HomeMy WebLinkAbout09-11-2000 Park and Recreation Commission AgendasSaratoga Parks and Recreation Cominission Meeting
City Hall Administrative Offices
13777 Fruitvale Avenue, Saratoga
Monday, September I 1, Z000
7:30 p.m.
AGENDA
Oi�Qanization
A> Foll Call: Alberts, Clabeaux, Dodge, Fi�onczak, Ioannou, Olsen, Seroff
s) Fepoi�t on Posting of the Agenda:
Fursuant to Government Code 54954.2 the agenda was properly posted on
September 8, 2000
C) Approval of action minutes August 7, August 21, and August 28, 2000.
II. Adminish�ation
A) Introduction of City Manager Dave Anderson
B) Update from Public Works Dii John Cherbone
C) Update from Recreation Director Joan Pisani
III. Oral Wiitten Communication
This section is for the public to speak on any item not on the agenda
IV. 1Vew Business
A) C.1'.S.A. field issues
V. Old Business
A) Feview of Action Matrix
B) Subcoinmittee Reports:
Trails
Playgrounds
a) Inventoiy List
b) Maintenance Issues
B.A.C.
C) Discussion of City Council Meeting on 9/06/00 regarding Congress Springs
Park Project.
D) Business Cards and E-mail address foi commission.
VI. Conunissioner Staff Renorts
A> City Hall Update by Staff Liaison Bloomquist
B) Commissioner Reports
VII. Adiournnieilt
Saratoga Parks and Recreation Commission Special Meeting
Administrative Offices, 13777 Fruitvale Avenue, Saratoga
August 28, 2000
7:30 p.m.
Action Minutes
Call to Order
The meeting was called to oi•der at 7:30 p.m.
II. Roll Call
Commissioners Present: Alberts, Ioannou, Olsen, Seroff
Commissioners Absent: Clabeaux, Dodge, Fronczak
Others Present: Council Membei Nick Streit, Public Works Director Jolln
Cherbone, Fecreation Director Joan Pisani, Staff Liaison Cary Bloomquist, Kara
Chalmers with Saratoga News, James Baron, Amit Nagpal, Matt Durkett.
III. Report on Postinst of the Minutes: Pursuant to Government Code 54954.2 the
agenda was properly posted on August 24, 2000.
IV. Annroval of Minutes of MeetinQ: None
V. Administration: Chair Alberts gave praise for the Calabasas Creek Clean-up.
Suggestion by commission was to draft a letter of thanks to clean-up
participants.
VI. Oral Written Communication: Deferred to section VII.
VII. Old Business:
Change of Agenda order by commission: Presentation by City Planner
Christina Ratcliffe regarding Nagpal property trail easement developciient.
Feedback from trails sub-committee chair and PFC conunissioner Sheila
Ioannou was to defer decision on easement so the trails sub-cotnmittee could
review in proposal in further detail. Commissioner Olsen indicated this item
was brought to the attention of the commission several years ago and does
not need to be reviewed further. James Baron gave input regar narrow
width of trail and stated it would be useless as an ec�uesti�ian trail. Council
member Nick Streit indicated this segment has no linkages to other trails.
After discussion, commissioner Ioannou made a motion to accept proposal as
presented by City Planner Christina Fatcliffe. Commissioner Olsen seconded
motion, vote taken, nlotion carried 4-0.
Public Works Directoi John Cherbone discussed the August 21 EI Quito Park
PRC meeting and the follow-up Congress Springs task force meeting August
24. The recommendation fi�om the Task Force is to proceed with option 3B
and to find an alternate site for Pony League baseball. Matt Durkett of Pony
League baseball objected, and indicated he is surprised the City would brit�g
forward such a proposal leaving out Pony league. The commission
responded indicating several user groups are not being included in tlle
proposal due to economics atld limited resources. The cost/benefit ratio of
the number of children served was also mentioned as a reason for
supporting option 3B. Motion made by commissioner Olsen to adopt design
altei 3B, and to make an effort to find Pony League baseball an
alternate site. Motion seconded by Chair Alberts, vote taken, Alberts,
Ioannou, Olsen support proposal and voted yes, Seroff was uncertaic� and
voted to abstain, 3-1-0.
VIII. New Business:
A) Staff Liaison Bloomquist encouraged PRC attendance at City Council
meeting September 6, 2000. Public Works Dii�ector John Cherbone and
architect Steven Kikuchi of Greg Ing. And Associates will give presentation
with staff support.
IX. Renorts:
Commissioner Reports: No reports. Commission would like Business Cards and
name plates. To be investigated by Staff Liaison Bloomquist.
a. Adiournment
Coinmissioner Olsen made a motion to adjourn the meeting and Conunissioner
Ioannou seconded the motion. The motion carried 4-0 and the meeting was
adjourtled at 8:33 p.m.
Prepared By:
Caiy Blooniquist
City Staff Fepresentative
Saratoga Parks and Recreation Commission Special Meeting
Administrative Offices, 13777 Fruitvale Avenue, Saratoga
August 21, 2000
7:00 p.m.
Action Minutes
Call to Order
The meeting was called to ordet at 7:12 p.m.
II. Roll Call
Commissioners Present: Alberts, Fronczak, Ioannou, Olsen, Seroff
Commissioners Absent: Clabeaux, Dodge
Others Present: Council Meniber Nick Streit, Public Works Directoi �OZ121
Cherbone, Recreation Director Joan Pisani, Pai�ks Supervisor David Mooney,
Staff Liaison Caiy Bloomquist, I�ara Chaltners with Saratoga News, Mark Linsl.y
with Saratoga Soccer, I�athy McGoldrick, Claire Lee, Chuck Page, hit Donnell,
Emma Wyckoff, Ben Decacelda, Chris Bellizzi, Bill Church, Lorie O'Sullivan,
Teresa Philip McLean, David Sheehan, Sean Murphy, Vladimir Nikitin, Eric
Fesler, Deboi Biyce, Vicl:i Gallegos, Anne West, Michelle Jackson, Joe Marticli,
Terry I�iyama, Michael Fotherham, Gregory Gates, Neal Furino, Abe haabiaoiu�,
Millie Cross, Denise Kajioken, Vida Kenk, Bill Minkel, Andy Thomas, Holly
Curtis Anderson, Nancy Janiello, P.ichard Kristin Finlayson, Mike Trautiilan,
Sinan Taysi, Petei Apel, Jackie Welch
III. Renort on Postinst of the Minutes: Pursuant to Government Code 54954.2 the
agenda was pioperly posted on August 11, 2000.
IV. Apnroval of Minutes of Meetinst: None
V. Administration: None
VI. Oral Written Communication: Deferred to section VIII.
VII. New Business:
A) None
VIII. Old Business:
A) Public Woiks Director John Cherbone gave El Quito Park presentation
referencing initial design drawing showing proposed improvements to park
and design drawings of Congress Springs Park. Mr. Cherbone stated design
Option 3B was chosen by the Congress Springs Task Force as having the best
overall design utilization for the major user groups of the park. Recreation
Director Joan Pisani gave a brief presentation regarding usage of El Quito
Park. The meeting was opened to the public. The commission listened to 23
residents raise concerns over issues such as paiking, traffic, tloise, safety,
cost, loss of trees, loss of multi-functional aspect of park. Several residents
stated they did not want the Park changed and to "keep it the way it is" with
improvements to the existing play equipment and restrooms. Commissioners
discussed issues raised by public and gave feedback regarding proposed
changes to El Quito Park. Chair Alberts made a motion recommending the
Congress Springs Task Force review the option of relocating Pony league
baseball to a site other than El Quito Park and that El Quito Pai S�lOUIC� riOt
be considered as a potential site foi games or practices. Motion seconded by
Olsen, voted and carried (5-0).
