Resources Protection Collaborative. Community Development Director, John Livingstone presented the staff report. Mayor Kao invited public comment. Alan and Meg Giberson addressed the Council requesting an Ordinance to protect Saratoga streams rather than the proposed Guideline and Standards. Mayor Kao closed public comment. RESOLUTION 07-028 KING/PAGE MOVED TO ADOPT RESOLUTION ADOPTING THE GUIDELINES AND STANDARDS FOR LAND-USE NEAR STREAMS AS RECOMMENDED BY THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE. STAFF IS DIRECTED TO BRING TO COUNCIL AFTER ONE YEAR FROM ADOPTION OF THE RESOLUTION, A REPORT INDICATING THE NUMBER OF PROJECTS SUBJECT TO THE GUIDELINES, EVALUATION OF THE COMPLIANCE WITH THE GUIDELINES AND TO INCLUDE HOW OTHER CITIES DEAL WITH SIMILAR CASES. MOTION PASSED 4-1-0 WITH WALTONSMITH OPPOSING. Council direction to staff: Council requested that staff add this topic to the list of items requiring prioritization. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Aileen Kao West Valley Mayors and Managers Association – focusing on finding a remedy to the VTA routes that were cancelled. City School AdHoc – met to come up with agreement Vice Mayor Ann Waltonsmith – nothing to report Councilmember Chuck Page Chamber of Commerce – moved monthly meetings to Thursdays. Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC). West Valley Sanitation District – under contract for payroll. West Valley Solid Waste Joint Powers Association – meeting next week to discuss. various concerns. Recycling is up due to ease of recycling. 42 8 Councilmember Kathleen King Santa Clara County Cities Association – future meeting planned for City Managers and City Planning Directors. Trail is planned from Guadalupe Creek to the edge of Saratoga. Valley Transportation Authority PAC –VTA report City School AdHoc – Negotiating with Prospect High School to expand field use to Saturday. Prospect Road AdHoc – quotes for medians are underway. Councilmember Jill Hunter Library Joint Powers Association – met, discussed support of new bond measure. Village AdHoc – Garden plan for historical park underway. An employee from Scott’s Fertilizer is providing supplies for the park project at no cost. CITY COUNCIL ITEMS Councilmember King: • Suggested agendizing a review of the policy for dedicating trees and benches. • Suggested agendizing how City events should be handled with invitations, etc. • Suggested Council form an Ad Hoc regarding the House Family request for a private road. Councilmember Page: • Announced that he has been selected as a participant in the League of California Cities Leadership Institute, August 22-24. OTHER Nothing CITY MANAGER’S REPORT Dave Anderson reported briefly about the annual Gonsalves Appreciation Day attended by City Manager Anderson, Mayor Kao and several Council members. Various elected State officials spoke on topics relevant to cities. ADJOURNMENT WALTONSMITH/PAGE MOVED TO ADJOURN THE REGULAR MEETING. MOTION PASSED 5-0-0. There being no further business, Mayor Kao adjourned the Regular meeting at 10:30pm. Respectfully submitted. Ann Sullivan, CMC Acting City Clerk 43 SARATOGA CITY COUNCIL MEETING DATE: August 6, 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 – August 1, 2007 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Previously approved minutes on September 5, 2007. (Corrections made to minutes – posting date, spelling, grammar, and punctuation.) Approve minutes as submitted for the Regular City Council Meeting – August 1, 2007. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from August 1, 2007 44 MINUTES SARATOGA CITY COUNCIL AUGUST 1, 2007 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Barbara Powell, Assistant City Manager, and Monica LaBossiere, Human Resources Manager Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Dave Anderson, City Manager Employee organization: SMO Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representative: Barbara Powell, Assistant City Manager and Monica LaBossiere, Human Resources Manager Employee organization: Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their Affiliated Locals Conference With Legal Counsel - Existing Litigation (1 case) (Government Code section 54956.9(a)): Suto v. Saratoga et al. (Santa Clara County Superior Court Case No.107CV078657 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code 54957) Title: City Manager PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code 54957) Title: City Attorney The City Council held a Joint meeting at 6:00 p.m. with the Saratoga Chamber of Commerce in the Administrative Conference Room. MAYOR’S REPORT ON CLOSED SESSION Mayor Kao stated that there was no reportable information. Mayor Kao called the Regular City Council meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao ABSENT: None 45 2 ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Barbara Powell, Assistant City Manager Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Interim Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 1, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 1, 2007, was properly posted on July 26, 2007. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Andrea Boscoe-McGhee explained that over the past couple of Saturdays she has been walking along Saratoga-Sunnyvale Road picking up garbage. Ms. Boscoe-McGhee noted that she picked up several cups from Starbucks. Ms. Boscoe-McGhee stated that the City should form a committee to adopt the City and clean it up. Ms. Boscoe-McGhee noted that she created a plan called “Keep Saratoga Clean”. Ms. Boscoe-McGhee read a letter her daughter Chole McGhee asking the Council to help her clean up Saratoga. COUNCIL DIRECTION TO STAFF In regards to Ms. Boscoe-McGhee’s comments, Councilmember King asked that this item be agendized. Councilmember King stated that she is always getting calls from residents who want to volunteer. Councilmember Hunter noted that she agrees with Ms. Boscoe-McGhee’s comments, she is constantly picking up trash in the Village. COMMUNICATIONS FROM BOARDS AND COMMISSIONS J.R. Ellis stated that he was the treasurer of the Saratoga Chamber of Commerce. Mr. Ellis noted that prior to this meeting the Chamber Board met with the City Council. Mr. Ellis stated that they are increasing membership about one to two new members per week. Mr. Ellis announced that the 19th Annual Celebrate Saratoga would be held on September 15, 2007. ANNOUNCEMENTS Vice Mayor Waltonsmith announced that on August 9th at 10:00 a.m. at City Hall the Sister City student exchange program would be holding a reception for the students visiting Saratoga from Muko, Japan. Vice Mayor Waltonsmith announced that on September 27th at 6:00 p.m. in the Saratoga Community Center’s Multi Purpose Room the first Green LEAF meeting would take 46 3 place. This group is a tri-city venture, which includes, the cities of Monte Sereno and Saratoga and the Town of Los Gatos. This group will discuss how our citizens can help themselves in finding ways to live a more environmentally sensitive lifestyle. Councilmember Page noted that most people might notice that on your tax bill there is a line item charge for the West Valley Sanitation District. Councilmember Page explained that recently the District has performed some renovations on the sewer lines on Springer Avenue, McDole Street, and Aspesi Drive. CEREMONIAL ITEMS 1. COMMENDATION HONORING LISA MARIE BURLEY STAFF RECOMMENDATION: Present commendation. Mayor Kao read the proclamation and presented it to Ms. Burley. SPECIAL PRESENTATIONS 2. UPDATE ON THE WEST VALLEY COLLEGE CONSTRUCTION PROJECTS STAFF RECOMMENDATION: Informational only. Board Trustees Jack Lucas and Don Cordero and President Phil Hartley provided the City Council an overview of the construction projects at West Valley College. CONSENT CALENDAR 3. REVIEW OF ACCOUNTS PAYABLE AND PAYROLL CHECK REGISTERS STAFF RECOMMENDATION: Accepts the Check Registers for: Accounts Payable: July 11, 2007 and July 18, 2007 Payroll: July 19, 2007 WALTONSMITH/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE JULY 11, 2007 AND JULY 18, 2007 AND PAYROLL JULY 19, 2007. MOTION PASSED 5-0. 4. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: Adopt resolution authorizing the continued use of the Citizen Options for Public Safety (COPS) program's Supplemental Law Enforcement Services Fund (SLESF) grant as a source of funds for additional public safety services. RESOLUTION: 07- 056 47 4 WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION AUTHORIZING THE CONTINUED USE OF THE SLESF FUNDS. MOTION PASSED 5-0. 5. LICENSE AGREEMENT WITH SARATOGA SISTER CITY FOR STORAGE SHED AT NORTH CAMPUS STAFF RECOMMENDATION: Accept report and adopt the resolution approving the License Agreement with the Saratoga Sister City. RESOLUTION: 07- 057 WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION APPROVING THE LICENSE AGREEMENT WITH THE SARATOGA SISTER CITY. MOTION PASSED 5-0. 6. MOTOR VEHICLE (MV) RESOLUTION STAFF RECOMMENDATION: Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping” on Sobey Meadows Court. RESOLUTION: MV-267 WALTONSMITH/PAGE MOVED TO ADOPT MOTOR VEHICLE RESOLUTION AUTHORIZING “NO PARKING OR STOPPING” ON SOBEY MEADOWS ROAD. MOTION PASSED 5-0. 7. INITIAL MITIGATION EFFORTS FOR REMOVAL OF AN ILLEGAL BICYCLE TRAIL IN THE PARKER RANCH SUBDIVISION - APPROPRIATION OF FUNDS STAFF RECOMMENDATION: Approve $5,000 in Council Contingency funds for initial mitigation efforts to remove an illegal bicycle trail in the Parker Ranch Subdivision. WALTONSMITH/PAGE MOVED TO APPROVE $5,000 IN COUNCIL CONTINGENCY FUNDS FOR INITIAL MITIGATION EFFORTS TO REMOVE AN ILLEGAL BICYCLE TRAIL IN THE PARKER RANCH SUBDIVISION. MOTION PASSED 5-0. 8. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 ANNEXATION 2007-1, ZONE NO. 33 - APPROVAL OF BUDGET ADJUSTMENT RESOLUTION FOR FY 07-08 STAFF RECOMMENDATION: Move to adopt the budget adjustment resolution increasing both revenues and expenditures for Landscaping and Lighting Assessment District LLA-1 for the amount of $3,200. RESOLUTION: 07-053 48 5 WALTONSMITH/PAGE MOVED TO ADOPT THE BUDGET ADJUSTMENT RESOLUTION INCREASING BOTH REVENUES AND EXPENDITURES FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FOR THE AMOUNT OF $3,200. MOTION PASSED 5-0. 9. MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR AFFILIATED LOCALS (UNION) STAFF RECOMMENDATION: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Memorandum of Understanding with the Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties Conference Board and Their Affiliated Locals (Union) for the period July 1, 2007 through September 30, 2011, and authorize the City Manager to execute the MOU. Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. Barbara Powell, Assistant City Manager, asked that this item be tabled and brought back at a subsequent meeting. KING/PAGE MOVED TO CONTINUE THIS ITEM TO A FUTURE AGENDA. MOTION PASSED 5-0. 10. MEMORANDUM OF UNDERSTANDING WITH SARATOGA EMPLOYEES ASSOCIATION STAFF RECOMMENDATION: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Saratoga Employees Association (SEA) for the period July 1, 2007 through September 30, 2011, and authorize the City Manager to execute the MOU. RESOLUTION: 07-054 Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. Barbara Powell, Assistant City Manager, explained that staff asked that item 10 be pulled to make one correction in the staff report. Assistant City Manager Powell stated that in the report summary the term of the agreement should be July 1, 2007 – September 30, 2011. PAGE/WALTONSMITH MOVED TO ADOPT THE RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION (SEA) FOR THE PERIOD JULY 1, 2007 THROUGH SEPTEMBER 30, 2011, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MOU. MOTION PASSED 5-0. 49 6 11. MEMORANDUM OF UNDERSTANDING WITH THE SARATOGA MANAGEMENT ASSOCIATION STAFF RECOMMENDATION: Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the Saratoga Management Association (SMO) for the period July 1, 2007 through September 30, 2011, and authorize the City Manager to execute the MOU. RESOLUTION: 07-055 Vice Mayor Waltonsmith requested that this item be removed from the Consent Calendar. Barbara Powell, Assistant City Manager, explained that staff asked that item 10 be pulled to make one correction in the staff report. Assistant City Manager Powell stated that in the report summary the term of the agreement should be July 1, 2007 – September 30, 2011. PAGE/WALTONSMITH MOVED TO ADOPT THE RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE SARATOGA MANAGEMENT ASSOCIATION (SMO) FOR THE PERIOD JULY 1, 2007 THROUGH SEPTEMBER 30, 2011, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE MOU. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 12. PROSPECT ROAD MEDIAN IMPROVEMENT PROJECT - AGREEMENT FOR PROFESSIONAL DESIGN SERVICES STAFF RECOMMENDATION: 1. Move to authorize the City Manager to execute an Independent Contractor Agreement between the City of Saratoga and Callander Associates Landscape Architecture, Inc. for professional design services in the amount of $28,098 and an additional allocation in the amount of $2,500 for subsurface investigation. 2. Authorize the Mayor to sign a letter of understating with the City of San Jose regarding the project. The following person requested to speak on this item: Fran Colletti asked for Council’s support to move forward on this project. Mrs. Colletti stated that in 2001 she collected a lot of signatures supporting this project. Mrs. Collettti stated that she is discouraged on how slow the process is going. WALTONSMITH/PAGE MOVED TO DIRECT STAFF TO OBTAIN A LETTER OF UNDERSTANDING FROM THE CITY OF SAN JOSE STATING THAT THEY WILL COOPERATE WITH THE PLAN BEFORE 50 7 THE CITY MANAGER OF SARATOGA CAN APPROVE CONTRACT WITH CALLANDER ASSOCIATES. MOTION PASSED 4-1 WITH HUNTER OPPOSING. WALTONSMITH/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF SARATOGA AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. FOR PROFESSIONAL DESIGN SERVICES IN THE AMOUNT OF $28,098 AND AN ADDITIONAL ALLOCATION IN THE AMOUNT OF $2,500 FOR SUBSURFACE INVESTIGATION. MOTION PASSED 5-0. NEW BUSINESS 13. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Designate a voting delegate and alternate for the League’s Annual Conference. WALTONSMITH/KING MOVED TO APPOINT CHUCK PAGE AS VOTING DELEGATE AND JILL HUNTER AND DAVE ANDERSON AS THE ALTERNATES. MOTION PASSED 5-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao reported the following information: Hakone Foundation – event at Phil Boyce’s house on September 15th to celebrate the 83rd anniversary of Madame Butterfly. West Valley Mayors and Managers Association – discussed the proposed expansion of the Hanson Permanente Cement quarry. Vice Mayor Waltonsmith reported the following information: Hakone Foundation – recently held a special meeting for team building. Councilmember Page reported the following information: West Valley Solid Waste Joint Powers Association – noted that the next Board meeting would be held on September 21, 2007 at 5:00 pm at the Town of Los Gatos City Council Chambers. Councilmember King reported the following information: Peninsula Division, League of California Cities – annual dinner on Thursday, August 2, 2007. Valley Transportation Authority PAC – filling in for Councilmember Sandoval at the Board meeting. Important item for discussion is SB 286. City School AdHoc – new schedule at West Valley College for field use. Councilmember Hunter reported the following information: Santa Clara County Valley Water Commission – reported that the Board has been discussing potential water conversation efforts with in the next year. 51 8 CITY COUNCIL ITEMS Councilmember King requested a status report on the City’s efforts of establishing a household battery drop off site at City Hall. City Manager Anderson noted that he would include her request in the weekly newsletter. Councilmember King requested that City staff provide the URL for the Planning Commission’s discussion regarding the St. Archangel Michael Church. Vice Mayor Waltonsmith requested that the City Attorney provide the Council and staff with Brown Act and Public Records Act training in the near future. City Attorney Taylor responded that he would work with City Manager Anderson to schedule training for City Council and staff. Referring to an article she saw in the San Jose Mercury News, Vice Mayor Waltonsmith asked if the City would be willing to discontinue buying bottled water. Vice Mayor Waltonsmith suggested using carafes of water at the dais instead of bottles. City Councilmembers agreed to use carafes instead of bottled water. OTHER None CITY MANAGER’S REPORT City Manager Anderson noted that he would be on vacation from August 4-19, 2007 and Assistant City Manager Powell would be acting City Manager. ADJOURNMENT There being no further business Mayor Kao adjourned the regular meeting at 9:30 p.m. and noted that Council would be returning to Closed Session in the Administrative Conference Room. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 52 SARATOGA CITY COUNCIL MEETING DATE: August 6, 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 17, 2007 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – October 17, 2007 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from October 17, 2007. 53 City Council Minutes October 17, 2007 1 MINUTES SARATOGA CITY COUNCIL OCTOBER 17, 2007 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference With Legal Counsel - Significant Exposure to Litigation (54956.9(b) - 1 case Conference With Legal Counsel - Existing Litigation (1 case) (Government Code section 54956.9(a)): Giberson v. City of Saratoga, Santa Clara County Superior Court Case No. 1-06- CV-072297 Conference With Legal Counsel - Existing Litigation (1 case) (Government Code section 54956.9(a)): Giberson v. City of Saratoga, Santa Clara County Superior Court Case No. 1-06- CV-076883. The City Council held a Joint meeting at 6:00 p.m. with the Los Gatos - Saratoga Union High School District in the Administrative Conference Room. MAYOR’S REPORT ON CLOSED SESSION Mayor Kao stated that there was no reportable information. Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice Mayor Ann Waltonsmith, Mayor Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 17, 2007 54 City Council Minutes October 17, 1007 2 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 17, 2007, was properly posted on October 12, 2007. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Renee Davis noted that she lived at 14466 Sobey Road. Mrs. Davis stated that the creek bed that runs through the lot next-door (14478 Sobey Road) to her property is full of growth and debris. Mrs. Davis explained that when it rains the water cannot flow freely through the creek bed, frequently floods their property or pools of water form around her property, and become stagnant. Mrs. Davis stated that she has contacted the City and finally received a letter from Jonathan Wittwer indicating that the City had no jurisdiction over the issue and it was between her and her neighbor. Mrs. Davis stated that in her opinion, after reading the City’s municipal code, the City could take action. Bill Ford suggested using a portion of the money that has been allocated towards the Kevin Moran Park Improvement Project to help renovate the North Campus. Peter Villarreal stated the he represented the Mid-Peninsula Housing Coalition. Mr. Villarreal spoke in regards to two affordable housing projects located in the City of Campbell, The Palms and Sharmon Palms. Mr. Villarreal stated that Mid-Peninsula would like the City to negotiate and agree to: 1. Restructure the existing terms of the City’s promissory notes for Sharmon Palms and The Palms 2. Partner with the City to maintain safe, affordable rental housing in the West Valley region 3. Rehabilitate Sharmon Palms and The Palms to meet Mid-Peninsula standards in continuing their mission statement. Citizen Ray mentioned a dead tree on Fruitvale Avenue and the ongoing issue in the Town of Los Gatos regarding Vasona Park. The following people spoke on behalf of the Saratoga National Junior Basketball League: Tom Alexander John Schmelzer Marc Hoffman Lisa Hudepohl Jacqueline Hudepohl Doug Robertson Elaine Clabeaux requested that the City reinstate the Parks and Recreation Commission. Denise Goldberg pointed out ten reasons why the Council should reinstate the Parks and Recreation Commission. Sujatha Bodapati requested that the City Council develop a vision or a plan on how the North Campus should be used. Ms. Bodapati also suggested that the Council form a task force in order to received input from the citizens of Saratoga. 55 City Council Minutes October 17, 1007 3 COUNCIL DIRECTION TO STAFF In regards to Mrs. Davis comments, Vice Mayor Waltonsmith requested additional information about the situation. Councilmember Page requested that the Mid Peninsula Housing Coalition be addressed in the weekly newsletter. Councilmember King stated that she would rather see it on a Council meeting agenda. Councilmember Page concurred with Councilmember King’s request. Councilmember King requested that the City Manager meet with Mrs. Davis. Consensus of the Council to direct City Manager Anderson to meet with Mrs. Davis. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Cary Matsuoka stated that he was the Superintendent of the Los Gatos - Saratoga Union High School District. Superintendent Matsuoka noted that the Board has started to participate in Project Cornerstone and trying hard to find more ways to involve the students in the community. Cynthia Chang stated that she was the current President of the Los Gatos - Saratoga Union High School District. Mrs. Chang requested that the City post school events on the City’s website. ANNOUNCEMENTS Councilmember Hunter announced the following events: Grand Opening ceremony of the McWilliams House - October 20, 2007 Witchi-Walk-About - October 27th from 2-4 p.m. Councilmember Page announced that WVC&R will begin the City’s annual clean up on November 5th and will finish on February 29, 2008. Councilmember Page noted that residents would receive a notice from WVC&R approximately two weeks prior to the scheduled pick up date. Councilmember Page announced that the Town of Los Gatos would be hosting a Town Hall meeting on October 19, 2007 featuring Senator Abel Maldonado. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CITY COUNCIL MINUTES 56 City Council Minutes October 17, 1007 4 STAFF RECOMMENDATION: Approve minutes. PAGE/WALTONSMITH MOVED TO APPROVE COUNCIL MINUTES FROM SEPTEMBER 5, 2007. MOTION PASSED 5-0. 2. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: Accept the Check Registers for the following Accounts Payable payment cycles: September 27, 2007, October 3, 2007. PAGE/WALTONSMITH MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: SEPTEMBER 27, 2007, OCTOBER 3, 2007. MOTION PASSED 5-0. 2. APPROVING APPLICATION FOR CALIFORNIA RIVER PARKWAYS GRANT PROGRAM – PROPOSITION 50 STAFF RECOMMENDATION: Approve Resolution Supporting California River Parkways Grant Application. RESOLUTION: 07-068 PAGE/WALTONSMITH MOVED TO ADOPT RESOLUTION SUPPORTING CALIFORNIA RIVER PARKWAYS GRANT APPLICATION. