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HomeMy WebLinkAboutPacket.pdfTable of Contents Agenda 3 Commendation Recognizing Wildwoodstock Staff Report 10 Proclamation Recognizing Month of August 2011 - “World Breastfeeding Awareness Month” Staff Report 12 Proclamation 13 City Council Regular Meeting Minutes – June 15, 2011 Staff Report 14 Minutes 15 Review of Accounts Payable Check Registers Council Check Register 26 June 9 2011 Register 28 June 16 2011 Register 32 June 23 2011 Register 35 Property Tax Levy for Debt Service Payments on the Library General Obligation Bonds Property Tax Levy Report 38 Debt Service Schedule 41 Resolution 42 Amendment of Agreement with KSAR Staff Report 43 Original Agreement 45 First Amendment 77 Second Amendment 80 Zoning Ordinance Amendment to Prohibit Medical Marijuana Dispensaries Staff Report 85 Ordinance 88 Hakone Gardens Well and Pumping System – Notice of Completion Staff Report 92 Attachment 1 - Notice of completion 94 One year extension to Annual Maintenance Service Contract – Landscape Maintenance Services (Gachina Landscape Services) Staff Report 95 1. Contract 97 One year extension to Annual Maintenance Service Contract – Landscape Maintenance Services (Loral Landscape, Inc.) Staff Report 132 1. Contract 134 City Manager Voluntary Benefits Waiver Staff Report 170 1 Resolution 172 Agreement 173 Unrepresented Regular Employee (Human Resources Manager) Staff Report 174 Resolution 176 Agreement 177 SMO (Saratoga Management Organization) Side Letters of Agreement for Reductions Staff Report 178 Resolution 180 Agreement 181 Confirmation of Report and Assessment of 2011 Weed/Brush Abatement Program Staff Report 184 2011 Assessment Report 186 Resolution 187 Notice of Public Hearing 188 Authorization to Submit Funding Proposal to the State Community Development Block Grant Program for 2008 Disaster Recovery Initiative Funding Staff Report 189 Attachment A: Resolution authorizing submittal of an application for funding and the execution of a grant agreement and any amendments thereto from the 2008 DRI allocation of the State CDBG Program 191 Ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. Staff Report and Ordinance 192 Wildwood Cinema Movie Night Staff Report 200 Resolution 202 Designation of Voting Delegate for League of California Cities Annual Conference 2011 Staff Report 203 Letter from LCC 205 Preannexation Agreement and Initiation of Annexation for 19351 Redberry Drive (APN 510-25-062) Updated Redberry Staff Report 209 Village Parking Improvements Staff Report 228 1. Parking District Map 231 2. Valet Parking Area Map 232 Wildwood Park Electrical Upgrades Staff Report 233 2 WEDNESDAY, JULY 6, 2011 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on July 1, 2011) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendation Recognizing Wildwoodstock Recommended action: Read and present commendation. 2. Proclamation Recognizing Month of August 2011 - “World Breastfeeding Awareness Month” Recommended action: Read and present proclamation. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL 3 SPECIAL PRESENTATIONS None 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. 3. City Council Regular Meeting Minutes – June 15, 2011 Recommended action: Approve minutes. 4. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: June 9, 2011 June 16, 2011 June 23, 2011 5. Property Tax Levy for Debt Service Payments on the Library General Obligation Bonds Recommended action: The City Council adopt the attached resolution which sets the FY 2011/12 property tax levy rate for the Library General Obligation Bond at $.0088 per $100 of Assessed Valuation to provide for the 2012 debt service assessments. 6. Amendment of Agreement with KSAR Recommended action: City staff is recommending that the Council approve the Second Amendment to Community Access Cable Television Services Agreement. 7. Zoning Ordinance Amendment to Prohibit Medical Marijuana Dispensaries Recommended action: Waive the second reading and adopt the proposed ordinance. 8. Hakone Gardens Well and Pumping System – Notice of Completion Recommended action: Move to accept the Hakone Gardens well and pumping system project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. 4 9. One year extension to Annual Maintenance Service Contract – Landscape Maintenance Services (Gachina Landscape Services) Recommended action: Approve a one year extension to the existing service contract with Gachina Landscape Services for scheduled maintenance of various City landscaped areas in the amount of $75,756 and authorize the City Manager to execute the same. 10. One year extension to Annual Maintenance Service Contract – Landscape Maintenance Services (Loral Landscape, Inc.) Recommended action: Approve a one year extension to the existing service contract with Loral Landscape, Inc for scheduled maintenance of various City landscaped areas in the amount of $52,320 and authorize the City Manager to execute the same. 11. City Manager Voluntary Benefits Waiver Recommended action: Adopt resolution and authorize the Mayor to sign an agreement documenting the City Manager’s offer to voluntarily waive certain benefits specified in his employment agreement. 12. Unrepresented Regular Employee (Human Resources Manager) Recommended action: Adopt resolution and authorize the Mayor to sign the voluntary compensation and benefits waiver agreement signed by the Human Resources Manager. 