Council Member Nick Streit suggested placing City Website on rneeting
flyers to encourage public participation at these meetings.
I\. Reports:
Comliiissioner Reports: Commissioner Ioannou gave a report i trails
sub-committee indicating all is going well and the meeting times have been
changed to the third Thursday of each month at 7:30 a.m. Commissionei� Olsen
repoited little progress is being made installing the play equipment at E�evin
Moran and Gardiner Parks. Other issues raised were the sprinl:lers at
Beauchamps Park need attention and El Quito Park has loose grills, benches and
seats that need repair.
Adiournment
Commissioner Olsen made a motion to adjourn the meeting and Commissioner
Ioannou seconded the motion. The motion carried 5-0 and the meeting was
adjourned at 9:38 p.m.
Prepai�ed By:
Cary Bloomquist
City Staff Representative
Saratoga Parks and Recreation Commission Meeting
Administrative Offices, 13777 Fruitvale Avenue, Saratoga
August 7, 2000
7:30 p.m.
Action Minutes
I. Call to Order
The nieeting was called to oider at 7:37 p.m.
II. Roll Call
Commissioners Present: Clabeaux, Dodge, Fronczak, Ioatlnou, Seroff
Commissioners Absent:Alberts
Others Present Council membei• Nick Streit, Public Works Dir ector John
Cllerbone, Pai�ks Supervisor David Mooney, Staff Liaison Cary Bloomquist, H.L.
Augustine, heith Sinion, Mike Leonaidi, Mike Fotherham, Bill Grotzinget�, Brian
MacInnes, Leigh Ann Maze, Scott Wheelwright, Connie Gast, Lois McPherson
III. Retiort on Postinst of the Minutes: Pursuant to Government Code 54954.2 tlle
agenda was properly posted on July 28, 2000.
IV. Apnroval of Minutes of Meetin4: Cominissioner Clabeaux made a motion to
approve July 10, 2000 Action mitlutes, Commissionei Dodge secotlded, itiotion
carried 5-0.
V. Administration:
A) Public Worl:s Director John Cherbone updated the Commission on the
progress of the various Parks and Recreation Coinmission projects he is worl:ing
021. Mr Cherbone mentioned ti '111 Seg2tlet1t 51 WIII �e C�eC�1C1teC� 1S 111 eclSetlletlt
by the propei owner, Mr. Roland Mitchell.
VI. Oral Written Communication: Deferred to section VIII.
VII. New Business:
A) None
VIII. Old Business:
A) Congress Spi�ings Park-Presentation/Public Input Session Public Works
Director John Cherbone gave presentation refeiencing various drawings of
Congress Spi ings park showing design options for possible development of
the Pai�k. Mr. Cllei stated tlle Congress Springs Park Task Force is
recommending the Comniission appiove design Option 3B as the best overall
design utilization of Congress Springs Park. A 5-minute break was observed
by tlle Comn�ission to review the drawitlgs. Aftei the break, feedback was
received from the Commission. Concerns such as parking, increased traffic,
noise and safety were iaised. Members of the public were invited to speak.
Concei ns from the public included safety, parking, traffic, noise, and loss of
utilization of park by tennis and basketball players. Other concerns centered
around the issue of the park loosing its multiuse characteristics and
becoming a park for only baseball and soccer. Keith Simon of Little League
offered his support for the project, saying it is overdue and badly needed.
Motion inade by Commissioner podge and amended by Conunissioner Seroff
to accept Congress Springs design plan 3B with changes to present par}:ing
area and to relocate tennis courts, install a par coarse and have a dedicated
budget for landscape maintenance with pony field at El Quito Park.
COrilItl1SS1021e1 Fronczak seconded, motion carried 5-0
B) Trails subcommittee reported the "triangle study" has been conipleted, with
the trails in t11e "golden triangle" area of Saratoga 1laving beetl walked. Tlle
committee is evaluating the data and compiling it into a useable foi 'Itic7t fOt
review by the commission.
I\. Reports:
Staff Liaison Blooniquist stated Wildwood Parl: Festroonl project is near
cotnpletion. Make announcement stating the new City Manager, Dave
Anderson, will commence employment August 21, 2000.
Cot��missioner Reports: Commissioner Clabeaux gave a i•eport regarding City
Website. Commissioner Fronczak i on Congress Springs Park.
Commissionei� Ioannou promoted Super Trot. No other comn�issioner repoi ts.
Adiournment
CO221I111SSlOTle1' DOC�ge 221aC1e cl ItlOtlOt1 t0 aC��0U1 T1 t�"le I2leet1llg 1t1C� COIT1l111SSlOt1e1
Seroff seconded the motion. The motion carried 5-0 and the meeting was
adjoui•ned at 9:55 p.m.
Prepared By:
Cary Bloomquist
City Staff Representative
CITY OF
cuPE��No
UNION PACIFIC RAILROAD TRAIL
AD HOC TASK FORCE
Thursday, September 7, 2000, 10:00 A.M.
Conference Room A
Cupertino City Hall
10300 Torre Avenue
Cupertino CA 95014
1. Introductions
2. Funding
Bicycle Expenditure Program
3. Roles and Responsibilities
Lead agency
4. Negotiation Strategy with Union Pacific Railroad
5. Feasibility Study
Lead agency
6. Transportation for Livable Communities Program
7. Rails-to-Trails Conservancy National Park Service (De Anza National Historic
Trail)
8. Schedule
9. Action Plan
10. Partnership
Commitment for local share
Memorandum of Understanding
11. Next meeting
12. Adjournment
Printed on Recycled Paper
Union Pacific Railroad Trail
Fact Sheet
Apri120, 2000
Background:
A group of West Valley bicyclisu and pedestrians want to build the Union Pacific Railroad Trail along the existing Union
Pacific Railroad track in Santa Clara County. Bicyclists, pedestcians and equestrians currently are using the Union Pacific
Railroad right of way and adjacent properties. Development of the Trail will offer recreational and commuting opportunities
for residents. It will link with Stevens Creek Recreational Trail in the north and Los Gatos Creek Trail in the south. It will
interconnect with many east-west bicycle facilities and bus routes. As a major bikeway corridor it will parallel the West
Valley Freeway (State Route 85). This Trail has a potential to be included as part of the Juan Bautista De Anza National
Historic Trail, a Millennium Trail.
Data:
Approximate length of the trail is about 8.7 miles. It runs through Los Gatos (1.3 miles), Campbell (03 miles), Saratoga (3.7
miles) and Cupertino (3.4 miles).
Plans:
The Trail is included as a Regional Trail Route in the Santa Clara County Trails Master Plan. The Santa Claza County
General Plan identifies it as a proposed trail. It is a proposed bicycle corridor in the Santa Clara County Congestion
Management Program. The Trail is proposed for inclusion in the Santa Clara Valley Transportation Plan 2020.