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 3. OPTIONS TO REGULATE TRESPASSING ON OPEN SPACE EASEMENTS STAFF RECOMMENDATION: Review report regarding options to regulate trespassing on open space easements and provide direction to staff. Richard Taylor, City Attorney, presented staff report. Consensus of the City Council to direct City Attorney to draft an ordinance to impound bicycles on the second offense and direct the Sheriff’s Office to continue to patrol the area. NEW BUSINESS 4. CHAMBER OF COMMERCE CELEBRATE SARATOGA 2007 57 City Council Minutes October 17, 1007 5 STAFF RECOMMENDATION: Accept report and provide direction to staff. Michael Taylor, Recreation Director, presented staff report. The following people requested to speak on this item: Vance Nelson noted that he was the Vice President of the Saratoga Chamber of Commerce. Mr. Nelson stated that the Chamber needs to find other ways to raise funds or cut services. Mr. Nelson noted that the Chamber would like to find another event for next year that would benefit everyone. J.R. Ellis noted that he was on the Chamber Board. Mr. Ellis stated that even though there were a few negative comments, thousands of other people enjoyed the event. Mr. Ellis stated that he feels Celebrate was a success. Mr. Ellis stated that there were some teens drinking, but according to Captain Calderone teen drinking is a nation wide problem. Councilmember Page noted that the Chamber realizes that it’s time for a change. Councilmember King noted that the City is not big enough to make Celebrate safe for teens. Councilmember King noted that she always felt if a major accident happened at Celebrate it would be time for a change. Councilmember Hunter noted that Celebrate has gotten out of control. Councilmember Hunter urged the Chamber to sponsor a daytime event so the merchants could stay open. Vice Mayor Waltonsmith encouraged the Chamber to think outside the box. Vice Mayor Waltonsmith stated that she would like to see an event where the merchants could stay open. Mayor Kao suggested that the Board look at new ways to celebrate Saratoga. Mayor Kao thanked Director Taylor for his report. 5. REVIEW OF CITY COUNCIL POLICY CONCERNING CONTINUANCES OF APPEAL HEARINGS STAFF RECOMMENDATION: Review the City Council Policy Concerning Continuances of Appeal Hearings and provide direction to staff concerning any proposed revisions. Richard Taylor, City Attorney, presented staff report. Consensus to the City Council to direct staff to draft a revised continuance hearing policy to include a deadline of no later than 14 days prior to the date set for hearing to ask for a continuance by either the appellant or applicant. 6. APPOINTMENT TO THE COMPREHENSIVE COUNTY EXPRESSWAY PLANNING STUDY POLICY ADVISORY BOARD (PAB) 58 City Council Minutes October 17, 1007 6 STAFF RECOMMENDATION: Appoint one member and an alternate member to the Policy Advisory Board (PAB) for the Comprehensive County Expressway Planning Study. Cathleen Boyer, City Clerk, presented staff report. Consensus of the City Council to appoint Vice Mayor Waltonsmith as the City’s representative to the PAB and Mayor Kao as the alternative. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kao reported the following information: West Valley Mayors and Managers Association – met with Mike Honda and discussed funding for Highway 9, emergency preparedness, and “green” polices. Vice Mayor Waltonsmith reported the following information: Hakone Foundation – looking for dates to hold first design meeting for teahouse. KSAR – investigating other television stations in order to look for ways to merge to retain current service levels. Councilmember Page had no reportable information. Councilmember King reported the following information: Santa Clara County Cities Association – presentation on Healthy Aging. Valley Transportation Authority PAC – discussed membership for next year. Dolly Sandoval of Cupertino may be nominated to serve as Vice Chair. City School AdHoc – recent discussion regarding Pop Warner and their use of their PA system. Councilmember Hunter reported the following information: Historic Foundation – moving ahead with their education program and need new members. CITY COUNCIL ITEMS Councilmember Page noted that a member of the SASCC Board asked him how the Brown Act applies to them. Councilmember Page requested that City staff provide the Board with information. OTHER None CITY MANAGER’S REPORT None ADJOURNMENT WALTONSMITH/PAGE MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0. 59 City Council Minutes October 17, 1007 7 There being no further business Mayor Kao adjourned the regular meeting at 10:05 p.m. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 60 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – July 16, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – July 16, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from July 16, 2008 61 MINUTES SARATOGA CITY COUNCIL JULY 16, 2008 CLOSED SESSION – 5:40 P.M. – ADMINISTRATIVE CONFERENCE ROOM 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel – Anticipated Litigation: Initiation of Litigation pursuant to Government Code section 54956.9(c)): (1 potential case) MAYOR’S REPORT ON CLOSED SESSION Mayor Waltonsmith stated there was no reportable information. OPEN SESSION – 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. The City Council held a Joint Meeting with the Saratoga Area Senior Coordinating Council (SASCC) at 6:00 P.M. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00P.M. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Michael Taylor: Recreation Director Shweta Bhatt, Associate Planner Terence Calderone, Captain, Santa Clara County Sheriff’s Office Barbara Powell, Assistant City Manager REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 16, 2008 was properly posted on July 10, 2008. ORAL COMMUNICATIONS Citizen Ray –addressed the Council regarding the funding accountability for the Highway 9 Project. He also commented on the progress of saving “The Mountain” in Los Gatos from development. 62 2 Cheriel Jensen – addressed the Council regarding her concern over the proposed July 23rd fogging for West Nile Virus and the possible side effects. Assemblymember Jim Beall – presented an update on the status of the State Budget. Meg Giberson – addressed the Council regarding her concerns for public records requests and the unavailability of said records. COUNCIL DIRECTION TO STAFF Councilmember Hunter asked for clarification on notification of proposed dates for fogging for West Nile Virus (WNV). City Manager Dave Anderson noted Santa Clara County Vector Control District will notify the City in advance of a proposed fogging and confirmed that the District has scheduled a WNV fogging for portions of east Saratoga for Wednesday, July 23rd and noted residents could visit the Saratoga Website or listen to the city’s 1610AM radio station for additional information regarding the proposed fogging. Councilmember Hunter also asked for clarification on the city’s policy regarding timely responses to public records requests. Attorney Richard Taylor noted that in some instances a working city file may contain attorney/client privilege communications and as a general practice the City may review the file for such privileged materials prior to making the file open to the public. Councilmember Kao asked if there was a policy regarding the City’s response to a public records request such as a 24 hour response time to the person requesting a public record. Attorney Taylor noted that staff generally responds as soon as possible; however, the law provides that the City must respond within 10 days indicating the period of time in which the City will provide the documents and that usually staff responds and provides the requested documents within that 10 day time frame, depending upon the size of the project file that has been requested. COMMUNICATION FROM BOARDS AND COMMISSIONS George Bunyard, President of Saratoga Area Senior Coordinating Council (SASCC), addressed the Council regarding the Joint meeting with Council prior to the Regular meeting. He noted SASCC has had a medium growth in terms of monetary assets over the past year; they are planning a retreat for the Board of Directors on July 26, 2008 in which they plan to set goals and strategies for the coming year and plan to work on improving their organizational performance. ANNOUNCEMENTS Community Development Director John Livingstone introduced the newest planner to the department – Cynthia McCormick. Councilmember Hunter announced the upcoming Swing Dance on Big Basin Way on Saturday evening, July 19th at 5:30 and the Rock N Roll Band on August 2nd and invited everyone to 63 3 attend. She also noted the Saratoga News was running a two-page ad regarding current activities and events in the Village. Mayor Waltonsmith announced the August 3rd San Jose Giants baseball game that the Silicon Valley Association of Realtors was sponsoring and noted the proceeds from this game would go towards the City of Saratoga Youth Programs and the Town of Los Gatos Recreation Department. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 1. PRESENTATION ON MEASURE A - 2008 STAFF RECOMMENDATION: Informational only. Norman Kline, former Saratoga Mayor and Valley Medical Foundation Board Member, and Kris Wilder, Director of Valley Medical Center, gave an information only presentation on Measure A – Valley Medical Center Seismic Safety Committee. CONSENT CALENDAR 2. STUDY SESSION MINUTES - JUNE 24, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KAO MOVED TO APPROVE CITY COUNCIL STUDY SESSION MINUTES OF JUNE 24, 2008. MOTION PASSED 5-0-0. 3. CITY COUNCIL MINUTES - JULY 2, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 2, 2008. MOTION PASSED 5-0-0. 4. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS. STAFF RECOMMENDATION: Accept the Check Registers for the following Accounts Payable payment cycles: June 26, 2008 June 3, 2008 PAGE/KAO MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: JUNE 26, 2008 AND JUNE 3, 2008. MOTION PASSED 5-0-0. 64 4 5. AUTHORIZATION TO SELL SURPLUS PROPERTY TO THE HAKONE FOUNDATION. STAFF RECOMMENDATION: Move to authorize the sale of 1995 Chevrolet S-10 Pick-up previously declared surplus by the City. PAGE/KAO MOVED TO AUTHORIZE THE SALE OF 1995 CHEVROLET S-10 PICK-UP PREVIOUSLY DECLARED SURPLUS BY THE CITY. MOTION PASSED 5-0-0. 6. ADOPT THE AMENDMENT TO CITY CODE PROCEDURES FOR SETTING APPEAL HEARINGS. STAFF RECOMMENDATION: Waive the Second Reading and adopt the Proposed Ordinance Amendment. ORDINANCE NO. 259 PAGE/KAO MOVED TO WAIVE THE SECOND READING AND ADOPT THE PROPOSED ORDINANCE AMENDMENT TO CITY CODE PROCEDURES FOR SETTING APPEAL HEARINGS. MOTION PASSED 5-0-0. 7. SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY PHASE 2 PROJECT (FEDERAL PROJECT STPL-5332-010) – NOTICE OF COMPLETION. STAFF RECOMMENDATION: Move to accept the Saratoga-Sunnyvale Road Rehabilitation & Overlay Phase 2 Project as complete and authorize staff to record the Notice of Completion for the construction contract. PAGE/KAO MOVED TO ACCEPT THE SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY PHASE 2 PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0. 8. SARATOGA VILLAGE PARKING AND VALET SERVICE REPORT – APPROVAL OF MOTOR VEHICLE RESOLUTIONS. STAFF RECOMMENDATION: 1. Accept report and provide direction to staff. 2. Approve Motor Vehicle Resolution replacing “15 Minute Parking 9:00 AM – 10:00 PM” in front of 14577 Big Basin Way (APN: 503-25-007) with “15 Minute Parking” 9:00 AM – 6:30 PM”. 3. Approve Motor Vehicle Resolution replacing Commercial Loading Zone in front of 14527 Big Basin Way, APN: 503-24-029 with “Two Hour Parking”. 4. Approve Motor Vehicle Resolution replacing “15 Minute Parking” in front of 14444 Big Basin Way (APN: 503-24-008) with “Two Hour Parking”. 65 5 MV RESOLUTION: MV-277 MV RESOLUTION: MV-276 MV RESOLUTION: MV-278 PAGE/KAO MOVED TO: 1) ACCEPT REPORT. 2)APPROVE MOTOR VEHICLE RESOLUTION REPLACING “15 MINUTE PARKING 9:00 AM – 10:00 PM” IN FRONT OF 14577 BIG BASIN WAY (APN: 503-25-007) WITH “15 MINUTE PARKING” 9:00 AM – 6:30 PM”. 3) APPROVE MOTOR VEHICLE RESOLUTION REPLACING COMMERCIAL LOADING ZONE IN FRONT OF 14527 BIG BASIN WAY, APN: 503-24-029 WITH “TWO HOUR PARKING”. 4) APPROVE MOTOR VEHICLE RESOLUTION REPLACING “15 MINUTE PARKING” IN FRONT OF 14444 BIG BASIN WAY (APN:503-24-088) WITH “TWO HOUR PARKING”. MOTION PASSED 5-0-0. 9. AGREEMENT CONCERNING JOINT USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY (PROSPECT HIGH SCHOOL) STAFF RECOMMENDATION: Approve Joint Use Agreement with Campbell Union High School District for use of District Property and authorize the City Manager to execute the same. Councilmember King removed this item for comment. She asked Director Cherbone to come up to the podium and thanked him for his outstanding work in negotiating a successful Joint Use Agreement with the Campbell Union High School District. In addition, she asked staff to look into applying for an award from the League of California Cities for this Joint Use project. KING/KAO MOVED TO APPROVE JOINT USE AGREEMENT WITH CAMPBELL UNION HIGH SCHOOL DISTRICT FOR USE OF DISTRICT PROPERTY AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. PUBLIC HEARINGS 10. APPEAL APCC08-0002 – APPEAL OF A DESIGN REVIEW APPROVAL BY THE PLANNNG COMMISSION (DESIGN REVIEW APPLICATION PDR07-0016) TO CONSTRUCT A NEW TWO-STORY SINGLE-FAMILY RESIDENCE AT 20731 SAINT CHARLES STREET. STAFF RECOMMENDATION: Staff recommends the City Council deny the appeal, thus approving the proposed new two- story residence. Associate Planner Shweta Bhatt presented the staff report. Council asked no questions at this time. Appellant Paul Ginouves addressed the Council on behalf of himself and his wife Gwen Francis. He began his comments by asking for written clarification as to why a demolition 66 6 permit was issued to demolish a turn-of-the-century home. He also noted the reasons for filing the appeal and asked Council to uphold the appeal. Co-Appellant Linda Ringsrud addressed the Council stating her reasons for filing the appeal and asked Council to uphold the appeal. Applicant Mohammad Estahbanaty addressed the Council noting his compliance with the many requests from the neighbors to make modifications to his proposed construction of a new two-story house. He also noted he was allowed to demolish the existing home on the property based on a report provided by the Heritage Preservation Commission (HPC). Mayor Waltonsmith opened the public hearing for public comment. Since there were more than 20 speakers present to address the Council on this item, the Mayor limited the speakers to two minutes each, rather than the normal three minutes per speaker. The following people addressed the Council: Kathleen Casey – voiced her concern about the report provided by the HPC to approve the demolition of an old home. The following people spoke in support of the appeal: Ray Persico Jim Hopkins Lynne Gurley Jennifer Taylor Jeanne Alexander Sue Persico Bill Brown Paul Hernandez John Hollingsworth The following people spoke in support of the applicant and the Planning Commission’s approval decision: Omid Shakeri Mark Massoumi Mehdi Khadem Shana Estahbanaty Andrea Marcos Farimah Haghighi Zari Mohazzab Majid Mohazab Neema Haghshenas Azam Golshan Matthew Wright Babak Hashemi Aly Bright Joe Moriarty – stated he supported the demolition of the existing house as it was very dilapidated and would like to see a new house built on the property. 67 7 Appellants Linda Ringsrud and Paul Ginouves addressed the Council and asked Council to consider starting over in order to achieve a design that would work for everyone. Applicant Mohammad Estahbanaty addressed the Council and noted that he has done everything he could to address the concerns the neighbors had. He used an architect to assist him in the design of the proposed house, feels the approval decision made by the Planning Commissioners and City staff was made based on their professional qualifications, and asked Council to uphold that approval decision. Mayor Waltonsmith closed the public hearing. Mayor Waltonsmith noted Council had received copies of a petition with numerous signatures of neighbors and residents in support of the applicant. Council had discussion regarding several concerns, including: o Retaining wall options o Historical report of existing home on property before demolition o Water drainage issues in backyard Planning Commissioner Linda Rodgers was present and provided additional information regarding the design process and the Planning Commission’s decision of approval. Council concluded their discussion. Councilmember King – supported the Planning Commission’s decision of approval. Councilmember Hunter – did not support the Planning Commission’s approval and recommended it be brought back to the Commission for additional review, along with the applicant and appellants. Vice Mayor Page – not in favor of design by committee; however, he felt the appellant stated significant concerns and if another member of the Council votes to send it back for additional review, he would support that. Otherwise, he would vote to deny the appeal. Councilmember Kao – stated she would like to see staff, the applicant and appellants meet one more time to try and reach a compromise. Councilmember King requested clarification on whether this could be sent back to the applicant and neighbors for additional review or if it had to go back to the Planning Commission for review. City Attorney Richard Taylor stated that if it went back to the Planning Commission it would then be subject to another appeal. Discussion continued on the options of getting the neighbors and the applicant to work together to reach a compromise. City Attorney Richard Taylor noted another option for Council would be to continue this hearing to a Study Session format where Council would meet with staff, the neighbors and the applicant – without the Planning Commission – and the Council’s decision would be final, without the possibility of another appeal. 68 8 Mayor Waltonsmith – stated she prefers to have the formal study session format with both parties and staff members. PAGE/KAO MOVED TO CONTINUE THIS ITEM TO A STUDY SESSION AT A DATE TO BE DETERMINED BY THE AVAILABILITY OF STAFF, THE NEIGHBORS AND THE APPLICANT. MOTION PASSED 4-1-0 WITH COUNCILMEMBER KING OPPOSING. Direction to staff was to have the neighbors and applicant work together preparing for the Study Session and to schedule it as soon as possible. Councilmember King asked the Mayor if Council would consider moving Item 13 forward for discussion. Council concurred and the Mayor declared a 5 minute break at 10:10PM. Mayor Waltonsmith reconvened the meeting at 10:15. 11. HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY (EMINENT DOMAIN) FOR THE ACQUISITION OF AN EASEMENT IN PACIFIC GAS & ELECTRIC RIGHT OF WAY FOR JOE’S TRAIL AT SARATOGA/DE ANZA. STAFF RECOMMENDATION: Adopt a Resolution of Necessity making the appropriate findings and authorizing the initiation of eminent domain proceedings to acquire an easement necessary for Joe’s Trail at Saratoga De Anza (“Project”). Councilmember Aileen Kao recused herself from discussing this item because she lives within 500 feet of project. City Attorney Richard Taylor presented the staff report. Mayor Waltonsmith opened the public hearing and invited public comment. Paul Hernandez asked the Council how much the easement would cost and if there was a way he could see the exact routing of the trail. Kathleen Casey asked who initiated this project, where the money is coming from and how much it will cost. Mayor Waltonsmith closed the public hearing and asked Public Works Director John Cherbone to respond to the questions presented. Director Cherbone invited Mr. Hernandez to come by his office and he would show him the proposed trail plans. In addition, he noted the trail is from Saratoga Avenue to Sunnyvale Avenue and the PG&E alignment (right-of-way) is parallel to the right-of-way of the railroad. Director Cherbone stated 80% of the project costs are paid from a Clean Air Grant through VTA and the Metropolitan Transportation Commission and the other 20% of the project costs, which is a local match, is being paid for by a local donor. The City of Saratoga has no city funds committed to this project. He stated the City had stipulated in the grant 69 9 some money for the right-of-way acquisition which, based on the appraisers fair market value, was $190,000 for the rights to the easement. RESOLUTION NO. 08-051 KING/PAGE MOVED TO ADOPT A RESOLUTION OF NECESSITY MAKING THE APPROPRIATE FINDINGS AND AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE AN EASEMENT NECESSARY FOR JOE’S TRAIL AT SARATOGA/DEANZA (“PROJECT”). MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO RECUSING HERSELF. 12. AMENDMENT TO VALET PARKING ORDINANCE TO ELIMINATE ANNUAL REVIEW REQUIREMENT. STAFF RECOMMENDATION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached ordinance and waive the First Reading and direct staff to schedule this item for a Second Reading for adoption on the consent calendar at the next regularly scheduled City Council meeting. City Attorney Richard Taylor presented the staff report. Mayor Waltonsmith opened the public hearing and invited public comment. The following people were present to speak on this item: Paul Hernandez – asked Council if the City received any compensation from the use of the valet parking service. Director Cherbone noted the ordinance was created in 1998 and there is no stipulation in the ordinance that provides compensation to the City. Kathleen Casey stated she supported updating the valet parking ordinance. Mayor Waltonsmith closed the public hearing. PAGE/KING MOVED TO APPROVE THE ATTACHED ORDINANCE AND WAIVE THE FIRST READING AND DIRECT STAFF TO SCHEDULE THIS ITEM FOR A SECOND READING FOR ADOPTION ON THE CONSENT CALENDAR AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING. MOTION PASSED 5-0-0. OLD BUSINESS None NEW BUSINESS 70 10 13. RECOMMENDATION TO CONVERT THE NEIGHBORHOOD RESOURCE OFFICE (NRO) POSITION TO A SCHOOL RESOURCE OFFICER (SRO) POSITION. STAFF RECOMMENDATION: Convert the existing NRO position provided by the Santa Clara County Sheriff's Office to an SRO position and, if needed, revise the existing contract with the Sheriff's office to reflect this change. Captain Terry Calderone presented the staff report. City Manager Dave Anderson noted staff had received an email earlier in the day from Lane Weiss, Superintendent of Saratoga Union School District (SUSD), indicating SUSD was in support of this change in positions and that this topic would be agendized on a future School Board agenda for discussion and action. There was Council discussion regarding the schools this position would cover and the duties of a School Resource Officer versus a Neighborhood Resource Officer. The following people spoke in support of this item and recommended Council convert the NRO position to the SRO position: Maddy Renalds Cynthia Chang Howard Miller Anne Bachtold KAO/KING MOVED TO CONVERT THE EXISTING NRO POSITION PROVIDED BY THE SANTA CLARA COUNTY SHERIFF’S OFFICE TO AN SRO POSITION AND, IF NEEDED, REVISE THE EXISTING CONTRACT WITH THE SHERIFF’S OFFICE TO REFLECT THIS CHANGE. MOTION PASSED 5-0-0. 14. HERITAGE ORCHARD OVERSIGHT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Assistant City Manager Barbara Powell presented the staff report. Councilmember Hunter asked about the perpetuity status of the Orchard and if a future Council could override that status and turn the Orchard into a soccer field or something of that nature. City Manager Dave Anderson noted that a past Council had passed a resolution declaring the Orchard be kept as an orchard in perpetuity. Mayor Waltonsmith stated Councils do have the authority to change the designation of open space; however, the perpetuity declaration makes it more difficult. She asked the City Attorney if the Heritage Preservation Commission (HPC), under its core job description, could protect the Orchard property as a Heritage resource. 