13. SMO (Saratoga Management Organization) Side Letters of Agreement for Reductions Recommended action: Adopt resolution referencing the three Side Letters of Agreement with SMO agreeing to both short-term and long-term reductions in compensation and/or benefits currently provided to the SMO-represented employees. PUBLIC HEARINGS Members of the public may comment on any item for up to three minutes. Items requested for continuance are subject to Council’s approval at the Council meeting 14. Confirmation of Report and Assessment of 2011 Weed/Brush Abatement Program Recommended action: Open public hearing, close public hearing, and adopt resolution confirming report and assessment of hazardous vegetation abatement charges. 15. Authorization to Submit Funding Proposal to the State Community Development Block Grant Program for 2008 Disaster Recovery Initiative Funding Recommended action: Open public hearing; listen to public testimony; close public hearing; and adopt resolution authorizing submittal of an application for funding and the execution of a grant agreement and any amendments thereto from the 2008 Disaster Recovery Initiative (DRI) allocation of the State CDBG Program. 5 16. Ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. Recommended action: Introduce and waive the first reading of the attached ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. Direct staff to place the ordinance on the consent calendar for approval at the next meeting of the City Council. OLD BUSINESS 17. Wildwood Cinema Movie Night Recommended action: Accept report and provide direction on the Park and Recreation Commission’s recommendation that the Council pass a resolution allowing Wildwood Park to remain open until 10:00 p.m. on September 10, 2011 for Wildwood Cinema Movie night and allocate $1800 towards the event. 18. Designation of Voting Delegate for League of California Cities Annual Conference 2011 Recommended action: Designate a voting delegate and alternate for the League’s Annual Conference. NEW BUSINESS 19. Preannexation Agreement and Initiation of Annexation for 19351 Redberry Drive (APN 510-25-062) Recommended action: Approve attached Preannexation Agreement and resolution initiating annexation of 19351 Redberry Drive (APN 510-25-062), an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and within the City’s Sphere of Influence and Urban Service Boundaries 20. Village Parking Improvements Recommended action: Receive report and provide direction to staff. 21. Wildwood Park Electrical Upgrades Recommended action: Receive report and provide direction to staff regarding electrical upgrades to Wildwood Park. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad-Hoc Council Finance Committee Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee 6 Valley Transportation Authority PAC West Valley Mayors and Managers Association West Valley Solid Waste Management Joint Powers Association Vice Mayor Chuck Page City School AdHoc Council Finance Committee Hakone Foundation Board Let’s Move City Mayor/Vice Mayor Oath of Office Santa Clara Valley Water District Commission Saratoga Ministerial Association TEA AdHoc West Valley Sanitation District Councilmember Jill Hunter Historical Foundation KSAR Community Access TV Board SASCC Tree AdHoc Village AdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government Carlson House Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Manny Cappello Carlson House Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Let’s Move City Mayor/Vice Mayor Oath of Office Santa Clara County Emergency Council TEA AdHoc Tree AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT 7 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, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 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, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on July 1, 2011, 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 July 2011 at Saratoga, California. Ann Sullivan, CMC City Clerk 8 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 7/6 Regular Meeting – Joint meeting with Planning Commission 7/20 RECESS 8/3 RECESS 8/17 Regular Meeting – Carlson House Core Team 9/7 Regular Meeting –Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting –Joint meeting with Saratoga/Monte Sereno Community Foundation 10/5 Regular Meeting –Joint meeting with Traffic Safety Commission 10/19 Regular Meeting –Joint meeting with Assemblymember Jim Beall, Jr. 11/2 Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting –Joint meeting with Hakone Foundation 12/6 Council Reorganization 12/7 Regular Meeting – Joint meeting with Heritage Preservation Commission and Historical Foundation 12/21 Regular Meeting CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 9 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation Recognizing Wildwoodstock RECOMMENDED ACTION: Read and present commendation. REPORT SUMMARY: Saratoga resident Nikki Thomson, organizer and creator of the Susan G. Komen breast cancer awareness program for Saratoga, has organized an all-day breast cancer fund raiser on July 16, 2011, at Wildwood Park in Saratoga. Council would like to commend her for her efforts in helping to bring awareness to this disease and the need to find a cure for this devastating cancer. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 10 ATTACHMENTS: Commendation will be made available at the July 6, 2011 Council meeting. 