Stakeholders:
Union Pacific Railroad Company, Pacific Gas Electric Company, Santa Clara Valley Water District, California
Department of Transportation, County of Santa Clara, Town of Los Gatos, City of Campbell, City of Saratoga, and City of
Cupertino.
Benefiks:
Connections to activity actd employment centers in West Valley
Recreational and commuting opportunities for residents
Access to SCVTA bus routes
Access to schools and parks
Improvement of public safety
Elimination of unlawful dumping and trespassing
Potentiat development of parklands and landscaping
Economic opportunities for businesses
Preservation of railway corridor
Key Issues:
Easement acquisition from Union Pacific Railroad Company and other agencies.
Funding to build the Trail.
Acceptance of Trail by adjacent property owners.
Cost Estimate (approximate):
Feasibility study $125,000
Master Plan Envitonmental Document $200,000
Project development $9,000,000
Initial Steps:
1. Negotiate with Union Pacific Railroad Company.
2. Create a task force of West Valley citizens.
3. Engage a consultant to prepare a feasibility study.
Stevens Creek
Recreational Interstate Route 2B0
Trail
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Legend
City Town BoundarY
RESOLUTION NO. 99-289
A RESOLUTION OF TI� CITY COUNCIL OF THE CITY OF CUPERTINO
REQUESTING THE COUNTY OF SANTA CLARA TO CREATE A TASK FORCE
ON THE UNION PACIFIC RAILROAD TRAIL FOR SANTA CLARA COUNTY
WHEREAS, the Union Pacific Raikoad Trail (Trail) is a route that runs through Santa
Clara County; and
WHEREAS, the Trail is included as a Regional Trail Route in the Santa Claza County
Trails Master Plan and as a Proposed Trail in the Santa Clara County General Plan; and
WHEREAS, the Trail is proposed for inclusion in the Valley Transportation Plan 2020 at
Santa Clara Valley Transportation Authority; and
WHEREAS, the cities of Campbell, Cupertino, Los Gatos, San Jose, and Saratoga are
very interested in developing the Trail for both recreational and commuting opportunities along
the trackage of Union Pacific Raikoad Company.
WHEREAS, the top priorities are to negotiate easement acquisition for Trail with Union
Pacific Railroad and obtain funding for project development.
WHEREAS, a task force of citizens, including members of city bicycle advisory
committees, with the County of Santa Clara as the lead agency should study feasibility of the
Trail.
NOW, THEREFORE, BE IT RESOLVED by the City Council of CupErtino that the
Board of Supervisors of County of Santa Clara create a task force of cities of Campbell,
Cupertino, Los Gatos, San 3ose, and Saratoga to study feasibility of the Union Pacific Railroad
Trail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18�h day of October, 1999, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
AT"TEST:
/s/Kimberly Smith
City Clerk
APPROVED:
THIS fS 70 CEHTIFY THAT THE WtTHIN
1N�UMENT IS A TRUE AND CORREC7�Y
OR1GIPfAL ON F1LE IN TH1S OF�.
�o �Zs- y q
q�ax oF n�e c oF cup�A7lI�D
8Y �l.P� ��9
/s/Wally Dean
Mayor, City of Cupertino
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Sbarvn,�. Brvvm, Via Cbair
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K��� n�u
U.S. Deparvnmc oF How�ng
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sv� ar�.,�
Ciry and Caunry ot Sm Fnnnsco
Mark DeSaulnier
Conm Cow Counry
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Interested Organizations
htETRUPOLITAN
'CRANSPORTAT[ON
OMMISSION
August 14, 2000
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MTC's Transportation for Livable Communities Pro�ram
The Metropolitan Transportation Commission (MTC) invites you to a special workshop
on August 30, 2000 for the Transportation Livable Communities (TLC) grant program.
The TLC program provides grants for transportation projects developed through a
collaborative and inclusive planning process, which support community development and
redevelopment, and enhance community identity.
DorrrsrM. Giacapini Grants of up to $50,000 are available for planning activities, and up to $2 million for
U.S. Dcpamncn� of Tnnspomcon
M capital construction projects. The next planning application deadline is October 5, 2000
SanM�teoCounry at noon. The next capital program applications will be available this fall.
Mary V. King
Alameda Counry
Srevc Kinrry
Mann Counry and Goes
Sue Lnr+pert
c���. or s�� M,«o ca��rv
John Mtlsntore
Cmcs a( Smn Clan Counp•
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anJ Uevdapinen� C mmission
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Sulmr� (wmnry and C.mc+
Ivribryn Wintcr
N�pa Ciwnn• and Gnea
Sboron Wright
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An application form for the planning program is enclosed. In the past, planning grants
have funded community visioning processes to develop conceptual designs for
streetscape andJor transit plaza improvements which are part of compact housing, mixed-
use development and downtown revitalization efforts.•
The program is competitive, and strong capital project applications may take some time
to develop. We strongly encourage all persons engaged in community development
(community associations, non-profits, transportation agencies, city and county
community development, planning and public works staff, etc.) who are interested in
planning grants, capital grants, or both to attend one of the following two sessions:
2:30 p.m., August�30, 2000
City Council Chambers
Santa Clara City Hall
15000 Wazburton Ave
Santa Clara, CA
6:00 p.m., August 30, 2000
City Council Chambers
Santa Clara City Hall
15000 Warburton Ave
Santa Clara, CA
If you have any questions about the TLC program, the workshop, or wish to discuss
potential projects, please contact one of the following individuals:
Karen Frick, MTC: (510) 464-7704 or kfrick(r,�,mtc.ca.�ov
Marcella Rensi, Santa Clara Valley Transportation Authority: (408) 321-5717 or
rensi m�vta.orQ
Lawrence D. Dahrns
Executive Director, MTC
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A Little "TLC" for Bay Area Communities
Small-scale transportation investments can sometimes make a big
difference in a community's vitality and identity. Streetscape
improvements, transit-, pedestrian-, and bicycle-oriented develop-
ments, and related strategies can bring a new vibrancy to down-
town areas, commercial cores and neighborhoods, enhancing their
amenities and ambience and making them places where people
want to live and visit.
To identify and nurture these kinds of projects at the local
level, the Metropolitan Transportation Commission the Bay
Area's transportation planning and financing agency has creat-
ed a special program called Transportation for Livable
Communities (TLC). The "TLC" program's primary goals are to:
develop innovative projects whose transportation elements
support a community's development or redevelopment
efforts;
provide "success stories" to encourage integration of trans-
portation and land use throughout the region;
forge unique partnerships between local jurisdictions, com-
munity organizations, transportation service providers, and
the development community;
make a significant contrihution to the creation of a livable
community.
What Kinds of Assistance Does TLC Offer?
MTC offers two kinds of financial assistance through the TLC pro-
gram. Projetts in the early or conceptual stage of their develop-
ment are eligible for TLC planning grants, which are awarded to
help sponsors refine and elaborate promising project ideas.
Projects with completed plans are eligible for capital grants, which
direcdy support construction and help turn plans into reality.
P{anning Grants
Community-Based Planning Support: ;vITC can provide funding
for planning efforts that aim to improve a community's connec-
tion with the regional transportation system. Up to $50,000 per
project is available.
Technical Planning Assistance: Technical experts can jump start a
project by helping define its general concept, assisting with plan-
ning and imp{ementation> or facilitating community input.