71 11 City Attorney Taylor stated the City code allows the HPC to recommend to the City Council that a piece of property be designated as a historic landmark or historic district. It would be under that recommendation that the City Council could adopt the designated property as a historic landmark. Once designated, that is a legislative act, making it more difficult to change, but could be changed by a majority vote of a City Council. Discussion continued on what could be done to protect the perpetuity of the Orchard. City Attorney Taylor stated Council could find an independent nonprofit Historic Preservation Trust and dedicate a historic preservation easement to the Trust. The easement would, therefore, be held by the Trust, which would protect the Orchard as a historic resource. Mayor Waltonsmith invited public comment. Kathleen Casey addressed the Council and read a statement from Saratoga resident Betty Peck. She also noted she doesn’t support assigning the Parks and Recreation Commission (PRC) to be responsible for preservation of the Orchard. PRC Chair Tom Soukup stated he was not speaking on behalf of the PRC, but noted something needs to be done to insure the preservation of the Orchard. Mayor Waltonsmith closed the public comment. Councilmember Hunter expressed concerns about the fact that this item had not been agendized on any HPC agenda for discussion and that they should be included in the discussion. Discussion continued regarding options for additional discussion such as creating an Adhoc, and including PRC and HPC. COUNCIL DIRECTION TO STAFF: Create staff report and agendize for discussion with specific options: o Preservation o Oversight/Management o Potential Uses o Schedule 6:00PM – 7:00PM Joint Meeting with HPC to hear their 4 items that weren’t addressed at their last Joint Meeting with Council o Schedule future Study Session with HPC to discuss core duties 15. CITY OF SARATOGA CODE OF ETHICS AND VALUES STAFF RECOMMENDATION: Review and approve, modify, or deny adoption of the attached Code of Ethics and Values for the City of Saratoga. City Attorney Richard Taylor presented the staff report. Mayor Waltonsmith invited public comment. Seeing none, she closed the public comment. 72 12 RESOLUTION 08-050 PAGE/KING MOVED TO APPROVE THE ADOPTION OF THE ATTACHED CODE OF ETHICS AND VALUES FOR THE CITY OF SARATOGA. MOTION PASSED 5- 0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith – reported: Sister City Liaison – noted there will be three Sister City Exchange Students arriving in August. Hakone Foundation Executive Committee – noted the Hakone gardener has resigned and Hakone staff is working with a number of volunteer groups for assistance in gardening upkeep on a short term basis. In addition, several more Koi fish have been lost due to the conditions of the Pond and the Koi Society has given Hakone 30 new fish that are currently being acclimated to the pond. She also noted Dr. Duma from Japan, an expert on Japanese Gardens and a representative from the Portland Japanese Gardens, provided some training on upkeep of Japanese Gardens and how to bring it up to a higher standard. [Public Works Director Cherbone added that the City is working as fast as they can to get the contractor confirmed, dig a well, and proceed with the installation of a new water tank and distribution system to the pond as previously approved by the City Council.] Vice Mayor Chuck Page – reported: Chamber of Commerce – he met with the Chamber and noted there are some petitions circulating in the Village regarding the need for additional assistance from the City to bring certain types of businesses to the Village, funding for marketing efforts, etc., and invited them to attend the 6:00PM Village Economic Development Adhoc meeting on July 28th. West Valley Sanitation District – met last week and noted residents in the Monte Sereno area (adjacent to the City of Saratoga) were present and asked for the District to expand their sphere of influence. He noted the District voted yes – they would expand their sphere of influence; however, the District would have to work with Monte Sereno and LAFCO to make this happen. VTA/PAC – met, but it was more of a work session where they discussed Governance and this topic will be an agenda item for discussion on one of our Council meetings. Councilmember Kathleen King – reported: Peninsula Division, League of California Cities – the LCC is having their dinner meeting on July 31st. Mayor Waltonsmith and Vice Mayor Page noted they were going to the dinner meeting. City School Adhoc – thanked Director Cherbone for the great relationship between the City and Prospect High School and that the school board voted to accept the agreement between the City and the school. Councilmember Jill Hunter – reported: Historic Foundation – is having their BBQ on September 21st at the Garrod’s Ranch, will have a silent auction, and encouraged all the Councilmembers to attend. KSAR – attended the last meeting and noted there will be a strategic planning session with emphasis on “building community”. Councilmember Aileen Kao – reported: Airport Land Use Committee – she will be attending the next meeting on Thursday, July 24th. 73 13 CITY COUNCIL ITEMS Councilmember King – commented on the number of dead trees in the Orchard. [Director Cherbone noted that this usually happens during this time of the year and new trees will be planted at the appropriate time of the year.] King also suggested having an agenda item later in the fall regarding everything the City has done regarding the economic vitality concerns in the Village. Vice Mayor Page – commented that the newly created Village Economic Development Adhoc group could provide information on the Village and the assistance provided by the City when they get started on Monday, July 28th. Council concurred the businesses in the Village are struggling and will agendize the Village Economic Development Adhoc for a status report, including past and current assistance that the City provided to the Village. Councilmember Hunter – requested to agendize the removal of the Orchard Oak tree to the West Valley College campus. Councilmember Kao seconded this request. CITY MANAGER’S REPORT None ADJOURNMENT Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 74 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: CIP Study Session – Minutes – July 19, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following: CIP Study Session – July 19, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from July 19, 2008 75 1 MINUTES SARATOGA CITY COUNCIL CIP STUDY SESSION July 19, 2008 SPECIAL MEETING – 10:00A.M – 4:00P.M. NORTH CAMPUS ADMINISTRATIVE CONFERENCE ROOM 19848 PROSPECT AVENUE SARATOGA, CA 95070 Mayor Waltonsmith called the CIP Study Session to order at 10:00 a.m. PRESENT: Councilmembers: Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager John Cherbone, Public Works Director Mary Furey, Administrative Services Director Michael Taylor, Recreation Director Kristin Borel, Public Works Analyst ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS: o Mimi Mather – request clarification on Municipal Code regarding carports o Ray Davis – request sidewalk along Hwy 9 opposite the stonewall o Kathleen Casey – requests information on initiatives, and requested that the website design deadline be extended to September o Betty Peck – asked the City to fund a “City Historian” and fund the writing of a book, “Saratoga – The First 100 Years”. Oral Communications - Council Direction to Staff Direct the discussion of a City Historian to the Heritage Preservation Commission. Dave Anderson responded to Kathleen Casey, explaining that the City Clerk sent her the initiative information on July 18th. Mayor Waltonsmith invited Public comment on the Capital Improvement Program The following people spoke in support of the Prospect Median Project: Ray Muzzy Fran Colletti Kathleen Casey Paul Fontenot Doug Robertson Jerry Streb Marty Goldberg 76 2 The following people spoke in favor of a Community Facility/Gym: Doug Robertson Carolyn Doles Katherine Tseng Fiona Rodrigues Emily Lo The following people spoke in favor of improvements at Hakone Gardens: Lon Saavedra Tanya Candia Additional Speakers: o Chuck Schroppe supported improvements for Phase II for the McWilliams House o Pricilla Ho supported funds for bus stops o Tom Moran requested funding for KSAR o Paul Hernandez requested banner fee be waived for downtown business, and development of a boulevard along Saratoga Creek in Parking District #3. o Gene Zambetti supported the Village improvements on the CIP list and the Big Basin turnaround Dave Anderson reviewed the handouts on the potential State Takeaway Funding John Cherbone reviewed his staff report and the Parks and Recreation Commission (PRC) Prioritization of CIP projects. Council Direction: The City Council accepted the PRC Priority list. Operational Efficiency & CIP Projects: $1,063,000 to designate Summary of Council Direction: # Proposed Projects- FY 2008-2009 Amount Allocated 1 Traffic Safety and Calming (#1-#14) 150,000 15 Prospect Road Median Project 200,000 16 Annual Sidewalk Repair Project 50,000 18 Annual Stormdrain Repairs 50,000 21 North Campus Building Removal Project 75,000 24 Multi-Purpose Room Improvement Fund 250,000 28 Hakone Gardens Upper House Foundation Repair 125,000 McWilliams House Improvements 10,000 KSAR Video/Audio Upgrades 9,000 33 City Hall Solar Project (Equipment Shelter) 100,000 34 Facility Efficiency Projects (#34-39) 44,000 77 3 For Traffic Safety and Calming the Council directs the Traffic Safety Commission to prioritize Items #1-14 and bring it back to the Council for review. ADJOURNMENT at 2:45 p.m. Respectfully Submitted, Kristin Borel Public Works Analyst 78 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Finance & Admin. Services Director SUBJECT: Treasurer’s Report for the Month Ended April 30, 2008 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended April 30, 2008. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of April 30, 2008, the City had $302,190 in cash deposit at Comerica bank, and $15,841,940 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of April 30, 2008 is $16,144,130 and exceeds the minimum limit required. 79 MONTHLY EFFECTIVE YIELD (MEY) LAIF has forecasted rise in long term interest rates. In line with its forecast it has increased the holding term of its investments from 166 (2007) to 201 (2008) days an increase of 35 days. Cash Summary Unrestricted Cash Comerica Bank 302,190$ Deposit with LAIF 15,841,940$ Total 16,144,130$ CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 80 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at April 30, 2008 General General Fund 4,278,125$ Reserved Fund Balance Petty Cash Reserve 1,300$ Retiree Medical Reserve 62,500$ Reserved for Development Deposits 604,909$ Designated Reserves: Designated for Economic Uncertainty 1,500,000$ Designated for Operations 2,688,037$ Designated for Claims 38,695$ Designated for Development Services 750,171$ Designated for Environmental Services 710,667$ Special Revenue Landscape and Lighting Districts 434,236$ SHARP Program 105,272$ Capital Project Street Projects 1,074,737$ Park and Trail Projects 1,644,118$ Facility Improvement Projects 409,176$ Adminstrative Projects 162,695$ Debt Service Library Bond 347,226$ Internal Service Equipment Replacement 132,359$ IT Replacement 312,853$ Facility Maintenance 53,992$ Equipment Maintenance (715)$ Information Technology Services 34,768$ Office Stores Fund 21,335$ Liability/Risk Management 61,457$ Workers Compensation (18,643)$ Trust/Agency Library Fund 697,386$ KSAR - Community Access TV 37,474$ Total City 16,144,130$ 81 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at April 30, 2008. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Mar Revenues Expenditures Transfers Fund Balance 04/30/08 General Undesignated Unreserved Balance2,505,665 (358,202) 3,856,831 2,519,737 3,484,557 Reserved Fund Balance:- Petty Cash Reserve 1,300 - - - 1,300 Retiree Medical Reserve 62,500 - - - 62,500 Development Deposit Reserves 604,909 604,909 Designated Fund Balances:- Designated Economic Uncertainty 1,500,000 - - - 1,500,000 Designated for Operations 2,688,036 - - - 2,688,036 Designated for Claims 38,695 38,695 Designated for Development 750,171 - - - 750,171 Designated for Environmental 710,668 - - - 710,668 Special Revenue Landscape/Lighting 316,077 95,133 48,134 25,108 434,236 SHARP Loan 89,588 14,573 1,111 - 105,272 Capital Project Street Projects 2,141,646 (992,708) 258,720 332,920 - 1,074,737 Park and Trails 1,507,815 90,967 77,830 32,495 - 1,644,118 Facility Improvements 441,991 (24,876) - 7,941 - 409,176 Adminstrative Projects - 162,695 - - - 162,695 Debt Service Library Bond 746,556 (404,642) 6,219 933 347,201 Internal Service Fund Equipment Replacement 8,572 123,786 - - 132,358 Technology Replacement 352,280 (31,616) - 7,811 312,853 Building Maintenance (15,617) 85,477 - 46,755 23,105 Equipment Maintenance - 20,213 - 20,928 (715) Information Technology Services - 53,246 - 17,988 35,258 Stores Fund - 16,848 - (4,487) 21,335 Liability/Risk Management - 60,633 3,505 2,682 61,457 Workers Compensation - 36,338 - 54,981 (18,643) Total City 14,450,852 (1,052,134) 4,252,350 3,065,791 - 14,585,278 82 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at April 30, 2008 Street Projects Traffic Safety 25,951 Highway 9 Safety Project 58,960 Annual Street Resurfacing Project (102,045) Sidewalks Yearly Project 98,980 Saratoga Sunnyale Road Resurfacing (156,061) Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road Bridge Replacement 9,730 Quito Road Bridge Construction 115,726 Village Newsrack Enclosur (1,849) Village Façade Program (570) Solar Power Radar Feedback Signs 9,964 El Quito Area Curb Replacement 18,195 Sobey Road Culvert Repair 150,000 Median Repairs(Landscape/Irrig.)2,638 Village Improvements 50,000 Village Trees & Lights at Sidestreets 31,965 Cox Ave Railroad Crossing Upgrade (25,956) Prospect Road Median 24,879 City Entrance Sign/Monument 13,467 Village-Streetscape Impv (Sidewalk, Curbs)675,633 Saratoga-Sunnyvale/Gateway (0) Saratoga-Sunnyvale ADA Curb Ramps (2,525) Storm Drain @ El Camino / Mt Vista 85,321 Saratoga-Sunnyvale/Gateway Sidewalk 57,224 Total Street Projects 1,074,737$ Parks & Trails Park Development 28,507 EL Quito Park Improvement (3,684) Beauchamp Park Fund 13,362 Wildwood Park - Water Feature/Seating 7,199 Historical Park Landscape 37,200 Citywide Tree Replanting 146,176 Hakone Garden D/W 162,829 Carnelian Glen Footbridge (2,903) DeAnza Trail (43,801) Kevin Moran Improvements 1,047,986 West Valley Soccer Field 132,450 Park/Trail Repairs 21,130 Heritage Orchard Path 24,971 Trail Segment #3 Repair 9,912 Teerlink Ranch Trail 22,242 San Marcos OP Space Trail 981 CIP Allocation Fund 39,563 Total Parks & Trails 1,644,118$ Facility Improvements Civic Center Landscape 26,180 Warner Hutton House Improvements 17,861 Facility Projects (4,545) Fire Alarm at McWilliams & Museum 18,088 North Campus Improvements 345,329 Historical Park Fire Alarm System 6,262 Total Facility Improvements 409,176$ Administrative Projects Financial System Upgrade 69,964 Document Imaging Project 92,731 Total Administrative Projects 162,695$ Total CIP Funds 3,290,725$ 83 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Mar Revenues Expenditures Transfers Fund Balance 04/30/08 Street Projects Traffic Safety 41,355 (15,138) - 266 25,951 Highway 9 Safety Project 58,960 - - - 58,960 Annual Street Resurfacing Project 438,338 (582,871) 258,720 216,231 (102,045) Sidewalks Yearly Project 108,605 (9,625) - - 98,980 Saratoga Sunnyale Road Resurfacing - (70,953) - 85,108 (156,061) Fourth Street Bridge 100,000 - - - 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) - - - (164,891) Quito Road Bridge Replacement 9,730 - - - 9,730 Quito Road Bridge Construction 113,859 1,867 - - 115,726 Village Newsrack Enclosur - (1,849) - - (1,849) Village Façade Program - (570) - - (570) Solar Power Radar Feedback Signs 15,000 (5,036) - - 9,964 El Quito Area Curb Replacement 213,179 (194,983) - - 18,196 Sobey Road Culvert Repair 150,000 - - - 150,000 Storm Drain Upgrades 11,314 (11,314) - - 0 Median Repairs(Landscape/Irrig.)4,021 (1,383) - - 2,638 Village Improvements 50,000 - - - 50,000 Village Trees & Lights at Sidestreets 7,000 24,965 - - 31,965 Cox Ave Railroad Crossing Upgrade 24,392 (50,348) - - (25,956) Prospect Road Median 50,000 (24,901) - 220 24,879 City Entrance Sign/Monument 13,467 - - - 13,467 Village-Streetscape Impv (Sidewalk, Curbs)737,846 (31,119) - 31,094 675,633 Saratoga-Sunnyvale/Gateway 74,148 (89,531) - (15,383) (0) Saratoga-Sunnyvale ADA Curb Ramps - (2,525) - - (2,525) Storm Drain @ El Camino / Mt Vista 85,321 - - - 85,321 Saratoga-Sunnyvale/Gateway Sidewalk - 72,607 - 15,383 57,224 Total Street Projects 2,141,646 (992,708) 258,720 332,920 - 1,074,737 Parks & Trails Park Development 209,087 (180,580) - - 28,507 EL Quito Park Improvement - (3,684) - - (3,684) Beauchamp Park Fund - 13,362 - - 13,362 Wildwood Park - Water Feature/Seating - 7,199 - - 7,199 Historical Park Landscape - 37,200 - - 37,200 Citywide Tree Replanting - 68,346 77,830 - 146,176 Hakone Garden D/W 164,283 (1,454) - - 162,829 Carnelian Glen Footbridge - (2,903) - - (2,903) DeAnza Trail (184,219) 150,701 - 10,284 (43,801) Kevin Moran Improvements 1,112,298 (43,151) - 21,162 1,047,986 West Valley Soccer Field 155,868 (23,419) - - 132,450 Park/Trail Repairs 44,558 (22,409) - 1,020 21,130 Heritage Orchard Path - 25,000 - 29 24,971 Trail Segment #3 Repair - 9,912 - - 9,912 Teerlink Ranch Trail - 22,242 - - 22,242 San Marcos OP Space Trail - 981 - - 981 CIP Allocation Fund 5,939 33,624 - - 39,563 Total Parks & Trails 1,507,815 90,967 77,830 32,495 - 1,644,118 Facility Improvements Civic Center Landscape 63,703 (33,369) - 4,156 26,179 Warner Hutton House Improvements 25,000 (6,783) - 357 17,861 Facility Projects - (4,485) - 60 (4,545) Fire Alarm at McWilliams & Museum 25,000 (6,912) - - 18,088 North Campus Improvements 322,025 26,672 - 3,368 345,329 Historical Park Fire Alarm System 6,262 - - - 6,262 Total Facility Improvements 441,991 (24,876) - 7,941 - 409,176 Administrative Projects Financial System Upgrade - 69,964 - - 69,964 Document Imaging Project - 92,731 - - 92,731 Total Administrative Projects - 162,695 - - - 162,695 Total CIP Funds 4,091,452 (763,922) 336,550 373,356 - 3,290,725 84 ATTACHMENT E 85 Dave Anderson Melanie Whittaker Mary Furey RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: July 10, 2008 July 17, 2008 July 24, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 07/10/08 108284 108338 55 $135,548.71 07/10/08 07/03/08 108283 07/10/08 110012 110025 14 $18,640.93 07/10/08 07/03/08 110011 07/17/08 108339 108375 37 $69,566.86 07/17/08 07/10/08 108338 07/17/08 110026 110055 30 $114,132.53 07/17/08 07/10/08 110025 Accounts Payable 07/24/08 108376 108393 18 $185,327.54 07/24/08 07/17/08 108375 Accounts Payable 07/24/08 110056 110091 36 $211,450.08 07/24/08 07/17/08 110055 Total $734,666.65 AP Date Check No. Issued to Dept.Amount 07/10/08 108292 General Services $25,200.00 07/10/08 108327 CIP $14,709.00 07/10/08 108334 CIP $17,973.90 07/17/08 108364 Various $16,169.38 07/17/08 108374 Various $15,289.10 07/24/08 108378 CIP $77,805.00 07/24/08 108382 CIP $25,905.18 07/24/08 108388 Various $15,587.21 07/24/08 108390 CIP $16,335.00 07/24/08 108392 Various $27,335.89Shute,Mihaly Various Monthly Services - Legal Fees/City Attorney/Litigation Pacific Gas & Electric Various Monthly Gas & Electric Service Romano Construction Facility Projects Admin Lobby Building Colony Landscape Maintenance Alternative Soccer Field Install drain in WV Soccer Field George Bianchi Construction Sidewalk Annual Project Sidewalk - Prospect/Scully Shute,Mihaly General & De Anza Trail Attorney's Fees Vista Landscape General & Carnelian Glen Clean up of trails; Carnelian Glen Bridges The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: Fund Purpose Courtesy Chevrolet Equipment Replacement New Truck for Corp Yard Accounts Payable Accounts Payable Accounts Payable Accounts Payable 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 DEPARTMENT:Finance & Administrative Services CITY MANAGER: PREPARED BY:DIRECTOR: SARATOGA CITY COUNCIL MEETING DATE:August 6, 2008 AGENDA ITEM: San Jose Water Company Various Monthly Water Service Wittwer & Parkin General Attonrey Fees 86 07/24/08 110057 Liability/Risk Mgt $160,779.00 The following is a list of Accounts Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 7/24/2008 110009 Steve Silver Production (267.00) 7/24/2008 110082 (100.00) The following is a list of cash reduction by fund: Fund #AP 7/10 AP 7/17 AP 7/24 Total 001/111 General 85,465.34 126,129.34 83,323.39 294,918.07 201/246 Manor Drive Landscape 2,700.00 57.19 2,757.19 202 Ferdericksburg Landscape - 203 Greenbriar Landscape - 204 Quito Lighting 1,071.45 1,071.45 205 Azule Lighting 232.78 232.78 206 Sarahills Lighting 253.32 253.32 207 Village Lighting 690.56 690.56 209 McCartysville Landscape 17.74 17.74 210 Tricia Woods Landscape 8.87 8.87 211 Arroyo de Saratoga Landscape - 212 Leutar Court Landscape - 215 Bonnet Way Landscape 116.91 116.91 216 Beauchamps Landscape 48.82 48.82 217 Sunland Park Landscape 534.47 534.47 222 Prides Crossing Landscape 47.78 28.59 76.37 224 Village Commercial Landscape 1,912.68 1,912.68 225 Saratoga Legends Landscape 738.35 738.35 226 Bellgrove Landscape 326.63 326.63 227 Cunningham/Glasgow Landscp - 228 Kerwin Ranch Landscape 757.62 757.62 229 Tollgate LLD 26.24 26.24 231 Horseshoe Landscape/Lighting 8.58 8.58 232 Gateway Landscape 122.86 122.86 233 Carnelian Glen - 270 CDBG Administration - 271 Saratoga Housing & Rehab.Prg.- 290 Recreation Spec Rev Fund - 320 Library Expansion Cap Prg.- 400/311 Library Bond Debt Service 288.10 288.10 501/631 Equipment Replacement ISF 25,200.00 602.58 25,802.58 502 Information Technology - 503/624 Facility Improvement 2,609.01 3,773.11 9,858.78 16,240.90 504 Facilities 6,508.40 777.22 89.19 7,374.81 505/622 Information Technology 5,390.00 246.71 98.95 5,735.66 506/621 Office Stores Fund 365.83 415.93 469.05 1,250.81 510/611 Liability/Risk Mgt 88.00 160,779.00 160,867.00 511/612 Workers' Comp 42,445.02 42,445.02 701 Traffic Safety - 702 Highway 9 Safety - 704 - 706 Sidewalk Annual Project 28,905.18 28,905.18 708 - ABAG General Official Bond, Property Premium, Exc Liability, Admin Premium, General Liability 08/09 Fund Description Annual Street Resurfacing Saratoga Sunnyvale PH 2 Description Void Misc Vendor Void-Reissued 87 The following is a list of cash reduction by fund: (cont.) Fund #Total 716 Highway 9/Oak Pedestrain - 720 KSAR/CATV Agency Fund - 724 Village Newsrack Enclosures 1,848.71 1,848.71 726 2 Solar Radar Feedbacks - 727 El Quito Area Curb Replacement - 731 Storm Drain Upgrades - 732 Median Landscape/Irrigation - 734 Civic Center Landscape - 735 Village Lights (Zone 7A)- 736 Village Trees Lighting - 738 Cox Ave Railroad Crossing - 739 815.00 815.00 744 Village Sidewalk, Curb/Gutter - 746 Saratoga-Sunnyvale Gateway - 747 - 748 El Ca Grante/Monta Vista - 749 Sara-Sun Gateway Sidewalk - 751 Financial System Upgrade 4,613.45 4,613.45 752 - 755 Warner Hutton House Improv.