Providers of technical assistance include urban design, architec-
ture and transportation planning firms. Up to $10 per proj-
ect is available.
Capital Grants
MTC allocates $9 million annually for TLC projects from funds
made available through the federnl Transportation Equity Act for
the 21st Century (TEA 21). Capital grants range in size from
$150,000 to $2 million per project.
For more information on the TLC program, including project eli-
gibility criteria, application materials and deadlines, see MTC's
Web site at <www.mtc.ca.gov/projectsllivable_communities/
lcindex.htm> or contact TLC project manager Karen Frick at
510.464.7704 or kfrick@mtc.ca.gov.
M E T R O P O L I TA N Joseph P. Bort MetroCeruer
M TRANSPORTATION 101 EighrhSveet
T Oakland, CA 94607-4700
COMMISSION Tc1.:510.464.7700
Ti']'lTDD: 10.464. 7769
r•:�: s�o.a�.�aas
Illustraiions: Van A;etrr 1Villiams Pollack (cnp lefl and cop righQ; vanderToo!en hssocia[cs Gty of NaPa (bot[om)
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`ra�s�o��at�on o� ��vab�e C�m��nit��s
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MTC's Transportation for Livable Communities (TLC) program
provides planning funds and technical assistance for small-scale
transportation projects (such as streetscapes and pedestrian-,
transit-, and bicycle-oriented developments) that can help to
revitalize local communities and town centers.
Who can apply for TLC pfanning grants?
Loca! governments, community-based organizations and
transportation service providers may receive funding.
How to apply
No formal application is required. Rather, organizations hav-
ing projects that meet TLC planning grant criteria should send
a letter of inierest to: Lawrence D. Dahms, Executive Director,
Metropolitan Transportation Commission, 101 Eighth Street,
(Jakland, CA 94607. The letter should include a description of
the project, its sponsors, how the project fulfills the criteria, a
planning timetable, a preliminary construction schedule, the
amount of funds requested, and the level qf local match.
MTC reviews letters of interest twice a year. For the sched-
ule of upcoming deadlines, or for more information, check
MTC's TLC Web site at: <www.mtc.ca.gov/projects/
livable_communities{lcindex.htm> or contact Karen Frick at
510.464.7704 or kfrick@mtc.ca.gov.
How planning projects will be selected
MTC will follow a two-step process when considering planning
projects. (A separate process has been developed for capital proj-
ects.) MTC will first determine whether a project meets the pro-
gram criteria. Those that do will be evaluated with respect to
innovativeness, project readiness and the availability of local
matching funds. MTC's Advisory Council also will offer com-
ments. MTC staff will then make a recommendation to the exec-
utive director.
TLC pianning project criteria
As used below, "project" pertains to rheptanning project to be fund-
ed under this program, and "overall projeci" pertai»s to the intend-
ed capital or mobility investment.
1. A collaborative planning process will be undertaken with
community stakeholders (e.g., residents, business proprictors,
property owners, local agencies, neighborhood associations), the
project sponsor(s), and the local jurisdiction.
2. The project supports one or more of the objectives of MTC's
adopted Transportation/Land-Use Connection policy (see
excerpt, below left) to promote the development/redevelopment
of livable communities in the Bay Area.
3. The project pertains to a defined physical location.
4. The project pertains to a physical setting where deficiencies
e�cist (or will exist), which, if remedied, will provide significant
community benefit (e.g., walkability; safety and securizy; eco-
nomic development; protection of community cultural, historic,
or environmental resources; public transit access or amenity;
parking design; streetscape design; and access to daily needs).
5. The overall project will have identifiable and likely synergistic
effects (provision of any single community benefit will likely
induce additional community benefits).
6. As appropriate during the development of the project, the fol-
lowing issues will be evaluated: accessibility as it relates to the
Americans With Disabilities Act, economic development oppor-
tunities, environmental impacts, economic/financial considera-
tions, safety and security, and potential adverse impact, if an}�, to
local trips made by commercial delivery vehicles and other forms
of transportation.
7. The project will result in a discrete and clear work�product,
which will guide the overall project to the next level of planning,
and/or form the basis to compete for funding for the overall proj-
ect.
An excerpt from MTC's Transportation/Land-Use Connection policy
The Commission encourages community plans that:
1. Enable residents to use a range of travel modes, including transit,
wa4king and biking, to access jobs, shopping, recreation and other
daily needs.
2. Provide that the streets, transit, pedestrian and bicycie ways are
part of a system of integrated routes.
3. Provide for development of housing and regional activity centers
that are accessible to the regional transit network.
4. Provide for a diversity of development and other community-orient-
ed transportation strategies designed to limit the extent to which it is
necessary to travel from one community to another to access basic
necessities of living.
5. Provide for the design of streets and other transportation facili-
ties and amenities that are integrated into the overatl community
design and are conducive to a sense of community identity and pride.
8. The project is structured to be completed within one year.
4. The project is unlikely to be fully funded other than through
MTC's program.
10. The sponsor tommits to pursuing the project retommenda-
tions, including subsequent planning activities, and to pursue the
overall project to the extent feasible.
M E T R O P O L I T A N J oseph P. Borc MevoCentcr
101 Eighth Saeet
T TRANSPORTATION
Oakland, CA 94607-4700
COMMISSION Te1.:510.464.7700
TI']'(I'DD: 510.46�1. 7769
Fax:510.464.7848
MEMORANDUM
Date: August 31, 2000
To: Jaye Tkach
From: Cary Bloomquist
RE: Parks and Recreation Commission Business Cards/Name Flates
Hi Jaye, the Parks and Recreation Commission would like the City to provide the�ii with
business cards and nameplates. I have attached a list of the current Parks and
Recreation Commissioners for your review. Once you learn when the business cards
and nameplates will arrive please let me know so I can pass the information along to
the Commission. Thanks for your assistance...CB
�ity tries to nna p�ayne�a
for homeless Pony League
By Kattn c�as
The Congress Springs Park improve-
ment task force met Aug. 24, so that it
could come up with a new recommenda-
tion for the Parks and Recreation Com-
mission conceming the park's remodel.
The S 1.2 million renovation of Congress
Springs Park, a 10-acre park that is used
for baseball and soccer, came about pact-
ly because of the need to best use t6e play-
fieids that afready exist in the city.
The goals of the renovation are to get as
many playfields as possible from the five
baseball fields there now, and to make the
old and uneven fields safer. The construc-
tion is set to begin at the park in June 2001
and last until Sept. 2001.
Yet again, the task force settled on
option 3B—the same option it chose
almost a month ago, which means that the
park's remodel plans do not inctude a field
for Saratoga Pony I.eague.
The task force is made up of reQresen-
tatives of Congress Springs Park's user
groups— Saratoga Pony L.eague. Sarato-
ga Litde League and the American Youth
Soccer Organization—as well as city staff,
City Councilman Nick Streit and the
architects and consultants hired to design
the new park.
Pony League, which this past season
was comprised of 39 players, ages 13–] 4,
currently uses the baseball field closest to
Glen Brae Drive at Congress Springs
Park. According to Matt Durket, the
director of the Pony level for the League,
there may be up to 50 players next year.
"I find it hard to believe you would put
together a plan and send it to council
ezcluding Pony," Durket said at the
Parks and Recreation Commission's
Aug. 28 meeting.
8ut the commission voted 3-1 to
approve the plan, with Commissioner
Nick Seroff opposing. According to com-
mission Chairwoman Judy Alberts, the
task force has done its best and it was time
for the commission to make a decision.
"I think we need to move forward."
agreed Cammissioner Barbara Olsen at
the meeting.
According to lohn Cherbone, $aratoga's
public works duector and task force mem-
ber, the task force's job is to make the best
use o[ Congress Springs, the only park in
the ciry that hosu organized sports for kids.
"All the other options haven't been suc-
cessful," Cherbone said ot the city's quest
to use schoolsites or acquve more land tor
playfields. "Our only choice right now is to
uy to make the most of Congress Springs."
According to CheTbone, the task force
chose to put in all Littte League fields at
Congress 5prings since there are more Li t-
tle League players. In Saratoga Little
League, there are between 450 and 500
players, ages 5-12. Part of the reason also
is because a Pony League field, which is
larger than a Little League field, would
encroach into the soccer fieid planned for
that location, he said. In AYSO, there are
more than 1,000 players.
The city called representatives from all
three user groups-AYSO, Little League
and Pony L.eague—before each meeting,
Cherbone said. adding that a Pony League
representative came to two early meet-
ings. However, no Pony L.eague represen-
tative was present at the Aug.21 meeting
on converting El Quito Park, nor at the
Aug. 24 cask force meeting.
"Not that it's right or wrong, but you got
wntten out of the plan." said Councilman
Nick Screit to Durket at the meeting on
Aug. 28. Streit noted that there has not
been one meeting, neither a task force
meeting nor a commission public hearing.
at which representatives from all of the
user groups have been present to sit down
and talk about compromises.
"Quite frankly, this is frustrating as
hell." Streit said.
Cherbone said the task force would con-
tinue ro look for somewhere else to put a
Pony I.eague field. until a1! avenues are
exhausted.
"At this point, l can't say," Cherbone
responded when asked where the League
will play.
On Aug. 7, on the task torce's recom-
mendation, the commission approved a
plan to move the Pony League field to a
neighborhood park—E1 Quito Park, so
that Congress Springs would only have
Little League fields.
But on Aug. 21, neighbars ot El Quito
turned up at the commissiori's meeting to
vehemenUy oppose the plans to turn the field
at EI Quito—today used for adult softb^'a,:—
into a Pony League field.'fhe commission
amended its prior vote, taF:ing out the section
about moving the Pony League field to E1
Quito. in order to assuage the neighbors.
Cherbone said that. unfonunatelv, there are
no other parks in the city as well suited to a
field conversion as El Quito Park. since there
is an existing softball field there.
The task force then went quickly back
to the drawing board, so that it could come
up with a soiution in time for the city coun-
cil meeting on Sept. 6. But, according to
Cherbone, the task force could not come
up with a better, more efficient option
than the one it chose on Aug. 7.
This option, number 3B, calls for the
park to be laid out with room enough for
eight soccer fields. three of them 300 feet
by 150 teet and five of them 150 feet by 100
feet. When not in use for soccer, the park
could hold three Little League baseball
fieids with 60-foot base lines, two semi-
permanent Little League fields with 45-
toot base lines and two'T-ball fields.
This option includes eiiminating the
basketball court and tennis court at Con-
gress Springs today. It includes keeping
tfie playground, restrooms and parking
area, constructing a walking path around
the entire park, adding more landscaping
and possibly adding some amenities, such
as batting cages.
While the other options [avored either
baseball or soccer, option 3B was the best
compromise, Cherbone said.
Durketsaid that Pony L.eague would lilce
to stay at Congress Springs Park but woufd
not have mu�ded moving to EI Quito.
"If you can't find us a place at El Quito,
we have to stay at Congress Springs Park,"
Durket said at the meeting Aug. 28.
"There's 39 kids, maybe S0, who need to
Please turn ro paee 1�
Pony League
Continued from page 12
play ball at the Pony League level."
According to Durket, many parents of
Pony League players are likely to show up
at the Sept. 6 council meeting.
According to Cherbone, no groups will
be kept from using any of the fields at the
park, but the Little League fields may not
meet the needs of Pony League, which
uses 75-foot base lines, not 60. While high
school fields are too large for Pony League
players, Little League fields are too small.
Durket said it would be possible for
Pony to share the field with Little League
as long as it had removable bases.
In addition, the California Youth Soc-
cer Association is now asking to use the
fields forpractice, according to Cherbone.
The 22 EI Quito Park neighbors who
spoke in opposition to the Pony League
field plan on Aug. 21, cited the in�reased
number of cars, parking spaces, people.
trash and noise, the use of hard balls rather
than soft balls and a reduction in grass and
trees as reasons why El Quito should not
be converted to a Ponv League field.
SAI�I'O(UA IVIINOR
IS ARRESTED
FOR GR.AFFITI
VANDALISM
B�' LEIGH ANN MAZ.E
A 16-vear-old resident. who has been
spraying and writing his tag. "Manifsto"
around Saratoga, has been identified
and twice arrested tor vandalism by
Sheriff's deputies.
On Aug. l. Sheriff s Deputy Nancy Csa-
banvi was responding to a noise complaint
on Portos Drive in Saratoea when she
noticed fresh graf6ti at Gardner Park and
photoeraphed it. She also collected four
three-ounce spray paint cans at the scene.
Csabanyi recalled seeing similar graffi-
ti at the Argonaut Shopping Center on
Saratoga-Sunnvvale Road.
?he spray pain[ cans had Lones Drugs
price stickers on them. Longs Drug
employee Susan Song.18. told the sheriffs
she recalled selling the spray paint, and
gave descriptions of about five juvenile
suspects. It is illegal for businesses to sell
spray paint to juveniles. according to Sher-
iff's Lt. Dennis Gregory.
While on patrol at 2 a.m. on Aug. 4,
Deputy Dalia Henriquez spotted about
ten juveniles in Wildwood Park in Sarato-
ga. who all fled when she arrived. Alco-
holic beverage containers and nitrous-
oxide. or laughing gas. werc found in the
park. according to Sgt. John Hirokawa.
Several juveniles, all of them Saratoga res-
idents, were taken into custody thaC night
for violation of the citv's curfew.
Deputies returned later that day and
discovered graffiti and vandalism on the
bathrooms and sidewalk, as well as a back-
pack belonging to the suspect at the park.
The backpack had the same "tag" on it
and had matching paint inside, according
to Gregory.
The evidence ledsherifis to the 16-vear-
old suspect, who lives near Fourth Street
in Saratoga. "I�he boy admitted he was
responsible for graffiti at Gatdner and
Wildwood Parks and the Argonaut Shop-
ping Center. He was arrested on Aug. 4.
by Deputy Andrew Vasquez for vanda{-
ism. He was placed in Juvenile Hall and
was released shortly thereafter.
On Aug. 15. Deputy Csabanyi again
noticed the "Manifsto" graffiti while on
patrol, this time written in black marking
pen on a service box under a stairwell on a
building on Fourth Street in Saratoga. The
16-year-old was arrested again for vandal-
ism on Aug. 21, according to Hirokawa.
"It's not uncommon for these kids to
keep doing it," said Gregory. "It's kind of
like a way of life for some of them. They
just get off on doing this stuff, it's exciting
for them, an identity for them. And it caus-
es a lot of damage."