- 760 Facility Projects 5,409.58 19,396.53 24,806.11 761 - 762 North Campus/19848 Prospect - 766 Historical Park Fire Alarm - 778 - 780 - 783 - 785 1,260.00 1,260.00 786 - 788 - 789 13,885.40 13,885.40 790 541.25 38.32 2,987.60 3,567.17 791 41.60 41.60 792 6,250.01 1,013.35 82,705.00 89,968.36 793 - 794 331.25 331.25 795 - 796 - 797 San Marcos OP Space Trail - 154,189.64 183,699.36 396,777.62 734,666.62 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Trail Segment #3 Repair Teerlink Ranch Trail Repair TOTAL Kevin Moran Alternative Soccer Field Parks/Trails Repair Heritage Orchard Path Hakone Garden D/W Wildwood Park Improvement Carnelian Glen Footbridge UPRR/De Anza Trail El Quito Park Improvement Beauchamp Park Fund Wildwood Park - Wtr/Seat Citywide Tree Replanting Prospect Road Medians Sara-Sun ADA Curb Ramps Document Imaging Project Fire Alarm McWill&Book Go Fund Description 88 N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format 89 90 91 92 93 94 95 96 97 98 99 10 0 10 1 10 2 10 3 10 4 10 5 10 6 10 7 10 8 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, DEPT HEAD: Michael Taylor SUBJECT: Acceptance of $3,400 Grant from Saratoga Rotary for North Campus Improvements RECOMMENDED ACTION(S): Adopt a resolution and approve a budget amendment to accept a $3,400 grant from the Saratoga Rotary Club for North Campus improvements. REPORT SUMMARY: On January 17, 2008, Mayor Ann Waltonsmith submitted a letter to the Saratoga Rotary Club requesting a donation for the City’s North Campus Fellowship Hall improvement project. In response to the subsequent request by the Rotary that an official grant application be submitted, staff prepared a request in February 2008 for $6,000 for an assistive listening system at the Fellowship Hall. In May 2008, staff received notice that the Rotary had denied the request for $6,000 but had authorized an award in the amount of $3,400 for the purchase of an outdoor barbeque and exterior lighting. Staff is requesting that Council approve the acceptance of the Saratoga Rotary grant and adopt a resolution authorizing a budget amendment for additional improvements to the North Campus. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: 109 Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted in compliance with the Brown Act. ATTACHMENTS: Attachment A – Resolution accepting $3,400 grant from Saratoga Rotary and authorizing budget amendment Attachment B – January 17, 2008 letter from Mayor Waltonsmith Attachment C – February 5, 2008 Saratoga Grant application Attachment D – May 26, 2008 Saratoga Rotary letter of award 110 Attachment A RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ACCEPTANCE OF A $3,400 GRANT FROM THE SARATOGA ROTARY CLUB AND AUTHORIZING A BUDGET AMMENDMENT FOR ADDITIONAL IMPROVEMENTS TO THE NORTH CAMPUS FELLOWSHIP HALL WHEREAS, the City Council at their meeting on August 6, 2008 directed staff to accept a $3,400 donation from the Saratoga Rotary Club, WHEREAS, the amount of $3,400 will be added to the North Campus Fellowship Hall Improvement Fund 413-9351-001-46522 to fund the purchase of an outdoor barbeque and exterior lighting, WHEREAS, the City Council requested that the materials contingent to the donation be purchased before the end of the current fiscal year, NOW, THERFORE, the City Council of the City of Saratoga hereby resolves as follows: To authorize acceptance of a $3,400 grant from the Saratoga Rotary Club and approve a budget amendment to approve the purchase of an outdoor barbeque and exterior lighting for the North Campus Fellowship Hall. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of August 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: _____________________________ Ann Sullivan, Acting City Clerk 111 January 17,2008 ,President Rotary Club Re:, Request for money for Assistive Listening System for the Fellowship Hall,at City of Saratoga's North Campu~ ' · .; ; I am requesting that you consider a donation to the City ofSaratoga's Fellowship Hall, North Campus project.Encl~ is a copyoftbe "Wish List" develo~ for the project. Background: The<;ity()f$~togatsNorth,Campusis,~ing remodeled. It has four buildings, Education, , S~,;AdmiDistra#on, itndFeIlowship. The tWo in the front ofthe campus, Education and Sanctuary are to be tom down and replacedwitb some other building, which is in the discussion stage at tbjs ~e. ! The two bqilditlgs in the back ofthe site, the Administration and Fellowship are being 'renovated and are open to the public. The Administration building renovation was completed last Fall and is in use by ~ CRy and open for rentals now. Itis a beautiful and very useful ,building. We are seeing many groups beginning to rent it. 00; .0 The Fellowship IJall is a ~gebuilding, capable ofholding large groups ofpeople. It bas a full siZe kitchen and large open meting area. underits octagon roof We have had a formal ~sh list" for it renovation. The City bas enough money to do the basic renovations and the "wish list" .for the extras thai woUld make it extremely useful for the public. The update on it , is that we have bad 'a civic minded Saratoga citizen, Mr. Dave House, give $150~OOO to complete much ofthe "Wish·lisf'.' With his money, the City will'be able to do the hardwood floor; du(%work improvem~nt, new kitchen cabinets, double pane windows, and new French , doors. ,The bjds ate out now for contraCtor response. After the contractor selection, 'renovationstarts in Febrwuty2008. ' , Request: , Howevet.tb:eCjtyanddo~edm()neYwillnot cover the remaining items such as the AssistiveLiSteningSyst~ "I am writing to you to request that you consider donating to one ofthe "wish list" itemS, J>8I1icularly the Assistive Listening System. The Assistive Listening System will cost at themax!SlO,OOO. Any thing willbe appreciated. A matching grant or any part ofthe cost will help th~ City achieve its goal ofproviding a building to the public that is accessible to the hearing impaired. I appreci~te your consideration. Sincerely-, Ann Waltonsmith , ,Mayor, City ofSaratoga P0 / ---9 ~ 2..3 q tv J ;-~ (j ~ : 11.-(;;;).s aro,/!;;;C' a. .. L4 ~I 112 Saratoga Rotary Charitable Foundation Chairman of the Board! President Ernie BrookJield Secretary Mary Barbatti Chief Financial Officerl Treasurer Glenn Dick Director's Ian Geddes Rotary Club President Lillian Barna Robert Catalano Noreen Christopher Norm Darmco Nick FedeU Ann Floyd JitKapur Connie Palladino Bev Tubbs Post Office Box 2244 Saratoga, California 95070 January 22, 2008 The Honorable Ms Ann Waltonsmith Mayor, City of Saratoga 19655 Allandale Avenue Saratoga, CA 95070 Dear Ms Waltonsmith: The Saratoga Rotary Charitable Foundation acknowledges your submittal of information regarding a possible grant request to the City of Saratoga. In order to properly process this request it is necessary to complete a Grant Application Form which contains the required information for the Rotary Charitable Foundation to review. The next meeting of the Foundation will be May 15th, 2008. It would assist the Foundation if you would select a specific item from your list that you wish the Foundation to consider. Please be sure that is within the defmed guidelines. I have enclosed a copy of the Grant guidelines and application. In addition, the Grant request can be obtain from our web site. If additional information is required, please let me know. Respectfully, ~tB~kfi~E'JjPreSident Saratoga Rotary Charitable Foundation cc: Mary Barbatti The Saratoga Rotary Charitable Foundation has a United States Federal Tax ill number is 68-0538060 and is a 501 (e) 3 non-profit organization. Canceled checks are no longer valid substantiation for charitable cash gifts over $250.00. Please retain this letter for your tax records. Service above Self 113 ------------------ Saratoga Rotary Charitable Foundation PO BOX 2244 SARATOGA. CA 95070 GRANT APPLICAnON Submitted by: CArV J ~RJPG-~ DATE: ~ -5-d,CO'S Organization: ~Ot? &b>'O r;~.(L<tnB S:>ej~eNT Address: _19 05S-&b.LN\)A--1...F: f\Je+) lAE City: $~'TOG:.;t\ StateeA-Zip 95010 -__ Telephone:~-M-I a49 FAX: ~-.M-l ),,19 e-mail MTA'iAAR @... 6ABATO<2l\ ~. u~ Contact Person: M\~ ::rArtLDF--.. Title 1)I R.~ Telephone: __-__-FAX: --e-mail THIS APPLICATION MUST BE RETURNED 30 Days Prior to the NEXT SCHEDULED TRUSTEE MEETING I. State the amount ofyour grant request. $ ~ 000 ~ Describe the purpose of the request: J -rz, WS'i:Jn.1 iW I¢6I~TIJE L...I~T~/,y(; LAo P 5ltf>'if"S1to,. ~D 2. How long has the organization been in existence? ---5 d--"AA-~-S 3. How many people are served on an annual basis, and in what manner? rr I!:. 5n ~ TlM'jC ~m;N £; "2..CO Mt> 1, '100 ~Pt...E: WI bL lM>€: ;nte; E'1\s.I LfI:'t rYsxt=: ~ 4. Please explain the importance ofthis request to your organization. To f>dN5 =n;c He.t.s·&UY,," 1rA.?tn!t.e\) f'MIDC,..f f&5€ I.,:) 5. What is the purpose ofthe organization? =rp ~E' ~ 5AC~G ~ O«>"'..........u ff"'1 2."( ~~ \lItH,.) "" Qu.!\t",cN Revised 01106 3 114 6. How will your organization benefit from the funds you are requesting? ~'1 &g'),.)(j,-M,bi£ -r.t> £.due: =n+e:: ~~r:,. 7. Please list the percentage of other funding sources to your organization: a) Federal Government: __% b) State Government: __% c) County __% d) City: __% e) Foundations: _%t) Corporations:__% g) Private Donations: __% h) United Way: __% I) Endowments:__% j) Other __%. Please explain: 8. Will this project be funded solely by the Saratoga Rotary Charitable Foundation? Yes_No~ If No, what other funding sources are you seeking? CA.:r:t CM)~ l""-PbtlQ\ll.etSi" FuHt>-;. AU" 6~~..:>e:,. 9. Has your organization been awarded previous grants from the Saratoga Rotary Charitable Foundation? If so, please list the amounts and years: I.t."'> "t4 a.y r9 10. Organization financial information a) What percent ofyour total operating budget is spent on fundraising? C(!)- b) What percent of your total operating budget is spent on general administration?__ 11. How can your organization help Saratoga Rotary: a) Publicize the Saratoga Rotary Art Show; and b) Provide volunteers to help in an Information Booth about Saratoga Rotary Charitable Foundation grant recipient organizations. Number ofvolunteers and hours we may count on: _ Who will be our contact for the volunteer help? Name: Phone _ GRANT APPLICATIONS WILL BE CONSIDERED ONLY IF SUBMITTED ON THIS FORM ATTACH ADDITIONAL PAGES AS MAY BE NECESSARY. PLEASE IDENTIFY ADDITIONAL PAGES & INFORMATION WllH 1HE ITEM NUMBER AND SUBJECT. Revised 01106 4 115 IYJ _~ ....\ '-" Saratoga Rotary Charitable Fou.ndation BndeBroo1f;Jfe14 Marg Ban-ttI CIWrf.l'lftane#tzl Offi_1 2'n!qsur!r GtennDfclc Nfclc,.e4eU JltKDpur COnnie Palla4fno Annuity Committee Cludrmqn 1ViIHoub Post Office Box 2244 Saratoga, Califomia 95070 May 26, 2008 Mr. Michael Taylor Director of Recreation and Facilities City of Saratoga 13777 FruitvaleAvenue Saratoga, CA 95070 Dear Mr, Taylor: The Saratoga Rotary Charitable Foundation has completed the review of your Grant requestand are please to advise you that we have determined that some funding for the North Campus improvement be authorized. The request by the City of Saratoga to fund the purchase and installation of an Assistive Listening System for the North Campus was not approved. However. the Directors did review the other items on the North Campus List you provided and have selected to fund the 0utdoor Barbeque and Pathway Lighting. A total of $3,400.00 (Three Thousand Four Hundred Dollars) will be sent to you to obtain these items for the North Campus. We would appreciate proper acknowledgement on the Barbeque and Lighting System that the Saratoga _Rotary provided these items to ~e City. The Charitable Foundation is pleased to support the City of Saratoga. We hope that all the items required to make the North Campus totally operational in the near future will be accomplished soon. You will be contacted to set up the proper presentation ofthe check to')i'ou. Sincerely, ,k----.. f!~ ~d~rooIaiela~~~sldent Saratoga Rotary CHaritable Foundation cc: Bev Tubbs, Secretary Service above Self 116 Saratoga Rotary Charitable Foundation Chairman of the Board! President Ernie Brookfield Secretary Mary Barbaffi Chief Financial Officerl Treasurer Glenn Dick Director's Ian Geddes Rotary Club President Lillian Barna Noreen Christopher Norm Damico MckFedeli Ann Floyd JitKapur Connie Palladino Bev Tubbs Post Office Box 2244 Saratoga, California 95070 July 2,2008 Mr. Michael Taylor Director of Recreation and Facilities City of Saratoga 1377 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Taylor The Foundation has issued a check to the City of Saratoga in the amount of Three Thousand Four Hundred Dollars ($ 3,400.00) which I have enclosed. Mr. Norm Damico will arrange a formal presentation at our Rotary Club meeting later in JUly. The Foundation Directors want you to have the approved funds to purchases the equipment for the North Campus. Respectfully, ~LJ~atd Ernest BrooidiefdlCEO jPresident Saratoga Rotary Charitable Foundation cc: File Service above Self 117 SARATOGA CITY COUNCIL MEETING DATE: August 6, 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 RECOMMENDED ACTION: 1. Approve Amendment to the Subdivision Improvement Agreement between Warren A. Sturla and the City of Saratoga. 2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment. REPORT SUMMARY: In May 2005, the City Council approved a two-lot subdivision located at Saratoga Creek Drive (SD-99- 006) 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 two years 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 November 4, 2008. Warren A. Sturla, the owner, is requesting a three-year extension. His formal request is attached. Mr. Sturla supports his request by citing a lengthy downturn period and other issues that have burdened the development. The construction of the on-site or off-site improvements has not commenced; there are no public hazards or unfinished improvements. 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 November 4, 2011. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Subdivision Improvement Agreement Amendment will not be executed. Page 1 of 2 118 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 119 120 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 Warren A. Sturla (hereinafter referred to as “Owner and Subdivider”) have entered into a certain Subdivision Improvement Agreement dated May 4, 2005, concerning development of the property known as Assessor’s Parcel Number 389-06-002 and subdivided into two parcels which said subdivision was duly approved by City by Resolution Number 05-029 dated May 4, 2005 (Application SD-99-006). 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 two years 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 started at this time and all three 180-day time extensions were granted by the Public Works Director extending the Subdivision Improvement Agreement until November 4, 2008; and WHEREAS, the parties seek to amend this Agreement to extend the Subdivision Improvement Agreement by three years until November 4, 2011. NOW THEREFORE, the undersigned parties hereby agree to amend the Subdivision Improvement Agreement as follows: Paragraph 4.a 121 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 November 4, 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___. ______________________________ Warren A. Sturla Date___________________ Owner and Subdivider Date___________________ City By: __________________________ Dave Anderson City Manager INSTRUCTIONS This Agreement shall be recorded. Owner(s) and Subdivider(s) signature(s) must each be 122 acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to 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 ___________________________________ [Seal] 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: ______ ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DEPT HEAD: John Cherbone SUBJECT: Award of Design Contract for the Village Pedestrian Enhancement Project ______________________________________________________________________________ RECOMMENDED ACTION(S): Move to award a professional services contract with Gates and Associates for Design Services in the amount of $99,612 connected to the Village Pedestrian Enhancement Project and authorize the City Manager to execute the same. REPORT SUMMARY: On April 23, Request for Proposals were mailed to design firms for the Village Pedestrian Enhancement Project (Attachment 1). On May 14, the City received proposals from five design firms. The professional design fees proposed for the project ranged from $28,500 to $140,000 (Attachment 2). The design services for this project will mainly focus on the Village Pedestrian Enhancement Project for which the City was awarded a $425,000 grant to improve the pedestrian crossings in the Village. However, the design consultant will also work on beautification and other design efforts that will be funded with City CIP funds that have been budgeted for the Village. Two of the five design firms who submitted proposals, Gates & Associates and MPA Design, were chosen by the Village Ad Hoc and staff to be interviewed. When choosing a design firm or other professional consulting service the top firm is chosen by considering experience, sub-consultant team, presentation skills, and cost of service. Rarely is cost the sole deciding factor when choosing a professional design consultant. On June 25, each firm was given a one hour interview. The selection panel consisted of Vice Mayor Page, Council Member Hunter, and staff. The presentations were invaluable in helping decide the most qualified consultant for the project. After some discussion, it was decided that Gates and Associates had the most experience and the strongest design team for the project. 151 It is therefore recommended that City Council award a professional services contract with Gates and Associates for Design Services in the amount of $99,612 and authorize the City Manager to execute the same FISCAL IMPACTS: Funding for this work is programmed in the 2008/09 CIP budget under Village Improvements and Village Pedestrian Enhancements. Depending on the scope of work, funds will be used from the appropriate budget account. Village Budget Information Approved Project Budget Expenditures Balance Village Improvements: $626,000 $34,086 (Benches, Recycle Bins, Etc) $50,000 (Sidewalk/Curb Repairs) $543,914 Village Pedestrian Enhancements: $540,000 $0 $540,000 Sub- Total: $1,166,000 $84,086 $1,083,914 Village Design: $99,612 $984,302 ____________________________________________________________________________________ Future Expenditures: Complete Concrete Repair: $250,000 (Sidewalks and Curbs) Village Improvements: 734,302 (Pedestrian Enhancements, Lighting, Signage, $984,302 Landscaping, Hanging Baskets, Kiosks, Etc.) CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Gates and Associates would not be awarded a professional services contract and the design work for the Village Pedestrian Enhancement Project would not move forward. ALTERNATIVE ACTION(S): The Council could direct staff to solicit additional proposals. FOLLOW UP ACTION(S): The contract will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. 2 of 3 152 3 of 3 ATTACHMENTS: 1. Request for Proposal. 2. Proposal Cost Summary. 3. Gates and Associates - Proposal. 4. Professional Services Contract. 153 April 23, 2008 Subject: Request for Proposal to Provide Professional Design Services for the Saratoga Village Pedestrian Enhancements. To Whom It May Concern: The City of Saratoga, pursuant to Municipal Code section 2-45.140, is requesting proposals from qualified consulting professionals experienced in the planning and design of pedestrian safety enhancements, landscape, irrigation, and hardscape improvements within the environment of a small historic downtown. The successful consultant shall perform the tasks as listed in the Project Description below. SUBMISSION DEADLINE In order for your proposal to be considered, submit two (2) copies to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 (408) 868-1241 (408) 868-1281 Fax Submission deadline: Wednesday, May 14, 2008, 5:00 p.m. Page 1 154 PROJECT DESCRIPTION The Village is the historical downtown center of Saratoga and is the City’s core for local retail and professional offices. The main project objective is to improve patron safety along Big Basin Way, the main route through the Village, while taking into account the unique and historic environment of the area. Recently, the City received a Pedestrian Enhancement Grant through the Santa Clara Valley Transportation Authority for pedestrian improvements in the Village. The total budget for this project including the grant is approximately $750,000. Some of the desired project improvements include but are not limited to: Pedestrian Improvements: • Sidewalk Improvements • Raised Concrete Crosswalks • Pedestrian Bulbouts • In Pavement Crosswalk Lights Beautification Improvements: • Landscaping • Hanging Plant Baskets • Irrigation • Lighting • Streetscape Furniture The consultant’s services required by the City shall include, but not limited to, the preparation of conceptual design plans, cost estimates, and construction design plans as follows: 1. Conceptual Design Phase • 1st City Staff Meeting – Kick Off • Prepare Conceptual Design Ideas/Samples for 1st Public Meeting • 1st Public Meeting – Public Input • Up to three (3) Conceptual Layout Plans Based on Public Input • 2nd City Staff Meeting - Review Conceptual Plans and Cost Estimates • 2nd Public Meeting – Review and Consensus of Conceptual Plans • 3rd Public Meeting (If Needed)– Further Review of Conceptual Plans (Budget Separately) • 3rd City Staff Meeting – Review Final Conceptual Plan • City Council Meeting – Review and Approval of Final Conceptual Design Plan 2. Construction Design Phase • 50% Civil Design Plans and Specifications Page 2 155 • 75% Civil Design Plans and Specifications • 90% Civil Design Plans and Specifications • Final Civil Design Plans and Specifications • Bid Support 3. Construction Phase • Construction Support PROPOSAL REQUIREMENTS 1. Background: Provide a description of your firm’s background and relevant qualifications. This shall include a description of experience on any related projects. Also, provide the following information: a. The location of the offices where the work is to be performed. If the work is to be shared among firms and offices at different locations, indicate where each office is located and what work is to be performed in each office; and b. A summary of the work to be performed by each sub consultant firm proposed for the project. 2. Related Experience: Provide a list of similar projects that your firm has completed in the last five years. For each project, include the name and phone number of the Client. 3. Staff Experience: Provide resumes describing the qualifications of the staff that will be working on this project. The City is interested in similar type projects completed by staff in the past five years. 4. Organization Chart: Show the proposed relationships between the key personnel and support staff who are expected to participate on the project, showing which aspects of the work each person will be responsible for performing. 5. Listing of Sub consultants: List all sub consultants to be used for this project. The City reserves the right to approve or reject the use of any such sub consultants. 6. Cost of Providing Services: Please include cost for providing services as described in the Project Description. 