When Sheriff's deputies see graffiti,
they photograp6 it and indicate the date,
time, location, style and other identifying
features. It is then added to a computer
database to be compared to existing
"tags" or to see if it can be charged to
someone w6o has been arrested.
If a person defaces property with graffi-
ti and causes more than 5400 in damage, it
can be classified as a felony, according to
Hirokawa. Srill, problems with graffiti are
uncommon in Saratoga, Gregory said.
Trails meetings
time change
The trails subcommittee
ofthe Saratoga Parks and
Recreation Commission has
held monthly public meet-
ings since mid-August to
discuss any city trails issues.
The day of the meetings has
changed from the third Fri-
day of every month at 7:30
a.m. to the third Thursday of
every month at the same
time. The meetings are hetd
at City Hall in the adminis-
trative office on Fruitvale
Avenue.
Nei hbors say no to idea for
g
Pon �ea ue la in El Quito
y g P y
Bv KARA CHALMERS
Some 22 neighbors of El Quito Park
packed the small City Hal1 admuustrative
office on Aug. 21, to complain about the
city's plans to convert the parks' field—
used today for adult softball—to a perma-
nent baseball diamond for Saratoga Pony
League. The main opposition concerned
the conversion of a neighborhood park to
what neighbors called a community park.
But die neighbors IeftthemeeUnghappy,
since the city decided to quash the El Quito
Park plan and go back to the drawing boazd
"We feel they recommended the multi-
ple uses of the park by all generations and
groups," said one Paseo Presada resident,
Kathy McGoldrick.
The plan was part of a bigger project the
citv has undertaken to renovate and make
better use of Congress Springs Park, a 14-
acre park widely used for baseball and soc-
cer in the city.
In Saratoga, there is a shortage of flat
grassy land for sports. The Congress
Springs renovation came about partly
because of the need to malcimize the space
for playfields in the city that already exisLs.
The $1.2 million renovation of Congress
Springs involves redesigning the layout of
the park's five fields. The goaLs of the rena
vation are to get as many playfields as possi-
ble f rom the fields there now, and to make
the old and uneven fields safer. The con-
struction is tentatively set to begin at the
park in December. The park's user
groups—American Youtti Soccer Organi-
zadon and Saracoga Little League and Pony
League—will need to use altemate sites dur-
ing the renovavon at Congress Springs Park.
The renovation plans for Congress
Springs approved on Aug. 7, by the
Saratoga Parks and Recreation Commis-
sion on the recommendation of the Con-
gress Springs Park renovation project's
task force, eliminates the Pony League
field that is at Congress Springs today—
the field closest to Glen Brae Drive. The
task force is made up of representatives of
Pony League, Little League and the
AYSO, city staff, City Councilman Nick
Streit and the architects and consultants
hired to design the new park. The meet-
ings are open to the public.
According to the city's d'uector of Public
Works, John Cherbone, the task force sug-
gested moving the field to El Quito Park,
since there is an existing softball field at EI
Quito. He said also that the city's other
parks don't have as much room as El Quito.
The plans for Congress Springs contain
three permanent Little League infields,
and two portable ones. The space at the
park could be used for up to eight soccer
fields and two 'T-ball infields, as well.
While the tennis and basketball courts
would be removed, the playground and
resuooms would stay untouched.
But berause of the neighborhood oppo-
sition voiced on Aug. 21, the task force and
the �ommission now must look again at the
options offered by the architect. The com-
mission will recommend an option to the
city council, wtuch will discuss it on Sept. 6.
One of the options might be to keep the
Pony League field at the new Congress
Springs. But if Pony League is kept, one of
the planned Little League fields will be
eliminated. According to Cherbone, the
task force will look at ways to fit the Pony
League field into Congress Springs Park in
a way that would not impact the planned
soocer fields. But Cherbone said it would be
up to Little League and Pony League to
"hash it out," among themselves.
Saratoga Little League is made up of
450-500 children from ages 5-12, who
reside in Saratoga.
During the past season, the Sazatoga
Pony League was comprised of 39 playe�,
ages 13 to 14, according to Earl Charles,
the president of the League, who added
that he e�cpects up to 50 players next year.
All players in the League must live in
Please turn to page 13
AUGUST 34, Z000 SARATOGA NEWS l 1
Gongress Springs
Continued from page l l
Saratoga. From the end of March to mid-
June, the League ptays about two to three
games per week, he said. It alsa has prac-
tices beginning in January on Saturdays,
and a tournament that lasts till August.
While high schoo! fields are too large for
Pony League players, Little League 6elds
are too small. When asked if it was possi-
ble for both Pony and Little leagues to
share a field, Charles said no, since the
dimensions are too different. He pointed
ouc that for the Pony League, staying at
Congress Springs would be the best
option, but that the League was very will-
ing to move to another city patk, as well.
"We find that a number of the families
have kids at different ages playing base-
ball and it's nice for them to go from one
field to anather to watch their sons and
daughters play baseball," Charles said.
If the city decides to eliminate Pony
League altogether, Charles said there
would be a huge void in the city's baseball
program. He said that Pony League helps
build players for high school baseball and
that without it, Saratoga stands to lose
many good players to other cities' teams.
"Taking that away is like taking a huge
part of a kid's childhood away, in terms of
the baseball aspect," Charles said.
The El Quito Park neighbors who
turned out on Aug. 21, cited the increased
number of parking spaces, traffic, num-
bers of people, trash and noise, the use of
hard balls rather than soft balls and a
reduction in grass and trees that the pro-
posed use of EI Quito might bring.
"This really is a neighborhood park,
used by a lot of different people," said
neighbor Karen Murphy at the meeting.
"We really need a place to just play."
The vocal opposition by the EI Quito
Park neighbors was nothing new for the
commi�.sion, which met similar opposicion
when it explored using the Marshall Lane
School, as well as the Blue Hills School
and Azule Park sites for playfields over
the past two years, according to commis-
sion Chairwoman Judy Alberts.
In early 1998, the city began looking at
school sites for play6elds. A task force
was formed with representatives from
the Saratoga, Cupertino and Moreland
school districts to expiore developing
joint use fields.
"The pubGc outcry from residents
around Marshai! Lane and Blue Hills
Azule was enormous," Alberts said. "And
the city council directed our commission
to stop researching utilizing the schools."
.��t
The City of Saratoga
Parks and Recreation Commission
Invites you to attend the City Council meeting on
Wednesday, September 6, 2000 at 7:00 p.m.
to discuss proposed improvements
to Congress Springs Park
Background: The City of Saratoga Parks and Recreation Commission, at
their regular meetings last year, discussed Congress Springs Park in an
effort to increase the number of playfields and improve safety for users. The
information gathered by the Commission was presented to City Council,
which gave approval to proceed with the project. The City has since
retained an architect to produce design drawings for Congress Springs Park.
Meetings were held on July 10, August 7, August 21 and August 28 to
introduce the public to the project and to provide the public with an
opportunity to give feedback. The meeting on September 6 will provide the
public with an opportunity to receive updated information regarding the
project and will provide an opportunity for the public to further review the
project and provide feedback to City Council.
The Meeting will be held at the Civic
Theater/Council Chambers at
13777 Fruitvale Avenue
Saratoga, CA 95070
For further information,
please contact Cary Bloomquist
in the City Managers Office at 868-1258
Lr rq1�
E. CLEMEh'T SH[,'TE. JR
MARK f. WEINBERGER
MARC B� M�HALY, P.G.
FAI�T: M. LAYfOT
RnCHEL B. HOOPER
ELLET.� ,i. GARHER
CHRISTY H. TAYLOR
TMIARR 5 GALn1�.TER
ELLISOta FOLK
RICHARD 5. TAYLOR
SUSANNA}�! T FRENGH
WILLIAM J WHITE
JOSEPH E. JAR.'.M1LL
ROBERT 5. PERIJ.�1�rTTER
/1AROt� 5. ISNERWOOD
SLSq1: 5. CLEVEV.ND
OS.1 L..1R1`4:
SHUTE, MIHALY b WEINBERCER LLP
qTTORNEYS AT LA��
396 n'REET
SAN FRqNC15C CALIFORNIA 9
TELEPHONE: �415) 552-727
TELEGOPIER: 552-58�6
LIUREL i.. IMPE! .1;�r
U0.D�1� PI�NNER
ELIZ,�.BETH M DODC
OF COIfNSE:
MEMOR�AND�JM
TO:
FROM:
DATE:
RE:
Saratoga City Council
Richard S. Taylor, City Attomey
December 10, 1999
Political Activities of City Officials and Staff
In light of the Library Bond measure recently placed on the March, 2000
ballot and at the request of Mayor Bogosian, this memorandum summarizes the law
governing political activity by the City including Council members, commissioners, and
City staff. The key points of the law may be summarized as follows:
The City Council and commissions may take positions with respect to issues of
community concern and may announce those positions publicly. The City may
also, through its elected officials, commissioners, and staff, lobby legislators of
e±her lcczl g� :�er.i.-nr:.w �,u �f ttie siaie and tederal governments to influence
legislative action. As with any action by a commission, commission policy
statements must be within the scope of the commission's jurisdiction as set forth in
the ordinance or resolution establishing the commission.
The City may not make expenditures of public resources through the City Council,
commissions, or staff in a manner intended to influence public opinion. City
resources may be used to provide objective information on issues of public
concern. Public resources may also be used to inform the public of the position of
the Council or commissions in the manner in which the public is generally
infonned of council or commission decisions (i.e., resolutions and minutes).
Saratoga City Council
December 10, 1999
Page 2
With the exceprion of the.ban on using public resources for political activities and
laws prohibiring improper use of public office, there are few limits on the ability of
individual Council members to participate in political activities. Commissioners
are subject to somewhat greater limitations.
City staff may engage in political activities in their offhours with only fe��
exceptions. In order to ensure that these activities do not result in an improper
expenditure of public funds, the City Council may prohibit political activity during
work hours and on Ci±y property.
Below, we first describe the law as it applies to political activities of the
City itself when it acts through the City Council, a commission, or City staff. This is
followed by a discussion of the law applicable to political activities of individual Council
members, commissioners, and City staff.
I. Politicai Activities of the City
In general, the City may not spend public money for any partisan political
activities. The California Supreme Court, in Stanson v. Mott, 17 Cal.3d 2G� (1976), set
forth the core consritutional principles governing public agency expenditures on the
dissemination of public information concerning elections. Stanson concerned a challenge
to the Department of Parks and Recreation's dissemination of "promotional" literature
during a bond election. The Court held that absent explicit legislative authorization, a
public agency may not expend public funds' to promote a particular position in an
election campaign. (See id. at 209-10.) As the Court stated, "[a] fundamental precept of
this nation's �emoc:�tic el�cto:al proc�ss is tha*, th� gevernm�n*. r:ia}� net `take sides' in
election contests or bestow an unfair advantage on one of several competing factions.
[T]he selective use of public funds in electoral campaigns, of course, raises the specter of
an improper distortion of the democratic electoral process." (Id. at 217.)
Notwithstanding Stanson's general prohibition, public agencies may take
positions on ballot questions so long as they do so during the course of a regular meeting
that is open to the public and thus to the expression of citizens' views. "While [such an
'This includes not only direct expenditures such as postage and copying costs, but
indirect expenditures such as stafftime and use of City equipment and office space. (See,
Peonle v. Snerl, 54 Ca1.App.3d 640 (1976).)
Saratoga City Council
December 10, 1999
Page 3
endorsement) may be construed as the advocacy of but a single viewpoint, there is no
genuine effort to persuade the electorate such as that evinced in the activities of
disseminaring literature, purchasing advertisements or urilizing public employees for
campaigning during normal working hou.rs." ILeague of Women Voters v. Countvv��ide
Criminal Justice Coordination Comm., 203 Ca1.App.3d 529, 560 (1988).) This is true
even though public funds are, by necessity, expended in holding the public meeting itself.
(Id.)
P�sblic agencies also may use public funds to dissemir.ate objective and
balanced information concerning ballot questions. (Stanson v. Mott, supra, 17 Cal. 3d. at
221, n.6.) For example, it is permissible for an agency to evaluate the likely impacts of a
ballot measure on the agency, and to make that information available to the public who
may make use of the information if they choose. 2 The Stanson court held that although
the Department of Parks and Recreation, as a public agency, could not expend public
funds to "promote" passage of a park bond issue, the agency could use public funds to
disseminate relevant information relating to the election in a fair and impartial way. The
court explained that "it would be contrary to the public interest to bar knowledgeable
public agencies from disclosing relevant information to the public, so long as such
disclosure is full and impartial and does not amount to improper campaign activity." (Id.)
Because the line between permissible objective information and impermissible
promotional information is not always clear, it is important to carefully review any
information that the City plans to disseminate using public funds.
State law also allows expenditures of public funds for certain lobbying
activities. A local legislative body, directly or through a representative (i.e., City staff or
Commissioners), may meet with both the federal and state le ;islsti:: es, errESentaiives of
the federa] and state executive, state agencies, and other local agencies on issues that
affect the City. (Gov't Code 50023.) Further, a local legislative body may enter into
associations for the above stated purposes. (Gov't Code 50024.) The disrinction
2 The legislature has codified this exception in several instances. Education Code
section 7054, for example, provides that a school district may use public resources to
provide information about bond and ballot measures so long as the information
constitutes a fair and impartial presentation of the relevant facts to aid the electorate. And
Education Code section 7058 provides that school district boards may allow the use of a
school forum for debates between candidates or concerning issues on the ballot so long as
it is made available to all sides on an equitable basis. (Education Code 7058.}
Saratoga City Council
December 10, 1999
Page 4
between permissible "legislative lobbying" and impermissible "election campaigning" b��
public bodies turns on the audience to which the activi .ty is directed. (See, Miller v.
Miller, 87 Cal App. 3d. 762, 768-72 (1978)(noring that the statutes authorizing public
agency lobbying are narrowly construed, that nothing authorizes the use of public funds
to influence decisions of the people as the electorate, and that such advocacy activities
present a serious threat to the integrity of the electoral process).)
The foregoing limitations on expenditures of public funds apply equally to
PxpenditLres by or on b�half of :he Cir� Council, cor;un�ssions, and staff. The "lobbving
exception" refers explicitly to "legislative bodies" and therefore does not authorize
lobbying by City commissions or City staff unless the commission or staff are acting as
the City Council's authorized representative. State law allows objective information to be
iiisseminated by the City Council, commissions, and staff alike. Of course, any
expenditures of funds for that purpose would need to be authorized by the City Council.