7. Proposal Format: The entire Proposal is to be limited to 50 pages (8 ½ X 11”, single- sided) maximum. Where this Request for Proposal does not adequately define or include the tasks required providing complete professional services, and then describe your recommended additional services and programs. Page 3 156 Page 4 CITY’S RESPONSIBILITIES 1. Provide the consultant with any existing site information on file and City Traffic Engineer support for Conceptual Design Phase. CONSULTANT SELECTION PROCESS The City will review all proposals. It is intended that a short list of consultants to be interviewed will be developed based upon the review of the proposals. A consultant will be selected following completion of the interviews. If you have any questions, please call me at (408) 868-1241. Sincerely, John Cherbone Public Works Director City of Saratoga 157 Attachment 2 Design Proposal Cost Summary Firm Proposal Cost Royston Hanamoto Alley & Abbey $140,560 Bellecci & Associates, Inc. $129,938 Gates & Associates $99,612 MPA Design $85,342 W. Jeffery Heid $28,500 158 SARATOGA VILLAGE SARATOGA VILLAGE PEDESTRIAN ENHANCEMENTS MAY 14, 2OO8 REQUEST FOR PROPOSAL COMMUNITY EVENTS GATES + ASSOCIATES SH O P P I N G JOHN CHERBONE PUBLIC WORKS DIRECTOR CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 159 160 Ba c k g r o u n d 161 Gates & Associates Company Background OVERVIEW Gates + Associates is a 42-person Landscape Architecture, Urban De- sign and Land Planning firm located in San Ramon. Established in 1977, our lasting success is due to a unique blend of strong design skills, sensitivity to the influence of environmental and cultural set- tings, understanding of construction realities, and true commitment to consensus building. BREADTH OF EXPERTISE Our team includes Registered Landscape Architects, a LEED Accred- ited Professional, a Certified Irrigation Designer, planners/urban de- signers, Certified Arborists, a signage and wayfinding design expert, and graphic communications and outreach specialists. QUALITY DESIGN We are committed to place-making through innovative, high quality, and environmentally-sensitive design. Our ﬁ rm’s returning client base and numerous design awards reﬂ ect this commitment. We have de- signed millions of square feet of outdoor use spaces, ranging from public parks to corporate plazas, to residential neighborhoods. To each design, we bring an understanding of the way in which a space is expe- rienced and the creativity to conceive an environment that is memora- ble and unique. The outdoor spaces we design are usable, educational, and inspirational. SUSTAINABLE DESIGN We are committed to integrating sustainable design practices wherever possible in our designs. As part of our mission to create great spaces, we work hard to minimize the detrimental environmental impacts of those spaces. We regularly use approaches included in broadly recog- nized environmental guidelines such as LEED, Bay Friendly Guide- lines, Low Impact Design, and C.3 Stormwater Management Guide- lines. Speciﬁ c design elements include the use of recycled materials, native plant palettes, water efﬁ cient irrigation practices and advanced stormwater drainage practices. We ﬁ nd that these practices often re- duce maintenance costs as well as encouraging healthier, more sustain- able environments. OFFICE LOCATION 2671 Crow Canyon Road San Ramon, CA, 94583 tel: (925) 736-8176 WORK TO BE PERFORMED Work to be performed by Gates + Associates includes streetscape/ urban design and community facilitation. Stormwater Management with bioswales Fog Fountain, Bay Meadows, San Mateo, CA Interior Courtyard, Civic Center, Dublin, CA Livermore Public Library, Livermore, CA 162 BKF FIRM BACKGROUND www.bkf.com BKF Engineers (BKF) has been a leading civil engineering firm in Northern California since 1915. The firm provides civil engineering, surveying, and land planning services for government agencies, developers, contractors, and corporations. BKF currently employs over 253 professional and non-professional staff members in five offices strategically located in San Jose, Redwood City, Pleasanton, Walnut Creek and Sacramento. BKF’s goal is to establish long-term working relationships with our clients by producing accurate, cost- effective work products and delivering them on schedule. Clients include colleges and universities, cities and counties, governmental agencies, commercial and residential developers, hotels, hospitals and health care facilities, and large corporations. BKF has a wealth of experience in providing civil engineering design and facilitating and accelerating the design development related to streetscape enhancement projects. Our civil engineering experience consists of roadway design, hydraulic design, utility master planning, and traffic design. BKF provides all the resources to deliver the design aspects of a roadway, streetscape, and intersection design project. BKF’s in-house capabilities in right of way engineering, utility coordination, traffic engineering and hydraulic analysis compliment our strong civil engineering expertise. BKF builds projects. In today’s environment, efficient processing determines a project’s success more so than the design of a project. BKF provides a great deal of value and know how in obtaining project approval. BKF develops consensus among stakeholders, tracks schedule-sensitive tasks, obtains approvals from regulatory agencies and estimates project costs accurately. BKF understands the commitment and resources necessary to deliver this project efficiently for the benefit of the public. As evident from our previous successful projects, BKF works with our clients to develop creative solutions to project challenges. To provide the City of Saratoga with the best quality work we have selected a team with the qualified expertise and knowledge of the project who are staffed in both of the primary offices listed below: Primary Office Locations San Jose 1650 Technology Drive, Suite 650 San Jose, CA 95110 T (408) 467-9100 F (408) 467-9199 Pleasanton 4670 Willow Road, Suite 250 Pleasanton, CA 94588 T (925) 396-7700 F (925) 396-7799 Additional BKF Office Locations Redwood City (HQ) 255 Shoreline Drive, Suite 200 Redwood City, CA 94065 T (650) 482-6300 F (650) 482-6399 Walnut Creek 2737 North Main, Suite 200 Walnut Creek, CA 94597 T (925) 940-2200 F (925) 940-2299 Sacramento 980 – 9th St., Suite 1770 Sacramento, CA 95814 T (916) 556-5800 F (916) 556-5899 Work to be performed in the BKF office locations as follows San Jose – Surveying and Traffic Pleasanton – General Civil Engineering 163 Gates & Associates PROJECT UNDERSTANDING The City of Saratoga has received a grant from the Santa Clara Valley Transportation Authority for pedestrian improvements to the Village. Bulbouts and raised crosswalks de-emphasize auto movement and cel- ebrate the “Main Street” ambiance of the Village. Our task is to develop, test, and refine a vision for streetscape improvements in order to create an implementable plan within the project budget. We will not only explore the “ beautiful” aspects of streetscape design, but also look at practical issues such as drainage, utility and traffic issues associated with various alternatives and their associated costs and disrup- tion levels. The streetscape improvements are one component of the overall revital- ization strategy for the corridor. They should therefore build upon the existing attributes of the setting and support the economic health of the Village. We are strongly committed to the public participation process as a meth- odology for creating successful streetscape plans. Our role is to provide a comfortable, interactive input format which encourages citizen input. This input is the first step in gathering support for the project and also determining on what will really work. Creating community consensus on downtown improvement projects is always challenging. Frequently the property owner and the merchant may have differing priorities and views of utilization of funds. A business may enjoy the overall benefits of a well-designed tree canopied streetscape, but not want a tree which may obscure signage in front of their individ- ual store. Recommendations to utilize on-street parking stalls to create bulb-outs can be acceptable to everyone but one impacted shop owner. Some people will feel things are fine the way they are while others will have expectations that are so high they are impractical from a cost or maintenance viewpoint. The level of disruption during construction may turn project supporters to detractors. Consequently, we will devote a significant amount of time to listening to community priorities and will utilize a participation process which provides adequate information to allow the community to make informed decisions. Streetscapes personalized with holiday lights, banners and planting create a sense of “place”. 164 Gates & Associates We will provide: • Graphics and materials samples which accurately illustrate the near term and long-term appearance of design recommendations. • Detailed costs of various alternatives. • Discussion of maintenance implications. • Discussion of construction impacts - levels of business disruption. In summary, we see it as our responsibility to identify creative, realistic, cost-effective, community-supported solutions for the Saratoga Village streetscape. Below: Existing distinctive Village Gate- way sets theme for beautification. Design solutions should emphasize comfortable his- toric ambiance of Village. Top to Bottom: Thematic banner and light- ing system identifies Village Avenue; safe pedestrian crossings will contribute to retail vitality; pedestrian bulb-outs provide oppor- tunities to visually link adjacent areas to “Main Street”. 165 Re l a t e d E x p e r i e n c e 166 Gates & Associates Third Street Promenade Morgan Hill, California PROJECT DESCRIPTION: The City of Morgan Hill Redevelopment Agency has made a commitment to revitalize the downtown environ- ment over the next five years. A key element of this goal is the development of the “Third Street Promenade”. Our Role: Through an intricate design process that includes com- munity visioning and design charrette, our team put forth a detailed plan for the Third Street Promenade. Highlights: Third Street will be a destination with an inviting envi- ronment in which to shop, dine, walk and relax. - The promenade is a vital connector that transitions through four zones between the transit center at Depot Street, and the commercial town center on Monterey Road. Focal elements and features provide interest and create an aesthetically rich environment. These include monuments, fountains, kiosks, historical markers, pots, trellises, special paving, benches and lighting. - Bands of special paving that extending from the side- walk across the street emphasizes the pedestrian and minimizing the vehicular orientation of the street. - The design is sustainable with deciduous trees, rain gar- dens, green walls. Solar power will be used for lighting and for compacting trash. FACTS Client: City of Morgan Hill Department of Public Works Contact: Karl Bjarke, Director Tel: (408) 776-7337 167 Gates & Associates Downtown Streetscape Improvements Vallejo, California PROJECT DESCRIPTION The Downtown Streetscape & Sidewalk Improvements Project creates a cohe- sive district that promotes the pedestrian shopping experience, economic vital- ity, and a sense of place. A program of historic theme tiles highlight Down- town Vallejo’s unique identity. Our Role: We are working with the City of Vallejo, the community, and Bellecci & Asso- ciates to develop a downtown streetscape plan which includes the following: - implementation of existing Specific Plan and Design Guidelines, - facilitation of stakeholder meetings and community workshops, - design concepts for bulbouts, materials, landscape and site furniture, - historic sidewalk markers and icons at special locations. FACTS Client: Bellecci & Associates Contact: Dan Leary Tel: (925) 681-4880 Historic Theme Markers and Icons Streetscape Concept Diagram Typical Intersection 168 Gates & Associates San Pablo Avenue El Cerrito, California PROJECT DESCRIPTION Our firm is working with the City of El Cerrito to develop streetscape plans for San Pablo Avenue. The community identity will be reinforced while maintaining continuity along this multi-jurisdictional transportation corridor. The plans emphasize transit access, neighborhood revitalization, and enhancements to improve pedestrian access and bicycle connections. Highlights: - Plans address multiple agencies’ (Caltrans, AC Transit, WCCTAC) goals and priorities. - Improvements to Rapid Bus Stops to improve access, visibility, safety and comfort. - Enhancements to pedestrian zones in transit, high-use and high-density areas. - Safety additions such as pedestrian nodes and lighted crosswalks. - Gateway designs for City character and identity. FACTS Client: City of El Cerrito Contact: Melanie Mintz Tel: 510-215-4339 Flyer used to announce the Public Hearing 11 x 17 brochure created for community to learn about the plans and time frame for the San Pablo Improvements 169 Gates & Associates Bay Street Emeryville, California PROJECT DESCRIPTION Bay Street is Emeryville’s new downtown featuring a variety of shops, res- taurants and a movie complex. Due to the high water table, the revitalized streetscape was limited to large planters with street trees, punctuated with smaller pots. Accent paving was also used to highlight intersections and plazas. In the midst of this commercial row is the Bay Street Memorial at the Temescal Creek, a historic interpretive space that relates the life of Ohlone Indians that used to inhabit the area. FACTS Client: Madison Marquette Retail Services Contact: Eric Hohmann Tel: (415) 277-6805 Construction: $500,000 (relandscaping) Completion Date: 2003 170 Gates & Associates Downtown Urban Design Los Altos, California PROJECT DESCRIPTION Los Gatos’ traditional Main Street character was jeopardized by land use pressures fragmenting the downtown environment. Lower rental rates in the perimeter areas were causing downtown retailers to locate outside the traditional core, causing the area to deteriorate. Our Role: Development of a revitalization plan to strengthen the identity, economic vitality, and pedestrian ambience of Downtown Los Altos. Highlights: Working with the Citizen’s Committee, a series of priorities to focus the downtown enhancement effort was put forth. They include: - providing additional parking to handle long-term and peak demands, - highlighting downtown entries, - extending the presence of the downtown to major circulation corridors, - emphasizing the central core with active and vital land uses, - creating pedestrian-friendly spaces with bulb-outs at intersections. 171 Gates & Associates Bay Street Memorialization Emeryville, California Granite portal and story walls Bird’s eyeview of urban park Evening lighting unveils the laser art on the glass panels Seatwall with sedimentary deposits. Ohlone basket sculpture on the shellmound Story walls at seating niche PROJECT DESCRIPTION The history of the Ohlone Indians is memorialized along this Temescal Creek channel. This interpretive space is now the fo- cus of Bay Street commercial neighborhood. Our Role: We worked with local artists to interpret natural history, geol- ogy, aquatic plant life, and biological systems of the Ohlone life and culture in this urban oasis. Highlights: - The creative juxtaposition of this historic infill in the midst of the vibrant commercial row. - Art components and interpretive signs relate the Ohlone Indi- ans’ rich cultural past. - Shellmound and water elements create a gateway experience. FACTS Client: Madison Marquette Retail Services Contact: Eric Hohmann Tel: (415) 277-6805 Completion Date: 2003 172 Gates & Associates Depot Street Beautification Plan Morgan Hill, California PROJECT DESCRIPTION The Depot Street Corridor is a vital thoroughfare in the City of Morgan Hill. The beautification plan revitalized this eastern link to the downtown and the transit hub. Our Role: With our expertise, we strategically developed the master plan in response to the priorities needed for successful grant ap- plications. We are also proud to be involved in the design and construction phases of the project. Issues addressed included: - intersection treatments, paving materials, site furniture and signage - design guidelines for redevelopment projects - cost estimation of public improvements Highlights: The master plan was instrumental for obtaining the Transpor- tation for Livable Communities (TLC) Grant. FACTS Client: City of Morgan Hill Department of Public Works Contact: Karl Bjarke, Director Tel: (408) 776-7337 Construction amount: $2.6 million Completion: 2007 173 Gates & Associates Saratoga Library Saratoga, California FACTS Client: City of Saratoga Contact: Dave Anderson Tel: 408-868-1200 Completion Date: 2003 PROJECT DESCRIPTION The library, with the adjacent historic orchard and civic center, create a commu- nity focus for the City of Saratoga. The familiar rural character was reflected in both the architecture and open space design. Our Role: Public workshops were conducted during the design stage to solicit input. Close coordination with the City Staff and Design Team was maintained throughout the design development and construction administration phases. Highlights: In response to the community’s concerns, numerous trees from the existing orchards were transplanted before construction commenced. The richly land- scaped site merges with the preserved orchard and offers a strong link to the adjacent civic center. The open space surrounding the library includes outdoor rooms for art displays, reading, as well as for small educational groups. The parking area was detailed to reinforce the rural ambiance. Fi e l d P a o l i A r c h i t e c t s 174 RELATED EXPERIENCE www.bkf.com Depot Street Beautification Project, Morgan Hill, California The City of Morgan Hill secured a federal grant through the Metropolitan Transportation Commission’s (MTC) Transportation for Livable Communities (TLC) program to beautify a five-block segment of Depot Street from Main Street to Fifth Street. The grant called for the construction of pedestrian and bicycle friendly streetscape improvements along Depot St. from Main Street to Fifth St. BKF provided civil engineering and urban design services which included design development, surveying, construction documents, utility coordination, construction assistance and construction staking. Since the project was funded by a federal grant, BKF drafted all contract documents in compliance with federal and state regulations and procedures and assisted the City with facilitation and project approval from Caltrans’ Local Assistance and MTC. The project area consisted of residences, businesses and a Caltrain Station nestled within the perimeter of the Morgan Hill downtown/business district. The existing street and area, though was a utilitarian, underutilized, and sterile street environment. Since Depot Street provided a key connection between the Caltrain Station and the core downtown area, the street was given a total face lift which serves all modes of transportation. Given the City’s commitment to revitalize, beautify and link Depot Street to the recent community improvements and the downtown core, it was important to ensure that the design complimented the existing Community Center and the renovated Granary office center to create an attractive and economically vital district that attracts and accommodates a mixture of housing, shopping, entertainment, as well as cultural and recreational activities organized within a system of landscaped medians, streets and pedestrian and bicycle linkages. The proposed design introduced bicycle lanes and an elaboration of the existing pedestrian facilities. In the development of the geometric alternatives, the design was carefully evaluated for safety and staging. Bulb-outs were constructed at intersections and sidewalks were widened to increase pedestrian safety. Pavement striping was designed to facilitate bicyclists’ continuous, safe movement through the proposed street. Numerous community meetings were held to insure public awareness, support and consensus. Since the street and utilities were reconstructed, the stage construction and phasing design was detailed to guarantee access to fronting businesses and residences. Due to the success of the Depot Street Project, the BKF team was reselected to conduct the second phase of the Morgan Hill Beautification Projects and is currently involved in preliminary design for the 3rd Street Promenade. Santa Cruz Avenue Downtown Street Improvements, Los Gatos, California BKF provided the civil engineering design and topographical survey for the Downtown Los Gatos Street Improvement Project. This 3-phase project satisfied the Town of Los Gatos’ “Conceptual Streetscape Design for Central Business District Improvements” along Santa Cruz Avenue. The intent of the streetscape improvements is to welcome visitors and patrons to the downtown business district while providing aesthetic continuity along a heavily-traveled, multimodal business corridor. The improvements entailed traffic-calming curb bulb-outs, mid-block pedestrian crossings, landscaping, bicycle lanes, decorative luminaries, and aesthetic upgrades. Work included roadway regrading, stage construction to maintain continuous access to the businesses, coordination with utility companies to avoid service disruption, and the sidewalk design implementation using Villa Hermosa brick design pattern throughout the Santa Cruz Avenue. To promote continuity of the streetscape beautification theme, BKF completed an independent Gateway Conceptual Plan for the Santa Cruz Ave/Hwy 9 Intersection & the Santa Cruz Ave/Wood Ave Intersection. The conceptual plans incorporated intersection modifications, traffic operation improvements, & aesthetic details to match the Town’s streetscape design. During design and construction, BKF participated in several council presentations as well as community and public outreach to obtain project consensus and address project issues including design/improvements, merchant coordination, staging, traffic control, and pedestrian/bicycle circulation. 175 RELATED EXPERIENCE www.bkf.com Highway 9 Safety Improvements, Los Gatos, Monte Sereno, and Saratoga, California In reflection of a Congestion Mitigation and Air Quality (CMAQ) federal grant awarded to the Town of Los Gatos (who also represented the Cities of Monte Sereno and Saratoga), BKF Engineers led a team consisting of structural, geotechnical, traffic, and environmental designers/engineers, to prepare construction documents for the Highway 9 Safety Improvement Project. The main focus of the project was to improve bicycle and pedestrian safety along this 7 mile divided/undivided conventional highway owned and operated by Caltrans. Based on funding constraints and to avoid planning document requirements of Caltrans, BKF refined the scope and prepared an encroachment permit construction package to focus on the Phase I Improvements; Class II Bike Lane and Class III Bike Route Improvements only. The existing highway meanders through heavily-wooded and vegetated residential areas of Los Gatos, Monte Sereno and Saratoga. Due to the constraints of the existing cross section and hilly topography of this heavily-used conventional highway, BKF’s design challenge was to identify areas along the corridor that were inadequate to support bicycle use and could readily receive minor widening and restriping improvements to provide the additional width to improve safety for the bicyclists which use this corridor for both recreational and transit purposes. To address this challenge, BKF conducted several field visits to identify choke points and other existing constraints and prepared several value-analysis design concept alternatives balancing cost, safety-enhancement, non-standard design features, utility impacts, and environmental issues. In conjunction with the Cities and Caltrans, BKF participated and presented the findings of the analysis to the public during 4 separate working sessions while receiving community input. Through these public forums, BKF prepared a corridor-wide bicycle and pedestrian masterplan for which all improvements, including the future Phase II improvements, are based upon. BKF ultimately obtained community, City and Caltrans consensus and proceeded with construction documents. BKF prepared construction plans, including civil, traffic/signalized intersection, storm-drainage, grading, and pavement replacement, as well as contract specifications and estimates in accordance with Caltrans’ standards and in compliance with federal requirements associated with the grant. Design exceptions for Mandatory and Advisory non-standard design features was drafted, reviewed and approved by Caltrans prior to the issuance of the encroachment permit. BKF helped facilitate the environmental clearance (NEPA and CEQA) through Caltrans and prepared the PS&E Checklist, Right of Way Certification, and Utility Certification in support of the Town of Los Gatos’ efforts to procure the E-76 approval Local Assistance and MTC. Almaden Expressway Improvements, San Jose, California BKF Engineers was the civil prime consultant for the County of Santa Clara Roads and Airports On-Call services to design the Almaden Expressway Bicycle and Pedestrian Improvements Project in San Jose, California. BKF provided lead civil, traffic and construction administration services for this bicycle and pedestrian safety improvement project in Santa Clara County between Foxworthy and Ironwood/Almaden Road in south San Jose. The Almaden Expressway Bicycle and Pedestrian Improvement project is a federally-funded grant project for the construction of bicycle and pedestrian safety improvements on the County’s expressway. BKF assisted the County with the preparation of the construction documents for this FHWA funded bicycle safety project, including the preparation of the specifications through Caltrans’ Local Assistance Program. Recent changes to State DBE requirements (Race Neutral) were implemented in the contract documents and construction is complete. The main project improvements concentrate on transforming this stretch of northbound Almaden Expressway to a Class II Bikeway (Bike Lane) facility. The roadway widening with the addition of an exclusive bicycle lane and a standard shoulder allows traffic operations to be maintained while providing bicycle continuity for this stretch of expressway. ADA compliant sidewalk, crosswalks, and curb ramps were provided to maximize pedestrian safety. The project installed bicycle lanes to close existing gaps and comply with the Santa Clara County Bicycle Program. As part of the project improvements, BKF developed geometric line drawings based on the original conceptual design in order to facilitate design development and the approval process through the County, City of San Jose, Caltrans and the Santa Clara Valley Water District (SCVWD). In support of the bicycle improvements, BKF designed 2 signalized intersection modifications at the intersections of Almaden/Ironwood and Almaden/Koch. The project provided structural engineering design services that included sidewalk and barrier modifications at the 2 bridges crossing Guadalupe River to support ADA compliant pedestrian links through the project corridor. 176 RELATED EXPERIENCE www.bkf.com Midtown – North Main Street Improvement Projects, Milpitas, California The City of Milpitas secured a federal grant through the Metropolitan Transportation Commission’s (MTC) Transportation for Livable Communities (TLC) program to create a pedestrian-oriented street that will support existing and new development along North Main Street from Weller Lane to Carlo Street. The grant also includes upgrading portions of Carlo Street, Winsor Street and Abel Street within the Midtown North Main Street Corridor. BKF provided civil engineering and urban design services which included design development, surveying, construction documents, utility coordination, construction assistance and construction staking. Since the project was funded by a federal grant, BKF drafted all contract documents in compliance with federal and state regulations and procedures and facilitated and obtained E-76 project approval from Caltrans’ Local Assistance Coordination and MTC. The project area consisted of existing businesses, churches and several new developments including: a new 60,000 square foot City of Milpitas Library (that will encircle an historic school building); a 103 unit senior housing project; a 60,000 square foot Santa Clara County Health Center; and two parking structures, each with approximately 300 parking spaces. The Midtown – North Main Street Improvement Project is the first phase of implementation of the City of Milpitas’ Midtown Streetscape Guidelines and the Midtown Specific Plan. Given the City’s commitment to revitalize, and beautify the Midtown North Main Street Corridor, it was important to ensure that the design met the standards set by the Specific Plan and could be used as an example for the future phases of work. The final streetscape improvements needed to create an appealing and economically vital district that attracts and accommodates a mixture of shopping, entertainment, as well as cultural and recreational activities organized within a system of landscaped medians, bicycle lanes, streets and pedestrian linkages. In the development of the geometric alternatives, the design was carefully evaluated for safety and staging. Bulb- outs were constructed at intersections and sidewalks were widened to increase pedestrian safety. Bus stop locations were also adjusted to accommodate the new developments. Stage construction and phasing design was detailed to guarantee access to fronting businesses during the disruption of construction. East Main Street, Los Gatos, California BKF provided the civil engineering design and topographical survey for next phase of the Downtown Los Gatos Street Improvement Project, known as the East Main Street Streetscape Improvements. Similar to BKF’s efforts on the Santa Cruz Avenue project, the intent of the streetscape improvements was to revitalize the downtown area and enhance business in this historic area of Los Gatos. The project concentrated on bicycle and pedestrian improvements connecting Santa Cruz Avenue to other parts of Los Gatos. Pedestrian improvements included sidewalk bulbout areas decorated in the Town’s Villa Hermosa brick pattern. Sidewalk bulbouts, including mid-block pedestrian crossings, encouraged traffic calming and provided for safer pedestrian facilities along the shops and businesses fronting Main Street. Bicycle improvements included Class II bike route striping along Main Street. Combined with the pavement grind and replacement operations proposed in the construction documents, the project limits were re-striped to support vehicle through movement and parking, bicycle use, and pedestrian crossing at the 2 signalized intersections. The signalized intersection at Santa Cruz Avenue as well as University Avenue were modified to convert to video detection, implement decorative traffic signal poles, and relocate signal equipment. Signal controllers were strategically relocated and placed to minimize aesthetic impacts of equipment blocking shops and businesses along Main Street. Existing trees wells were replaced with decorative tree frames and grates which comply with ADA requirements. Other architectural features proposed by BKF Engineers included pedestrian/pet drinking fountains, bicycle racks, newspaper racks, garbage receptacles, and benches. During design and construction, BKF participated in community and public outreach to address design issues, merchant coordination, staging, traffic control, and pedestrian/bicycle circulation. 177 St a f f E x p e r i e n c e 178 Gates & Associates David Gates President David@dgates.com AREAS OF EXPERTISE • Group Leadership • Value Engineering Strategies • Pedestrian Friendly Environment • Public Presentations • Sustainable / LEED Design • Agency Liaison • Urban Design • Universal Access • Interactive and Sculptural Fountain Design REGISTRATIONS Landscape Architect #1550, CA 1970 Expiration Date: May 2009 Landscape Architect #670, NV 2006 Expiration Date: June 2008 Landscape Architect #40701, AvZ 2004 Expiration Date: June 2010 Landscape Architect #5815938, UT 2005 Expiration Date: May 2010 Landscape Architect #424, MA 1988 Expiration Date: January 2009 Landscape Architect #1192, TX 1983 Expiration Date: May 2008 PROFESSIONAL EXPERIENCE President, Gates & Associates, Danville, 1977- present Member Design Review Board, City of Walnut Creek, 1978 -1983 Instructor Site Planning, UC Extension, 1972 -1984 Assistant Professor of Landscape Architecture, UC Berkeley, 1971-1980 Associate, EDAW, Inc., San Francisco, 1971-1973 Project Designer, Boston Redevelopment Authority, Boston, 1970 -1971 EDUCATION M.A. Urban Design, Graduate School of Design, Harvard University, 1970 Master in Landscape Architecture, Graduate School of Design, Harvard University, 1968 B.A. Landscape Architecture, UC Berkeley, 1966 PROFESSIONAL AFFILIATIONS Member: American Society of Landscape Architects David Gates is a Landscape Architect, Urban Designer and Site Planner. His expertise includes large and small scale landscape architectural projects for both the private and public sectors. He has over 35 years of professional experience with the design of parks and recreation facilities ranging from neighborhood parks to recreation and open space master plans. He has worked for numerous public clients throughout the greater Bay Area. His public project portfolio includes community and civic centers, fire stations and libraries, as well as master plan and guideline documents. Further, he has worked for numerous private clients master planning office and college campuses, redeveloping downtown areas and designing mixed- use developments, as well as shopping centers, residential developments and waterfront redevelopment projects. It is David’s unique ability to develop creative solutions that recognize a variety of viewpoints. The spaces he creates are celebrated, educational reflections of the community that are sensitive to their environments. His designs successfully integrate the needs of all user groups. He has served on a number of city design review boards. This breadth of experience allows him to work with citizen’s groups and city agencies in a positive, efficient and sympathetic manner. David’s design expertise has been recognized by Urban Designer of the Year, the Builder’s Association, MAME, the Gold Nugget, the San Francisco Chronicle and numerous other sources. For many years David has promoted the new urbanist approach, which is exemplified in much of the firm’s work. RELEVANT PROJECT EXPERIENCE Streetscape Midtown North Main Street, Milpitas, CA• Streetscape Master Plan, San Ramon, CA• Highway 101/Francisco Boulevard Design Plan, San Rafael, CA• Caltrans 101 – Hillsdale/Bay Meadows, San Mateo County, CA• Ignacio Interchange, Hamilton Field, Novato, CA• State Route 242 Widening, Caltrans District 4, Contra Costa County, CA• Boronda/Highway 101 Interchange, Salinas, CA• San Ramon Valley Boulevard Planline Study, San Ramon, CA• Olive Avenue – Measure C Improvements, Novato, CA• Crow Canyon Road and Bollinger Canyon Road, San Ramon, CA• Sonoma Mountain Parkway, Petaluma, CA• Alcosta Boulevard Streetscape Planting, San Ramon, CA• Hamilton, Phase I Streetscape and Main Gate Improvements, Novato• Contra Costa Boulevard, Pleasant Hill, CA• Del Norte Area Guidelines, El Cerrito, CA• Green Valley Commercial Park and Streetscape, Fairfield, CA• Hacienda / Dublin Boulevard, Dublin, CA• San Ramon Streetscape Beautification Master Plan, San Ramon, CA• Landscape and Irrigation Standards, San Ramon, CA• San Ramon Valley Boulevard Entry Gateway, San Ramon, CA• South Novato Boulevard, Novato, CA• Stanford Medical Center Entry, Palo Alto, CA• 179 Gates & Associates Linda Gates Vice President linda@dgates.com AREAS OF EXPERTISE Public Outreach Programs• Community Design• Recreation Planning• Communication Action Plans• Sustainability Design• Environmental Assessment• Development of • Maintenance Standards Beautification Guidelines• Development of City • Standards, Details and Specifications LLD/LMD Formation• Universal Access• Plan Check and Field Reviews • for Public Agencies Agency Liaison: Flood control, • Caltrans, Fish & Game REGISTRATIONS Landscape Architect # 1821, California 1979 Expiration: August 2008 PROFESSIONAL EXPERIENCE Vice President, Gates & Associates, 1987-present Sr. Associate, Gates & Associates, 1977-1987 Assembly Appointee, Landscape Arch. Tech.Committee, 1998-2008 EDUCATION Postgraduate, University of Osaka, Japan, 1977 B.A. Landscape Architecture, Phi Beta Kappa, UC Berkeley, 1975 PROFESSIONAL AFFILIATIONS Member: American Society of Landscape Architects Linda Gates has extensive experience with a broad range of public and private landscape design and planning projects. She has managed numerous public design, renovation, and master planning projects throughout the Bay Area. Her designs emphasize the development of sustainable systems, while creating a special landscape identity that expresses the unique character of a space and its users. Her strengths in design review, community and recreation planning, park design, storm water management, maintenance solutions, and agency coordination, produce well conceived and successful public projects. Linda’s community facilitation expertise and outreach programs are reflected in her outstanding record of finding feasible solutions and building consensus among diverse stakeholders. RELEVANT PROJECT EXPERIENCE Downtown Revitalization / Design Guidelines Downtown Specific Plan, Pleasant Hill, CA• Design Guidelines and Improvement Strategies for the Eastside Business • District, Santa Cruz, CA• Commercial Core Revitalization and Design Guidelines, Brentwood, CA• Orinda Downtown Guidelines, Orinda, CA• Hayward General Plan Design Guidelines, Hayward, CA• Marin City Redevelopment Master Plan, Marin County, CA• San Pablo Avenue Design Guidelines, El Cerrito, CA• Urban Revitalization Study & Design Plan, Walnut Creek, CA• Bayfront Redevelopment Area, Emeryville, CA• Downtown Redesign, Los Altos, CA• Downtown Urban Design, Palo Alto, CA• Streetscapes Contra Costa Boulevard, Pleasant Hill, CA• Downtown Streetscape Improvements for Burlingame, CA• Streetscape Beautification, Novato, CA• South Novato Boulevard, Novato, CA• Diablo Road Median, Danville, CA• Eastside Business District Design Study, Santa Cruz, CA• Hamilton, Phase I Streetscape Improvements, Novato, CA• Hamilton, Main Gate Improvements, Novato, CA• Highway 12 Design Guidelines, Sonoma County, CA• Sonoma Mountain Parkway, Sonoma, CA• Stanford Medical Center Entry, Stanford, CA• San Ramon Streetscape Master Plan, San Ramon, CA• North Texas Street, Fairfield, CA• San Ramon Valley Boulevard, San Ramon, CA• Community Outreach Doyle Hollis Park, Emeryville, CA• Pittsburg Marina, Pittsburg, CA• Pittsburg Promenade, Pittsburg, CA• Middle Harbor Shoreline Park, Oakland, CA• Paden School, Paden, CA• 180 Gates & Associates Kimmy Chen Senior Landscape Architect kimmy@dgates.com AREAS OF EXPERTISE • Design •Green/Sustainable Design • Design Review • Construction Documents • LEED Requirements •Bay Friendly Landscape Requirements • Construction Review • ADA REGISTRATION Landscape Architect # 5072 California 2005 Expiration: March 31, 2010 EDUCATION M.L.A, Landscape Architecture, University of California, Berkeley, 1997 B.S., Horticulture, National Taiwan University, Taipei, Taiwan, 1994 PROFESSIONAL AFFILIATIONS Guest Speaker, Department of Landscape Architecture, University of Maryland, March 2001 Instructor, Department of Architecture, Chabot College-Hayward, CA, Spring 2006 LANGUAGE FLUENCY English Mandarin Taiwanese Japanese Kimmy Chen has managed numerous projects both in public and private sectors. Her skills include the creation of project concept, design development, cost estimating, construction document production and construction administration. One of Kimmy’s areas of focus is environmentally sustainable designs, including LEED and Bay-Friendly design criteria. Her rich creative designs are memorable, sensitive to the cultural and historical setting of a site, educational and functional. Kimmy’s broad cultural background, together with her great graphic and presentation skills, has added versatility to her design approach and successful management of design projects. RELEVANT PROJECT EXPERIENCE Streetscape Depot Street Master Plan, Morgan Hill, CA• Depot Street Reconstruction Project, Morgan Hill, CA• Morgan Hill 3rd Street Master Plan, Morgan Hill, CA• Livermore Downtown Specific Plan, Livermore, CA• Fairfield Corporate Commons Master Plan, Fairfield, CA• Pinole Valley Road Entry Gateway Master Plan, Pinole, CA• Stone Valley Road Beautification and Improvement Plan, Alamo, CA• Milpitas Midtown North Main Streetscape, Milpitas, CA• Environmently Sensitive Belmont Library, Belmont, CA• Milpitas Main Library, Milpitas• Castro Valley Library, Castro Valley, CA• Roosevelt Community Center, San Jose• San Leandro Senior Center, San Leandro, CA• Commercial Fair & Swanson Estuary, Oakland, CA• Koll Center Parkway, Pleasanton, CA• Tony LaRussa Animal Rescue Foundation, Walnut Creek, CA• Valley Human Society Adoption Education Center, Pleasanton, CA• Midtown East Parking Garage, Milpitas, CA• Second Home Village Center, Jiangsu, China• Second Home Art Villa, Jiangsu, China• Second Home Entry Landscape Enhancement, Jiangsu, China• Civic • Alameda County Water District Headquarters, Fremont, CA• • Dunnell Property (Community Center in Park Setting), Fairfield, CA• • Livermore City Hall, Livermore, CA• • Roosevelt Community Center, San Jose • • Santa Clara Community Center, Santa Clara, CA• • Veteran’s Memorial Building, Lafayette, CA• • San Leandro Senior Center, San Leandro, CA• 181 RESUME NATALINA V. BERNARDI, PE Civil Project Manager www.bkf.com Ms. Bernardi has over 23 years of technical and management experience in the transportation field. As a Principal –in- Charge and Project Manager, Ms. Bernardi has been extensively involved in the engineering design and enhancement of streets, parking lots and pedestrian facilities. Her work has included roadway reconstruction, bicycle and pedestrian access, intersection signals and improvement plans. Ms. Bernardi has effectively managed large design teams and worked closely with public agencies, community organizations, utility companies, institutions, and private owners to incorporate specific concerns and regulations into design. DEPOT STREET RECONSTRUCTION PROJECT Morgan Hill, California ¾ Street Reconstruction of Five Blocks ¾ Downtown Enhancement ¾ Conversion to Pedestrian and Bicycle Oriented Street ¾ Drainage Design / Utility Relocations ¾ Landscape Improvements and Enhancements ¾ Maintenance of Residential and Business Access ¾ Complicated Stage Construction ¾ Community Meetings and Consensus ¾ Federally Funded Grant with Caltrans Project Approval MIDTOWN NORTH MAIN STREET IMPROVEMENT PROJECT Milpitas, California ¾ Street Beautification and Reconstruction ¾ Pedestrian Oriented Facility/ Traffic Calming ¾ Elaborate Landscaping and Streetscape ¾ Downtown Beautification Project ¾ Utility Reconstruction and Undergrounding ¾ Preservation of Historic Building ¾ MTC & Caltrans Approval for Federal Regulation Compliance SANTA CRUZ AVENUE STREETSCAPE AND PAVEMENT REHABILITATION Los Gatos, California ¾ Downtown Beautification / Gateway Project ¾ Streetscape, Traffic Calming and Bulb-out Design ¾ Utility Coordination and Relocation ¾ Roadway Re-profiling/Drainage Improvements ¾ Pedestrian Crossings ¾ Community Outreach EAST MAIN STREET Los Gatos, California ¾ Revitalization of Downtown Los Gatos ¾ Sidewalk Enhancements and Bulb-out Design ¾ Bicycle & Pedestrian Safety Improvements ¾ Class III Bike Route ¾ Signalized Intersection Modifications ¾ Federally Funded with Caltrans Local Assistance Approval ¾ Community and Public Outreach ¾ Accelerated Design and Construction Schedule ¾ Construction Staging to Minimize Impacts to Merchants OLD TOWN CORDELIA STREETSCAPE PROJECT Solano County, California ¾ Streetscape Design to Enhance Historic Character ¾ Landscape Improvements and Enhancements ¾ Enhanced Pedestrian and Bicycle Facilities ¾ Bicycle & Pedestrian Safety Improvements ¾ Utility Coordination and Undergrounding ¾ Drainage and BMP Design ¾ Community Consensus ¾ Caltrans Encroachment Permit 182 RESUME NATALINA V. BERNARDI, PE Civil Project Manager www.bkf.com ALMADEN EXPRESSWAY IMPROVEMENTS San Jose, California ¾ Safety Improvement Project ¾ Striping Realignment for Bicycle Lanes ¾ Street Widening and Reconstruction to Improve Pedestrian Access ¾ Barrier Construction ¾ Geometric Alternative Analysis ¾ Federally Funded with Caltrans Project Approval HIGHWAY 9 SAFETY IMPROVMENTS Los Gatos, Monte Sereno, & Saratoga, California ¾ Pedestrian and Bicycle Safety Improvements ¾ Class II and III Bicycle Improvements ¾ ADA Compliant Pedestrian Facilities ¾ Combined Bicycle and Pedestrian Masterplan ¾ AASHTO Design Policy for Bicycles ¾ Public Presentation/Stakeholder Consensus ¾ Tri-City Design, Coordination and Oversight ¾ Design Exceptions Processed for Caltrans Approval ¾ Caltrans Encroachment Permit 3RD/4TH STREET COUPLET CONVERSION San Jose, California ¾ Street Conversion for Two-Way Traffic ¾ Downtown & Local Residential Street Beautification ¾ Bulb-outs & Decorative Pavement ¾ Traffic Calming Features ¾ Upgrade Walkways and Pedestrian Facilities ¾ ADA Compliance ¾ Community Workshops and Consensus IRON HORSE TRAIL / SCARLETT DRIVE EXTENSION PROJECT Dublin, California ¾ Roadway Widening / Trail Reconstruction ¾ Pedestrian & Bicycle Circulation ¾ Sidewalk Enhancement/Signing & Striping ¾ Traffic Signal Design ¾ Environmental Assessment Assistance ¾ Public Outreach / Community Meetings OAKLAND ROAD WIDENING San Jose, California ¾ Widening of Arterial / Alternative Geometric Analysis ¾ Incorporation of Bicycle and Pedestrian Facilities ¾ Landscape and Roadway Enhancements ¾ Traffic Analysis ¾ Environmental Clearance ¾ Right of Way Engineering ¾ Community Meetings and Consensus Building EDUCATION B.S., Civil Engineering, University of California, Berkeley REGISTRATION Professional Civil Engineering, California No. 45407, 1990 TOTAL YEARS PROFESSIONAL EXPERIENCE 23 years 183 RESUME GORDON SWEET, PE Civil Engineer www.bkf.com Mr. Sweet will serve as the Project Manager and has over 12 years of experience. His responsibilities encompass roadway, highway heavy/light rail, and bicycle/pedestrian path design. His experience entails civil, traffic and ADA related aspects of roadway and bicycle/pedestrian projects including geometrics, profiles, drainage, construction details, earth retaining and soundwall systems, signing and striping, traffic analysis, staging, and traffic handling. Mr. Sweet has performed project design and coordination through the preliminary stages of planning to the final phases of construction staking. DEPOT STREET RECONSTRUCTION PROJECT Morgan Hill, California ¾ Street Reconstruction and Beautification ¾ Conversion to Pedestrian and Bicycle Oriented Street ¾ Drainage Design/Utility Relocations ¾ Landscape Improvements and Enhancements ¾ Multi-phased Stage Construction ¾ Federally Funded Grant w/ Caltrans Project Approval ¾ Documents In Compliance with Federal Requirements HIGHWAY 9 SAFETY IMPROVEMENTS Los Gatos, Monte Sereno & Saratoga, California ¾ Bicycle Lane / Path and Pedestrian Masterplan ¾ Interim Class II/III Bike Lane Improvements ¾ Multi-Phased Stage Construction / Signal Modification ¾ Pedestrian Push-Button Lighted Crosswalks ¾ Public Outreach and Multi-Jurisdictional Approval ¾ CMAQ Grant with Caltrans Local Assistance Approval ¾ Caltrans Encroachment Permit SANTA CRUZ AVENUE STREETSCAPE AND PAVEMENT REHABILITATION Los Gatos, California ¾ Downtown Beautification & Aesthetic Improvements ¾ Conceptual Downtown Gateway Design ¾ Drainage Analysis and Improvements ¾ Pedestrian Access and ADA Design ¾ Construction Phasing, Staging, & Traffic