Similarly, commissions and staff may take positions on public issues on behalf of the City
only to the extent that they are authorized to do so by the City Council in the form of an
explicit or general direction to staff or a Commission. Note that City's Protocol for
Public Officials provides that only the City Counci] may authorize staff to "initiate
actions, prepare a report that is significant in nature, or initiate any project o: study
relating to City business." (City of Saratoga Resolution No. 94-23, 4.)
II. Political Activities of City Officials
A. In General
The law gives some degree of latitude to City Councilmembers,
Commissioners, and staff to participate in political activities as individuals. City officials
may publicly endorse other candidates, ballot measures, or take positions on matters of
public interest. The courts have explained that elected officials and appointed
Commissioners are expected to take positions .on matters of public policy and that they
have both a right and an obligation to discuss issues of vital concern with constituents and
to state their views on matters of public importance. (See, Citv of Fairfield v. Superior
Court, 14 Ca13d. 768, 780-82 (1975)[council members' prehearing statements
concerning zoning application were irrelevant to whether the application received a fair
hearing]; see also, Attorney General Opinion No. 94-1003 (March 16, 1995)[a city
council member who signed a petition is not disqualified from participating in
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December 10, 1999
Page 5
proceedings on that issue].)
The primary limitations on individual conduct arise from the principle that
public funds may not be used for political purposes and the related principle that public
office may not be used to obtain an unfair advantage in the political process. Thus, state
law makes it a crime for an individual to use public funds for political purposes. (Penal
Code 424; see Peonle v. Snerl, 54 Ca1.App.3d 640 (1976)[Los Angeles County Marshal
convicted for assigning deputies to (i) lobby on behalf of private association during work
hours, (ii) use cour.ty vehicles for pol:tical purposes, and (iii) use couiity telephones and
staff for fundraising telephone calls.].) In addition, state law establishes certain limits on
the nature of political activity that may be undertaken by City officials.
The Govenunent Code provides that City Councilmembers,
Commissioners, and employees may not:
Use their office, authority or influence to obtain a change in position or
compensation in exchange for a particular vote or political action by the
official or employee. This includes urging or discouraging an individual
employee to engage in specific action. (Gov't Code 3204.)
Directly or indirectly solicit political funds or contributions from other
officers or employees of the local agency unless the communication is made
to a significant segment of the public which may include officers and
employees of the local agency. (Gov't Code 3205.)
Directly or indirectly offer to increase the compen�ation �r sa;ary of a�o;her
in exchange for a contribution or loan to any committee controlled directly
or indirectly by the person who holds or is seeking election to an office.
(Gov't Code 3205.5.)
Participate in political activities of any kind while in uniform. (Gov't Code
3206.)
The one exception to these limitations is that employees may solicit and receive political
funds or contributions to promote the passage or defeat of a ballot measure which would
affect the rate of pay, hours of work, retirement, civil service, or other working conditions
of officers or employees of the state or local agency. (Gov't Code 3209.) However,
Saratoga City Council
December 10, 1999
Page 6
even this protected activity may be limited by the City during working hours and on
government property. (�d.; Gov't Code 3207.)
B. Limitations on Councilmembers and Commissioners
There are no federal or state statutory limits on a Councilmember or
Commissioner using his or her official title in connection with political activity or fund
raising when he or she is acring as a private individual. However, as a precautionary
measure many offi�ials have adopted the p:�c�ce a: statiag that their oificial ►iiie is deing
used only "for puiposes of identification." This precaution is particularly useful where an
official is strongly identified with their office and it is important to clarify that certain
actions are being taken as a private individual to avoid any implication that the official is
acting or making expenditures on behalf of the City.
As a private individual a City official may con�ibute to another person's
election campaign or to a ballot measure campaign. 1Bucklev v. Valeo, 424 U.S. 1
(1976); California Attorney General Opinion No. 96-505 (March 20, 1997).) In general,
a public official acring as a private individual may also raise funds for other candidates or
ballot measures. However, non-elected officials (i.e., Commissioners) may ;olicit or
direct a contribution of more than $250, for any candidate or ballot measure, from any
party while a proceeding involving a license, permit, or other entitlement for use is
pending before the official or for three months after such a decision is rendered final.
(Gov't Code 84308(b).) This limitation also applies to elected officials serving in a
non-elected capacity on a board or commission that has the power to grant licenses,
permits, or other entitlements for use. (Gov't Code 84308(a)(4).) Further, all candidates
and public officers are subject to the rPstrictions of the Political Reform Act limiting and
requiring disclosure of financial contributions and conflicts of interest. (Gov't Code
81000 et seq.)
C. Limitations on Citv Staff'
The policy of the State of California is to allow broad freedom of political
expression by local government employees. (Gov't Code 3203.) In order to avoid any
actual or apparent misuse of public funds, however, the legislature has authorized local
governments to establish rules and regulations prohibiting or otherwise restricting officers
and staff from engaging in political activity during work hours and on City property.
(Gov't Code 3207.) The City currently does not have any such policies. Any policies
Saratoga City Council
December 10, 1999
Page 7
that are adopted by the City must be narrowly tailored to advance the City's interest in
efficiency and integrity of public service and avoid unnecessary interference with
employ.ees' rights under the first amendment to the U.S. Constitution. (Fort Civil
Service Comm of the Countv of Alameda 61 Ca12d 331 (1964).)
Under federal law, the Hatch Act applies primarily to federal executive
branch employees. (5 U.S.C. 7321 et seq.) However, specific provisions of that law
apply to officers and employees of any state or local agency whose principal employment
is in co:uzsc::o.^. with ar.y activity fina�ced in whole or ir, part by laans or grants from the
federal government. (5 U.S.C. 1501-1508.) Those employees may not (1) use their
official authority or influence for the purpose of interfering with or affecting the result of
an election or a nomination for office; (2) coerce others for contributions; or (3) be a
candidate for elective office. T'he Act does not prohibit an employee from being a
candidate in a nonpartisan election. (5 U.S.C. 1503.) Violations of the Act may
warrant removal of the officer or employee from employment. (5 U.S.C. 1505.) If the
officer or employee is not removed, the federal funds may be withheld from the agency in
an amount equal to two years pay of the officer or employee. (5 U.S.C. 1505;
Oklahoma v. U.S. Civil Service Comm.. 330 U.S. 127 (1947) [removal or forfeiture
clause in �t is constitutional].) However, whether an employee can be disciplined or
terminated for violation of this federal statute will depend on the applicability of various
state laws protecting employees.
The Office of the Special Counsel of the U.S. Merit Systems Protection
Board ("OSC") has primary responsibility for enforcing the Act. OSC has stated that
affected employees may: run for public office in nonpartisan elections; campaign for and
hold office in political clubs or organizations; actively campaig*� for cardidate� far public
office in partisan and nonpartisan elections; and contribute money to political
organizations and attend political fund raising functions. (See OSC Web Site at
www.osc.gov/hatch b.htrn.) Affected employees may not: be candidates for public office
in a partisan election, use official authority or influence to interfere with or affect the
results of an election or nomination; directly or indirectly coerce contributions from
subordinates in support of a political party or candidate. (Id.)
Please do not hesitate to contact me if you have any questions concerning
these matters.
(P:�SARATOGAVv1ATl �RST045.MEMJ