Handling ¾ Utility Relocations ¾ Public Outreach Presentations and Exhibits ¾ Caltrans and Local Jurisdiction Coordination MAIN STREET STREETSCAPE PROJECT Los Gatos, California ¾ Revitalization of Downtown Los Gatos ¾ Sidewalk Enhancements and Bulb-Out Design ¾ Bicycle & Pedestrian Safety Improvements ¾ Signalized Intersection Modifications ¾ Federally Funded Grant with Caltrans Local Assistance Approval ¾ Community and Public Outreach ¾ Accelerated Design and Construction Schedule ¾ Construction Staging to Minimize Impacts to Merchants ALMADEN EXPRESSWAY IMPROVEMENTS San Jose, California ¾ Bicycle / Pedestrian Safety Improvement Project ¾ Traffic Calming / Vehicular Geometric Improvements ¾ Striping Realignment for Class II/III Bicycle lanes ¾ Street Widening and Reconstruction to Improve ADA Pedestrian Access ¾ Geometric Alternative Analysis ¾ Federally Funded with Caltrans Project Approval ¾ Multiple Jurisdictions / Permitting Stakeholders ¾ Construction Assistance 184 RESUME GORDON SWEET, PE Civil Engineer www.bkf.com WESTGATE PARKWAY EXTENSION PROJECT San Leandro, California ¾ Local Street Widening and New Construction ¾ Phased Design Project/ Utility Master Planning ¾ Pedestrian/Bicycle Circulation ¾ Landscape/Beatification Enhancement ¾ In-Pavement Lighting for Crosswalk ¾ Drainage Analysis & Design/Grading Design ¾ Sound Wall and Retaining Wall Design ¾ Right-of-Way Assessment and Recommendations ¾ Coordination with City, Utility Owners and Stakeholders ¾ Staging for Continuous Access to Shopping and Residential Sites MARY AVENUE EXTENSION PROJECT Sunnyvale, California ¾ New Overcrossing over US 101 / SR 237 ¾ Horizontal / Vertical Plan and Profile to Thread Above US 101, SR 237 and VTA LRT Corridor ¾ VTA Pedestrian and Bicycle Enhancement Review ¾ Mandatory and Advisory Design Exceptions ¾ Storm Water Data Report / SWPPP Requirements ¾ SCVWD for Discharge Permit Requirements ¾ PSR/PR for Overcrossing Above US 101 and SR 237 OAKLAND ROAD WIDENING San Jose, California ¾ Widening of Local Street ¾ Alternative Geometric Analysis ¾ Pedestrian Circulation / ADA Compliance ¾ Grading & Drainage Design ¾ Landscape/Beatification Enhancement ¾ Utility Master Planning and Coordination ¾ Right-of-Way Assessment and Recommendations ¾ Coordinated Needs and Input of Multi-Jurisdictions AMERICA CENTER – GREAT AMERICA PARKWAY/ROUTE 237 San Jose, California ¾ Roadway Design with Landscaping features ¾ Stage Construction and Traffic Handling Plans ¾ Class I Bike Path Design ¾ Erosion Control & Best Management Practices ¾ Utility Coordination ¾ Environmental Mitigation ¾ City of San Jose and Caltrans Encroachment Permit ¾ Construction Inspection BAY MEADOWS DEVELOPMENT San Mateo, California ¾ 173-acre site/Commercial Site/Residential Site ¾ Interchange Reconfiguration / Local Street Widening ¾ Traffic Operation Analysis / Temporary Detour Ramps ¾ Utility Coordination & Permit Processing ¾ Multi-Jurisdiction Approval and Utility Coordination ¾ Grading & Drainage Design ¾ Pedestrian and Bicycle Circulation EDUCATION B.S. Civil Engineering, University of Arizona, 1994 REGISTRATIONS Professional Civil Engineer, CA No. 58264, 1998 TOTAL YEARS PROFESSIONAL EXPERIENCE 12 years 185 RESUME JEFF WANG, PE Traffic Engineer www.bkf.com Mr. Wang has over 25 years experience as a Traffic Engineer. Mr. Wang will serve as the Traffic Engineer. His extensive experience with rehabilitation and modification projects will facilitate the intersection design and traffic handling aspects of the project. There is a direct relationship between the construction staging alignment and the geometric design. Mr. Wang will review each proposed alternative to ensure that traffic flow is maintained through the project zone and that no additional right of way would be required due to stage construction. EAST MAIN STREET Los Gatos, California ¾ Revitalization of Downtown Los Gatos ¾ Sidewalk Enhancements and Bulb-out Design ¾ Bicycle & Pedestrian Safety Improvements ¾ Class III Bike Route ¾ Signalized Intersection Modifications ¾ Construction Staging DEPOT STREET RECONSTRUCTION PROJECT Morgan Hill, California ¾ Street Realignment ¾ Conversion to Pedestrian and Bicycle Oriented Street ¾ Maintenance of Residential and Business Access ¾ Complicated Stage Construction ¾ Federally Funded Grant with Caltrans Approval SANTANA ROW MIXED-USE DEVELOPMENT San Jose, California ¾ Parks and Plazas/ Infrastructure Design ¾ Geometrics for Off-site Road Design ¾ Intersection Turning Maneuver Analysis ¾ Pedestrian and Bicycle Facilities ¾ Pavement Delineation and Signing Plan ¾ Stage Construction and Detour Plans WESTGATE PARKWAY EXTENSION PROJECT San Leandro, California ¾ Local Street Widening and Roadway Extension ¾ Intersection Signal/Signing and Striping ¾ Pedestrian/Bicycle Circulation ¾ Lighted Pedestrian Crosswalks ¾ Staging for Continuous Business Access MIDTOWN NORTH MAIN STREET IMPROVEMENT PROJECT Milpitas, California ¾ Street Beautification and Reconstruction ¾ Pedestrian Oriented Facility/ Traffic Calming ¾ Elaborate Landscaping and Streetscape ¾ Utility Reconstruction and Undergrounding ¾ Preservation of Historic Building ¾ MTC & Caltrans Approval for Federal Compliance LAWERANCE EXPWY / MITTY WAY PEDESTRIAN IMPROVEMENTS San Jose, California ¾ Pedestrian Safety Improvements ¾ Minor Geometric Intersection Modifications ¾ ADA Compliance ¾ Intersection Analysis ¾ County of Santa ClaraTraffic Signal Modifications ¾ Santa Clara County Water District Approval HIGHWAY 9 SAFETY IMPROVMENTS Los Gatos, Monte Sereno, & Saratoga, California ¾ Bicycle Lane/Path and Pedestrian Masterplan ¾ Class II/III Bike Lane and Safety Improvements ¾ Pedestrian push-button lighted crosswalks ¾ Caltrans Encroachment Permit with Design Exception Approval EDUCATION M.S., Civil Engineering, San Jose State University, San Jose B.S., Highway and Traffic Engineering, Tonji University, Shanghai REGISTRATION Professional Civil Engineering, California No. 57006 TOTAL YEARS PROFESSIONAL EXPERIENCE 25 years 186 RESUME DAVIS THRESH, PLS Survey Manager www.bkf.com Mr. Thresh will serve as the Survey Manager. His survey experience spans over 25 years. Throughout his tenure with BKF, he has played a key role in many projects, in both the public and private sectors. His responsibility involves project management of all survey projects including scheduling, budget tracking, dispatching, supervision of crews, and coordination of the office and field surveyors. Mr. Thresh has directly overseen the topographic and staking surveys and right-of-way acquisition and aerial mapping for many of the firm's roadway and transportation projects. HIGHWAY 9 SAFETY IMPROVEMENTS Los Gatos, Monte Sereno & Saratoga, California ¾ Class II/III Bike Lane Improvements ¾ Caltrans GPS Control ¾ Topographic Surveying ¾ Construction Staking SANTA CRUZ AVENUE STREETSCAPE AND PAVEMENT REHABILITATION Los Gatos, California ¾ Roadway Reconstruction and Beautification ¾ Supplemental Topographic Surveying ¾ Establish NAD 83 Survey Control ¾ Construction Staking ¾ Utility Pothole Surveying DUBLIN BLVD / DOUGHERTY ROAD IMPROVEMENTS PROJECT Dublin, California ¾ Local Street Widening ¾ Right of Way Mapping and Acquisition ¾ Plat and Legal Preparation ¾ Caltrans and Local Project Control ¾ GPS Surveying ¾ Topographic Surveying ¾ Construction Staking SAND HILL ROAD CORRIDOR PROJECTS Palo Alto, California ¾ Roadway Widening, Shopping Center Expansion and Multi-Unit Development ¾ ROW Acquisition & Mapping/ Easement Preparation ¾ Topographic Surveying & Aerial Photo Mapping ¾ Construction Staking BAY MEADOWS DEVELOPMENT San Mateo, California ¾ 173-Acre Mixed-Use Development Site ¾ Construction Staking and Preliminary Design Surveys ¾ Right-of-Way Mapping and Acquisition ¾ Utility Mapping and Potholing ¾ Project Control / Monumentation Perpetuation ¾ GPS Surveying OAKLAND ROAD WIDENING San Jose, California ¾ Local Street Widening ¾ Right-of-Way Research and Documentation ¾ Photo Flight Control ¾ GPS Surveying ¾ Utility Potholing ¾ Topographic Surveying MISSION COLLEGE BOULEVARD PROJECT Santa Clara, California ¾ Local Street Widening ¾ Boundary Resolution ¾ Project Control Survey ¾ GPS Surveying ¾ Topographic Surveying EDUCATION Surveying, Diablo Valley College, CA REGISTRATION Professional Land Surveyor, CA No. 6868, 1992 YEARS WITH BKF 18 years TOTAL YEARS PROFESSIONAL EXPERIENCE 25 years 187 Or g a n i z a t i o n C h a r t 188 Gates & Associates PROJECT TEAM CITY OF SARATOGA GATES + ASSOCIATES BKF DAVID GATESNATALINA BERNARDI, PEPrincipal-in-Charge Civil Project Manager KIMMY CHENGORDON SWEETProject ManagerCivil Engineer Streetscape Design/ Community Facilitation Civil Engineering/ Surveying LINDA GATES JEFF WANG, PE DAVIS THRESH, PLS Community Outreach Traffic Engineer Survey Manager 189 Sc o p e a n d F e e 190 WORKSCOPE SARATOGA – Village Pedestrian Enhancements CONCEPTUAL DESIGN PHASE TASK 1 – CONCEPT DEVELOPMENT The objectives of this task are to develop a framework for project administration format for public participation, to collect base data from the City and stakeholders and through field observation; in order to develop an understanding of project issues. Explore various streetscape concepts. SubTask 1.1 – Kick-off Meeting • Meet with City Staff to review project goals, issues, schedule and other aspects of project management. • Review outreach process including: • Potential workshop locations, format & timing. • Identify outreach tools appropriate for the community: target publications, commerce newsletters, local gazette, community website and community events to which outreach may be linked. • Develop bilingual outreach materials if appropriate SubTask 1.2 – Existing Document Review Consult with City Staff to determine policies, ordinances and standards, and agreements which might impact the study area including maintenance issues and special usage patterns- festivals, merchant sales, or other events. SubTask 1.3 – Field Reconnaissance / Base Map Field reconnaissance to assess existing conditions, including: • Existing thematic ambiance • Circulation patterns – auto, pedestrian, bicycle • General locations of off-street and on-street parking • Overhead utilities, awning, signage and other overhead elements • Existing land uses and businesses along corridor Gain an understanding of regional context, circulation patterns and uses in the surrounding areas which might impact the streetscape design (schools, public facilities, concentration of residential population, public transit route). Establish and set aerial control for HJW’s mapping. Develop Base Map with existing improvements, utilities and right of way based on As-Built information. Sub Task 1.4 – Concept Development Identify the opportunities for “place-making” at an urban design scale which builds up on the existing resources of the area. Prepare exhibits for the workshop including images from other communities. Work with design team to identify pedestrian improvements. • sidewalk improvements • raised crosswalks • pedestrian bulbouts • crosswalk lights Prepare an urban design vision which integrates transit, auto access to parking, pedestrian paseo, gateways, nodes, and key intersections. Explore options for beautification improvements – landscaping street furnishes. 191 SubTask 1.5 – COMMUNITY MEETING #1 “Place making Potential” Assist the Staff in preparation for community workshop; (graphic/flyer, web-site announcement etc.). Conduct an issue-generating workshop to: • Review existing conditions • Discuss desired imagery using examples from other communities. • Discuss site opportunities and constraints. • Begin to establish consensus on 3 options for further exploration. SubTask 1.6 – Alternative Development Prepare 3 alternative concept plans and illustrative cross sections describing a streetscape treatment using input from workshop. SubTask 1.7 – Cost Estimates Work with design team to develop order of magnitude cost for each of the alternatives. Sub Task 1.8 – Staff Review Review materials with City Staff. SubTask 1.9 – COMMUNITY MEETING #2 “Alternative Assessment Workshop” At workshop present the alternative plans and urban design concepts. Assist the community in evaluating the option. Identify a preferred option. PRODUCTS: AGENCY & MEETINGS: Workscope schedule Staff Meeting 2 Workshop concept materials Community Meeting 2 Urban Design Vision 3 Alternative Concepts and estimates TASK 2 – FINAL CONCEPT PLAN The objective of this task is to develop a community endorsed, implementable streetscape improvement design that will: • Unify street thematically to create a destination • Encourage pedestrian and bicycle use • Address sustainable concepts as appropriate • Address the need for traffic calming measures • Enhance pedestrian safety SubTask 2.1 – Conceptual Streetscape Plans Develop final concept plans clearly illustrating proposed recommendations. SubTask 2.2 – Streetscape Palette Assemble package of preferred street furniture and materials including landscape, sidewalk & cross walk paving; crosswalk lighting, street furniture such as benches, trash receptacles, bicycle racks, tree grates & guards, hanging baskets and way-finding devices. SubTask 2.3 – Cost Estimate Work with design team to update cost estimate. SubTask 2.5 – Staff Review Meet with staff to review plans and estimate identifying finalized refinements. 192 SubTask 2.6 – Public Hearing Present plan to City Council to obtain authorization to proceed to construction documents. PRODUCTS: MEETINGS: Final Concept Plan Public Hearings 1 Streetscape Palette Staff 1 Presentation Exhibits CONSTRUCTION DESIGN PHASE TASK 3 – CONSTRUCTION DRAWINGS The final conceptual design shall be refined into a bid package including plans specification and estimates for street improvements. SubTask 3.1 – Street & Utilities Survey (Optional) Work with the City Public Works, Engineering, and Geographic Information Systems Departments to obtain any available and relevant data. Conduct a survey that will map the existing physical conditions and infrastructure of the project area at key locations. SubTask 3.2 – 50% Plans & Specifications • Prepare Layouts and Construction Details (1”=20’) • Prepare Grading Plans • Prepare Intersection Plans including striping, crosswalks and lighting • Electrical plans • Planting plan & details • Irrigation plan & details • Prepare Cost Estimate • Prepare in-house quality control review SubTask 3.3 – 75% Plans & Specifications • Incorporate 50% Comments and Develop Plans to 75% • Address Staging Requirements • Prepare Project Specifications and Update Estimate • Perform in-house quality control review SubTask 3.4 – 90% Plans & Specifications Complete final redlines and calculations. • Incorporate 75% Comments and Develop Plans, Specifications and Estimate to 90% • Update and finalize project specifications and estimate • Verify that grant requirements have been met • Perform in-house quality control review SubTask 3.5– Final Plans, Specification & Estimate • Incorporate 90% Comments and Finalize Plans, Specifications and Estimate • Perform in-house quality control review PRODUCTS: Construction Documents at 50%, 75%, 90% & Final Bid Package MEETINGS: Staff 2 193 TASK 4 – CONSTRUCTION SERVICES The objective of this task is to support the City through the bidding, contract award, and construction phases of the project. SubTask 4.1 - Bidding The consultant team will assist the City during the Bid process as follows: • Interpretation of plans and specifications for bidders • Preparation of technical aspects of addenda to be issued by the City. SubTask 4.2 – Construction Administration The consultant Team will assist the City during project construction as follows: • Submittal reviews: Review and process all submittals and shop drawings specifically required in the technical specifications. • Construction Meetings: Attendance at 2 construction meetings to review construction progress, make adjustments, approve construction layout, review grading concept, approve plant material and planting layout. Provide a written field report following each site visit. • Clarifications: Respond to contractors RFI's and City questions. SubTask 4.3 – Prepare As-Built Drawings Prepare as-built drawings in CAD format, incorporating postings, field changes and manuals provided by manufacturers. PRODUCTS Addenda as needed Fields Reports Record Drawings MEETINGS Construction Meetings 4 ASSUMPTIONS: • Traffic Analysis work is not a part of scope. • 3rd public workshop would be an additional service for $3,200. • City will be responsible for conducting bid process & construction management. 194 TA S K & H O U R L Y S C H E D U L E SA R A T O G A V I L L A G E P E D E S T R I A L E N H A N C E M E N T S Da v i d G a t e s Pr i n c i p a l $1 9 5 / h r . Pr o j e c t Ma n a g e r $1 1 0 / h r . Fa c i l i t a t o r $1 5 5 / h r . As s o c i a t e $1 0 0 / h r . PI C $1 8 8 / h r . PM $1 6 2 / h r . En g I I I $1 3 2 / h r . En g I I $1 1 6 / h r . En g I $1 0 1 / h r . En g T e c h $1 1 3 / h r . Clerical $65/hr.Surv Team $271/hr.SubTotal CO N C E P T U A L D E S I G N P H A S E TA S K 1 - C O N C E P T D E V E L O P M E N T Su b T a s k 1 . 1 K i c k - o f f M e e t i n g 44 2 Su b T a s k 1 . 2 E x i s t i n g D o c u m e n t R e v i e w 41 4 Su b T a s k 1 . 3 F i e l d R e c o n n a i s s a n c e 46 7 2 6 4 8 Su b T a s k 1 . 4 C o n c e p t D e v e l o p m e n t 41 2 8 3 Su b T a s k 1 . 5 C o m m u n i t y M e e t i n g # 1 48 8 8 Su b T a s k 1 . 6 Alt e r n a t i v e D e v e l o p m e n t 824 1 8 3 2 4 Su b T a s k 1 . 7 C o s t E s t i m a t e s 16 6 2 Su b T a s k 1 . 8 S t a f f R e v i e w 44 3 3 Su b T a s k 1 . 9 C o m m u n i t y M e e t i n g # 2 48 8 8 Subtotal H o u r s 3 3 7 6 1 6 4 8 8 1 6 2 8 8 4 0 8 Su b t o t a l F e e 6 , 4 3 5 . 0 0 $ 8 , 3 6 0 . 0 0 $ 2,4 8 0 . 0 0 $ 4 , 8 0 0 . 0 0 $ 1 , 5 0 4 . 0 0 $ 2,5 9 2 . 0 0 $ 264 . 0 0 $ 9 2 8 . 0 0 $ 8 0 8 . 0 0 $ 4 5 2 . 0 0 $ - $ 2,168.00$ 30,791.00$ Ga t e s + A s s o c i a t e s B K F E n g i n e e r s TA S K 2 - C O N C E P T D E V E L O P M E N T Su b T a s k 2 . 1 C o n c e p t u a l S t r e e t s c a p e P l a n s 41 6 1 2 2 5 8 6 Su b T a s k 2 . 2 S t r e e t s c a p e P a l e t t e 18 6 Su b T a s k 2 . 3 C o s t E s t i m a t e 46 2 4 Su b T a s k 2 . 4 S t a f f R e v i e w 44 2 Su b T a s k 2 . 5 P u b l i c H e a r i n g 42 4 Su b t o t a l H o u r s 1 3 3 4 0 2 8 4 7 0 1 2 6 0 0 0 Su b t o t a l F e e 2,5 3 5 . 0 0 $ 3 , 7 4 0 . 0 0 $ - $ 2,8 0 0 . 0 0 $ 7 5 2 . 0 0 $ 1 , 1 3 4 . 0 0 $ - $ 1 , 3 9 2 . 0 0 $ 6 0 6 . 0 0 $ - $ - $ -$ 12,959.00$ CO N S T R U C T I O N D E S I G N P H A S E TA S K 3 - C O N S T R U C T I O N D R A W I N G S Su b T a s k 3 . 1 S t r e e t & U t i l i t i e s S u r v e y 2410 Su b T a s k 3 . 2 50% P l a n s & S p e c i f i c a t i o n s 22 4 4 2 4 4 2 8 8 8 Su b T a s k 3 . 3 7 5 % P l a n s & S p e c i f i c a t i o n s 2 2 4 4 2 4 2 1 0 6 1 2 1 6 8 2 Su b T a s k 3 . 4 9 0 % P l a n s & S p e c i f i c a t i o n s 24 4 1 6 2 1 0 4 2 4 1 2 1 0 Su b T a s k 3 . 5 F i n a l P l a n s , S p e c . & E s t i m a t e 12 4 1 2 2 4 8 4 2 Su b t o t a l H o u r s 4 8 4 1 6 7 6 6 2 8 1 4 5 2 4 0 3 2 2 1 0 Su b t o t a l F e e 7 8 0 . 0 0 $ 9 , 2 4 0 . 0 0 $ 2,4 8 0 . 0 0 $ 7 , 6 0 0 . 0 0 $ 1 , 1 2 8 . 0 0 $ 4 , 5 3 6 . 0 0 $ 1 , 8 4 8 . 0 0 $ 6 , 0 3 2 . 0 0 $ 4 , 0 4 0 . 0 0 $ 3 , 6 1 6 . 0 0 $ 1 3 0 . 0 0 $ 2,710.00$ 44,140.00$ TA S K 4 - C O N S T R U C T I O N S E R V I C E S Su b T a s k 4 . 1 B i d d i n g 82 2 Su b T a s k 4 . 2 C o n s t r u c t i o n A d m i n i s t r a t i o n 24 6 4 Subtotal H o u r s 0 3 2 0 0 0 8 0 0 6 0 0 0 Su b t o t a l F e e - $ 3 , 5 2 0 . 0 0 $ - $ - $ - $ 1 , 2 9 6 . 0 0 $ - $ - $ 6 0 6 . 0 0 $ - $ - $ -$ 5,422.00$ Pr i n t i n g & D e l i v e r y 1,500.00$ Aer i a l M a p p i n g 4,800.00$ TO T A L 99,612.00$ 19 5 CITY OF SARATOGA PUBLIC WORKS DEPARTMENT STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Gates and Associates, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on August 1, 2008, and extends through July 31, 2009 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only 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. Public Works Department Page 1 of 17 Standard Contract 196 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 John Cherbone ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no 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: Linda Gates, Vice President Gates and Associates 2671 Crow Canyon Road San Ramon, CA 94583 Notices to City shall be sent to: John Cherbone, Public Works Director 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 Public Works Department Page 2 of 17 Standard Contract 197 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. -The remainder of this page is intentionally blank- Public Works Department Page 3 of 17 Standard Contract 198 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: Dave Anderson Title: City Manager APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By:_______________________________ Date: __________________ Administrative Services Director Attachments Exhibit A - Scope of Work Exhibit B - Contract Payment and Reporting Schedule Exhibit B-1 - Contractor’s Task and Hourly Schedule Exhibit C - Facilities and Equipment Exhibit D - General Provisions Exhibit E - Insurance Requirements Public Works Department Page 4 of 17 Standard Contract 199 EXHIBIT A SCOPE OF WORK The Contractor services required by the City shall include, but not limited to, the preparation of conceptual design plans, cost estimates, and construction design plans for the Village Pedestrian Enhancement Project as follows: 1. Conceptual Design Phase • 1st City Staff Meeting – Kick Off • Prepare Conceptual Design Ideas/Samples for 1st Public Meeting • 1st Public Meeting – Public Input • Up to three (3) Conceptual Layout Plans Based on Public Input • 2nd City Staff Meeting - Review Conceptual Plans and Cost Estimates • 2nd Public Meeting – Review and Consensus of Conceptual Plans • 3rd Public Meeting (If Needed)– Further Review of Conceptual Plans (Budget Separately) • 3rd City Staff Meeting – Review Final Conceptual Plan • City Council Meeting – Review and Approval of Final Conceptual Design Plan 2. Construction Design Phase • 50% Civil Design Plans and Specifications • 75% Civil Design Plans and Specifications • 90% Civil Design Plans and Specifications • Final Civil Design Plans and Specifications • Bid Support 3. Construction Phase • Construction Support Public Works Department Page 5 of 17 Standard Contract 200 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION . City shall pay Contractor at the rates set forth on the attached task and hourly rate schedule as listed in Proposal for Saratoga Village Pedestrian Enhancements dated May 14, 2008 (Exhibit B-1). The schedule as set forth in Exhibit B-1 shall be used for work performed and equipment, supply, and expense costs incurred pursuant to this Agreement. a. All services as described in Exhibit A – Scope of Work shall be charged in accordance with the rates set forth in Exhibit B-1. b. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A – Scope of Work shall not exceed ninety nine thousand, six hundred and twelve dollars ($99,612.00) 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 prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Public Works Department Page 6 of 17 Standard Contract 201 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. Public Works Department Page 7 of 17 Standard Contract 202 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 profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor’s profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 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. Public Works Department Page 8 of 17 Standard Contract 203 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. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 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 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 Public Works Department Page 9 of 17 Standard Contract 204 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 take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 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. Public Works Department Page 10 of 17 Standard Contract 205 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 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 Public Works Department Page 11 of 17 Standard Contract 206 or other causes to the extent 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, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent 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. 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 (including, without limitation, costs and fees of litigation) 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 defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. 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. d. 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. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. Public Works Department Page 12 of 17 Standard Contract 207 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor’s bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, consultant'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. Public Works Department Page 13 of 17 Standard Contract 208 18. LITIGATION In the event that either party brings an action under this agreement for breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys’ fees and costs whether or not such action is prosecuted to judgement. 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 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. 22. 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. Public Works Department Page 14 of 17 Standard Contract 209 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 $2,000,000 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 $2,000,000 combined single limit for bodily injury and property damage ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Public Works Department Page 15 of 17 Standard Contract 210 Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Public Works Department Page 16 of 17 Standard Contract 211 Public Works Department Page 17 of 17 Standard Contract Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) 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 212 SARATOGA CITY COUNCIL MEETING DATE: August 6, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Cherbone ________________________________________________________________________ SUBJECT: Amendment to Valet Parking Ordinance to Eliminate Annual Review Requirement ________________________________________________________________________ RECOMMENDED ACTION: Waive the Second Reading and adopt the Proposed Ordinance Amendment. REPORT SUMMARY: The City Council directed staff to prepare ordinance amendments that would repeal the requirement for annual review of the City’s valet parking regulatory program. The attached ordinance would implement Council direction. BACKGROUND: On July 16, 2008, the City Council conducted a public hearing, introduced the ordinance, and voted to place the ordinance on consent for adoption. ALTERNATIVE ACTION: 1. Deny the proposed ordinance amendment; 2. Modify the proposed ordinance amendment. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. ATTACHMENTS: 1. Proposed Ordinance 1 213 ORDINANCE __________ An Ordinance Amending the Saratoga Municipal Code To Eliminate Annual Review of the Valet Parking Regulatory Program WHEREAS, the City in 1998 adopted a program to regulate the operation of valet parking services in the City and included in that program a requirement for periodic review of the program. Since its adoption the program has operated without need for revision. In light of these facts the requirement for periodic review is no longer required. THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below (text to be deleted is shown in strikeout): A. 4-80.150 of the Saratoga Municipal Code is amended as follows: 4-80.150 Annual review. Commencing in June 1999, and in June of every year thereafter, the provisions of this Article shall be reviewed and a separate report made to the City Council by the City Manager at a public hearing, setting forth an analysis of the effectiveness of the valet parking service operations, including whether the public convenience and necessity require the continuation of the valet parking service operations and/or whether the provisions of this Article should be modified or repealed. Section 2. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 16th day of July, 2008, and was adopted by the following vote following a second reading on the 6th day of August, 2008: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: 214 SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA Acting CLERK OF THE CITY OF Saratoga, California SARATOGA Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 215 SARATOGA CITY COUNCIL MEETING DATE: August 6, 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 Marshall Lane REPORT SUMMARY: The City was contacted by the Sheriff’s Department regarding safety concerns on Marshall Lane. During the school drop off and pick up, cars are parking on both sides of the road restricting traffic flow to a single lane. In 2006 the City installed a new walkway on the south side of Marshall Lane and school traffic was no longer able to pull off on the side of the road and park. This resulted in cars parking in the roadway and creating a safety hazard. Responding to the Sheriff’s request, the item was heard at the June 12, 2008 Traffic Safety Commission (TSC) meeting. The TSC and the Traffic Engineer recommend that 500 feet on the south side of Marshall Lane be designated as “No Parking or Stopping between 8:00 am and 4:00 pm Monday – Friday, while school is in session”. All residents on Marshall Lane were sent a letter informing them of the proposed restriction. In order to enforce the new signs, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post signs. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and traffic conditions would continue as is. ALTERNATIVE ACTION(S): Page 1 of 2 216 Page 2 of 2 None. FOLLOW UP ACTION(S): The signs will be posted and the Sheriff’s Office will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: A letter was sent to all residents on Marshall Lane notifying them of the proposed parking restriction. ATTACHMENTS: 1. Memo from Fehr & Peers 2. Motor Vehicle Resolution 3. Map 217 !!!"#$%&"’( MEMORANDUM Date: July 22, 2008 To: John Cherbone, Public Works Director, City of Saratoga From: Franziska Holtzman/Sohrab Rashid Subject: Review of On-Street Parking on Marshall Lane, Saratoga, California 1025-446-1 Fehr & Peers has completed an evaluation of traffic concerns on Marshall Lane near Marshall Lane Elementary School in Saratoga, California. The Sheriffs Department 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 the Sheriffs Department and Fehr & Peers, the TSC recommended prohibiting parking on the south side of Marshall Lane for 500 feet east of Marilyn Lane. This memorandum addresses traffic and parking concerns on Marshall Lane during the school’s peak periods and our recommendation for parking restriction on Marshall Lane. Marshall Lane is an east-west, two-lane local roadway linking Quito Road to Marilyn Lane. About 200 feet south of the Marshall Lane/Marilyn Lane intersection is the main entrance to Marshall Lane Elementary School. During the school’s peak drop-off and pick-up periods Marshall Lane is heavily used in both directions by parents traveling to and from the school. Marshall Lane is approximately 22 feet wide. The south side includes a raised asphalt sidewalk that provides pedestrian connectivity between Marshall Lane School and Quito Road. Currently, no parking restrictions exist on Marshall Lane. Vehicles can park along the sidewalk on the south side of the roadway, while on the north side vehicles can park on the wide dirt shoulders adjacent to the traveled way. During the peak drop-off and pick-up periods at the school, some parents park in the eastbound direction on the south side of Marshall Lane and walk their children to the school. W ith up to 10 vehicles parked on the south side and occupying approximately seven (7) to eight (8) feet of width, only 14 feet of pavement is available for two-way vehicular travel on Marshall Lane. As shown on Figure 1 on the following page, the remaining 14 feet width on Marshall Lane is not sufficient to accommodate two-way travel, and vehicles traveling eastbound need to weave in and out of the parked vehicles. During field observations, eastbound traveling vehicles were frequently blocked by westbound vehicles and those parked on the south side of Marshall Lane. This resulted in building of eastbound queues that occasionally interrupted the northbound traffic flow at Marilyn Lane. To allow for adequate travel lane width and improved visibility, we recommend that parking be prohibited during school hours (8:00 a.m. to 4:00 p.m.) on weekdays school is in session on the south side of Marshall Lane for 500 feet from its intersection with Marilyn Lane. Outside of the school’s peak periods, vehicular travel on Marshall Lane is minimal and can be accommodated by the existing roadway width. At non-peak times, adequate gaps in traffic flow are available to allow vehicles to pull to the side and let another pass even with vehicles parked on the west side of the road. 218 John Cherbone July 22, 2008 Page 2 of 2 ) !!!"#$%&"’( Figure 1: Parked Vehicles on Marshall Lane (East of Marilyn Lane looking westbound) 219 RESOLUTION NO. MV- ______ RESOLUTION PARKING RESTRICTION ON MARSHALL LANE 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 Marshall Lane in the location specified below: NAME OF STREET LOCATION RESTRICTION Marshall Lane Starting at the southeast corner of Marshall Lane where it intersects with Marilyn Lane and continuing east for five hundred (500) feet No Parking or Stopping, 8:00 a.m. – 4:00 p.m., Monday – Friday, While school is in session 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 6th day of August, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Ann Sullivan, Acting City Clerk 220 500' Red Curb M a ri l yn La n e Marshall Lane Marshall Lane Proposed Parking Restr iction N012525037550062.5 Feet Proposed Parking Restriction 221 SARATOGA CITY COUNCIL MEETING DATE: August 8, 2008 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DEPT HEAD: John Cherbone Public Works Director Public Works Director ______________________________________________________________________________ SUBJECT: West Valley College Playfield Vertical Bypass Drainage Project (Sand Channel Improvements) - Notice of Completion RECOMMENDED ACTION(S): Move to accept the West Valley College Playfield Vertical Bypass Drainage Project as complete and authorize staff to record the Notice of Completion for the construction contract. REPORT SUMMARY: All work on the West Valley College Playfield Vertical Bypass Drainage Project has been completed by the City’s contractor, Colony Landscape Maintenance, Inc. of Alviso and has been inspected by Public Works staff. The scope of work consisted of supplying all labor, equipment and materials to install sand channel drainage improvements at two playfields in which the City and West Valley College share use through a Joint Use Agreement. Overall, the quality of construction completed through this contract was very favorable. The original contract in the amount of $195,800 was sufficient to complete the project. The final project cost was $187,490. It is therefore recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract. FISCAL IMPACTS: There are sufficient funds in the CIP to pay the final retention to the Contractor. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. 222 ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Notice of Completion. 223 Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below ,was accepted as complete by the Owner on or around the 6th day of August, 2008. Contract Number: N/A Contract Date: March 7, 2007 Contractor’s Name: Colony Landscape Maintenance, Inc. Contractor’s Address: P.O. Box 940 Alviso, CA 95002-0940 Description of Work: All labor, equipment and materials to install vertical bypass sand channel drainage improvements at two playfields at West Valley College in the City of Saratoga. Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on August 6, 2008. CITY OF SARATOGA BY:____________________________ ATTEST:____________________________ Dave Anderson Ann Sullivan, Acting City Clerk City Manager Gov. Code 40814 224 SARATOGA CITY COUNCIL MEETING DATE: August 6, 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 Fall 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 spring newsletter was released in May 2008 and the summer issue was mailed to residents in July 2008. The fall issue is scheduled to be distributed in October. 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 “acting now for the future” and highlighted ways in which residents can prepare now to keep their neighborhood ready for a disaster, work with the community to keep the Saratoga Library open on Mondays, and protect Saratoga homes from wildfires. These primary 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”, alternatives to washing vehicles at home, travel tips, and Saratoga trails. Staff has started to develop article topics for the fall 2008 issue. The stories are centered on the proposed theme, “Coming Together”. Articles will highlight ways in which the City and Saratoga residents can come together to improve the community. Below is a preliminary list of feature and supplementary articles. Feature Articles: • Community Development Block Grant and Community Grant Program • Tips on creating a long-lasting neighborhood association • El Quito Park Community Garden • Overview of Saratoga Commissions Page 1 of 2 225 Page 2 of 2 • Village visioning and economic development Supplementary Articles: • Ask Jana • City’s green building policy and residential building checklist • KSAR update • North Campus naming and Fellowship Hall opening • Planning Department common questions • Transition to digital television 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 fall 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 summer issue 226 SaratoganTheCITY o f S A RATOG A CALIF O R N I A1956 Summer 2008 Acting Now for the Future As the City begins the 2008/09 fiscal year, “acting now for the future” is a key element of the adopted budget. With an unclear economic picture in California and throughout the United States, this year’s budget has been developed with an emphasis on prudent spending, fiscal reserves, searching for opportunities to increase operational efficiencies, and stabilizing revenues. These elements of the budget will ensure that Saratoga residents continue to receive high quality essential services. The effort taken to prepare a budget that anticipates the current economic climate is just one way in which the City is preparing for the future. In many instances, being prepared requires public support. Emergency planning, finding new ways to fund Saratoga Library’s Monday hours, and protecting the City’s neighborhoods home from wildfires are just a few ways the public can work with local government to be prepared. Getting Ready for Emergencies: Saratoga is home to a well-trained group of volunteers that make up the Community Emergency Response Team (CERT). These volunteers have learned how to plan for an emergency and how to help their community should a disaster occur. Read the next article for more information about CERT and how residents can join this group in keeping Saratoga prepared. Finding Solutions: Saratoga Library is one of the few County library branches that is open seven days a week, thanks to the generosity of the Friends of the Saratoga Libraries. However, funding for Monday hours will expire in 2010. Turn to page 2 to find out how residents can help. Protecting Saratoga Homes: For the past few months, wildfires have torn through California leaving many families without homes. Saratoga, tucked up against the Santa Cruz Mountains, has a number of hillsides that are vulnerable to fire. Learn more about keeping Saratoga’s hills safe from fire danger on page 2. Get Ready, Get Set, Be Prepared! Twice a year, the City of Saratoga and its Community Emergency Response Team (CERT) gear up for the CERT academy. This fall, the Academy will begin October 28, 2008. The six week program teaches residents the essentials of emergency planning. This includes learning fire safety skills, disaster medical aid, emergency team organization, disaster psychology, and light search and rescue techniques. Graduates of the program will join over 80 alumni, many of whom meet regularly to keep their skills fresh and their neighborhoods prepared for an emergency. In the event of a disaster, Saratoga CERT will be activated to assist emergency responders. Contact Emergency Services Coordinator Jim Yoke at (408) 887-7818 or sccfd_esc@yahoo.com to learn more about becoming a member of CERT. CERT students participating in a training exercise 227 Keeping Library Doors Open on Mondays In October 2004, the Santa Clara County Library was forced to cut its community libraries’ budgets due to reduced revenues. As a result, many community library branches closed their doors on Mondays. The Saratoga Library, however, has been able stay open on Mondays since 2007 thanks to a grant from the Friends of the Saratoga Libraries. During renovations to the library, the Friends invested donations and earned enough money to fund Monday hours. Unfortunately, the Friends will no longer be able to support Monday hours after June 2010 when funding is expected to run out. The Friends of the Saratoga Libraries are exploring new options for keeping the library open 7 days a week and are looking to the community to identify new, more permanent funding strategies for the library’s Monday hours. For more information or to help the Friends plan for the future of the Saratoga Library, visit www.fslonline.org. Saratoga Library located on Saratoga Avenue at Fruitvale Avenue Tips for Keeping Your Home Safe During Fire Season The California skyline is thick with smoke this fire season from the numerous fires that have been burning throughout the State. Below are some tips on creating defensible space. Create a 100 foot defensible space around your home by clearing the 30 foot area immediate • around your home of all brush and debris; in the remaining 70 feet, create a reduced fuel zone by making horizontal and vertical space between shrubs and trees Fire travels more easily up steep slopes; on hillsides increase vertical and horizontal space • in the reduced fuel zone Use the proper equipment; string trimmers • are recommended Get rid of needles and dry timber on roof and • in gutters Grass is best kept under four inches in height• Residents who receive brush or weed abatement notices from the County’s Agricultural Department or Santa Clara County Fire Department are urged to comply wirh requests to remove hazardous vegetation that creates a fire hazard. For more information about preventing fires, contact the Santa Clara County Fire Department at (408) 378-4010 or visit www.sccfd.org. 228 Stop by one of Saratoga’s commercial car washes where dirty water is recycled and cleaned, visit www. mywatershedwatch.org for car wash coupons or information on keeping our water clean. Ask Jana Got Code Enforcement questions? Ask Jana! Send your questions to Jana Rinaldi at 13777 Fruitvale Avenue, Saratoga CA 95070 or by email at jrinaldi@saratoga.ca.us. Dear Code Enforcement, The other day I noticed my neighbor is putting up a new fence in her front yard. Does the City allow a fence to be built in a front yard? How tall can a front yard fence be? Sincerely, Fenceless Next Door Dear Fenceless, If your neighbor lives within the city limits of Saratoga, she can install a fence in the front set back area of her property, as long as it is no taller than three (3) feet. Permits are not required for front yard fences that meet these requirements. Jana Dear Jana, I just moved to Saratoga and I have a wonderful dog who’s been in our family for 5 years now. Am I required to license him? What about other pets? Signed, To License or Not Dear License or Not, Welcome to Saratoga! Here in the City of Saratoga we do require licenses for dogs and cats. There are some exceptions, including: Dogs & cats that are less than 120 • days old; Dogs & cats that were vaccinated • and licensed in another jurisdiction and the license is still in effect; Dogs & cats owned by a nonresident • who is in Saratoga not more than 30 days in a 12-month period; Dogs & cats temporarily in Saratoga • for an event, show, or exhibition scheduled not more than 15 days after arrival; Dogs & cats for sale in a duly • licensed pet shop or kennel; Dogs used for the purpose of • leading persons with defective eyesight or hearing and dogs used by law enforcement agencies. Licensing applications are on the City’s website at www.saratoga.ca.us. Fill out the application and return it to San Jose Animal Services, the agency Saratoga contracts with for our animal services. Jana 229 Postal Customer Local PRSRT STD U.S. Postage PAID Saratoga, CA Permit No. 136 ECRWSS The Saratogan 13777 Fruitvale Avenue Saratoga, CA 95070 CIT Y o f S ARATO G A CALIFO R N I A1956 City Directory City Hall (408) 868-1200 Building Permits (408) 868-1240 Business Licenses (408) 868-1260 City Clerk (408) 868-1269 City Manager (408) 868-1216 Code Enforcement (408) 868-1214 Employment (408) 868-1252 Facility Rentals (408) 868-1259 Garbage/ Recycling (408) 868-1215 Park Maintenance (408) 868-1245 Park Reservations (408) 868-1248 Recreation (408) 868-1249 Saratogan (408) 868-1275 Senior Center (408) 868-1257 Sheriff’s Office (408) 868-6600 Storm Drains & Street Maintenance (408) 868-1245 Tree Removals (408) 868-1276 Volunteering (408) 868-1216 It’s Summer Vacation Time, Travel Safely! Before leaving town for summer vacation this year, follow these crime prevention tips to help keep yourself and your home safe while you are away: DO: Lock all windows and doors! This may seem obvious, but it is easy to overlook this simple • step in the rush to leave. DO: Use timers for lights and radios to make your house seem “lived in” while you are away. • DO: Make sure you stop newspaper delivery and have the post office hold your mail. • DO: Leave emergency phone numbers and your itinerary with a trusted neighbor or friend.• DO: Keep a record of traveler’s check numbers and have telephone numbers to call in case • checks or credit cards are stolen. DO: Immediately report crimes that occur to the police!• DON’T: Leave a house key under the door mat, in a flower pot, or on the door ledge. Burglars • know these tricks! By following these tips, you can reduce risk to you and your family. Take a Hike & Explore Saratoga Trails! With gas prices reaching new highs, it’s time to hit the pavement and start exploring Saratoga by foot or on a bike! The City is home to a wide network of trails that make it easy to walk or bike throughout the community. Save gas money, get some exercise, and reduce carbon emissions this summer by using Saratoga trails! For more information, visit the City’s website at www.saratoga. ca.us. Heritage Orchard Loop in development, trail expected to be open August 2008 230