11 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Proclamation Recognizing Month of August 2011 - “World Breastfeeding Awareness Month” RECOMMENDED ACTION: Read and present proclamation. REPORT SUMMARY: The attached proclamation recognizes “World Breastfeeding Awareness Month” during the month of August 2011. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Proclamation 12 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING THE MONTH OF AUGUST 2011 “WORLD BREASTFEEDING AWARENESS MONTH” WHEREAS, breast milk is widely acknowledged to be the most complete form of nutrition for infants; and WHEREAS, breastfeeding is recognized by several organizations, such as the American Academy of Pediatrics, the American College of Obstetrics and Gynecology, the American Dietetic Association, and the National Association of WIC Directors, as the preferred method of infant feeding and support breastfeeding throughout the first two years of life; and WHEREAS, the United States Surgeon General identified breastfeeding as one of the most highly effective preventative measures a mother can take to protect the health of her infant and of herself; and WHEREAS, breastfeeding has many benefits for babies such as fostering optimal growth, promoting development of the brain and immune system, preventing common illnesses such as diarrhea, ear infections and infections of the respiratory and urinary tracts, and reducing the risk of being overweight during the later years of a child’s life; and WHEREAS, breastfeeding has many benefits for moms such as reducing the risk of acquiring certain diseases, such as breast and ovarian cancers, as well as diabetes, and additionally helps to reduce the risk of obesity in moms and babies; and WHEREAS, government, hospitals, employers, and community organizations have a vested interest in protecting and promoting breastfeeding as a means of preventing infant malnutrition, morbidity, and mortality; and WHEREAS, the families of Saratoga need reliable sources of information and support to make informed choices about the care and feeding of their infants; and WHEREAS, Saratoga celebrates World Breastfeeding Awareness Month in conjunction with the annual World Breastfeeding Week, August 1-7, 2011, which is proclaimed by the World Alliance for Breastfeeding Action along with the World Health Organization and UNICEF; and encourages all citizens to recognize the efforts of breastfeeding families and health professionals by providing support, encouragement, and help so mothers can succeed with breastfeeding. NOW, THEREFORE, BE IT RESOLVED, that the Saratoga City Council does hereby recognize and proclaim the month of August 2011 as “World Breastfeeding Awareness Month. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of July 2011. ____________________________ Howard A. Miller, Mayor 13 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Regular Meeting Minutes – June 15, 2011 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the June 15, 2011, City Council Regular Meeting. 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: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A – Minutes from the June 15, 2011, City Council Regular Meeting. 14 1 MINUTES SARATOGA REGULAR CITY COUNCIL MEETING JUNE 15, 2011 The City Council met in Closed Session in the Administrative Conference Room at 5:00PM. ANNOUNCEMENT OF CLOSED SESSION Conference with City-Designated Labor Negotiators Pursuant to Government Code Section 54957.6. The City Council held a Joint Meeting in the Administrative Conference Room at 6:00 p.m. with members of the Saratoga Library Commission and Friends of the Library. Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and asked members of Boy Scout Troop 581 to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Mary Furey, Administrative Services Director John Cherbone, Public Works Director Cynthia McCormick, Planner Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of June 15, 2011, was properly posted on June 9, 2011. REPORT FROM CLOSED SESSION Mayor Miller announced there was no reportable information from Closes Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Sam McBain-Mulford, Chair of the Saratoga Library Commission, noted the Saratoga Library Commission represents residents from the City of Saratoga and the City of Monte Sereno. Ms. McBain-Mulford provided a brief report of the 6:00 p.m. joint meeting with the City Council. 15 2 Terri Kramer, President of the Friends of the Library, also provided a brief report regarding the joint meeting with the City Council and members of the Library Commission. COUNCIL DIRECTION TO STAFF Council thanked the Library Commission and the members of the Friends of the Library for all they do for their communities. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Marty Goldberg addressed the Council regarding a house remodel project next to his property. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Lo announced that Wednesday, June 29th, would be the first “Market Place” farmer’s market event in downtown Saratoga. She added this event will occur every Wednesday from 2:30 to 6:30 p.m. Councilmember Hunter noted the Senior Center is holding a garage sale/flea market on August 20, 2011. In addition, the Bolleywood event will also be held in the Village on the evening of August 20th. CEREMONIAL ITEMS 1. APPOINTMENT OF LIBRARY COMMISSIONER AND ADMINISTER OATH OF OFFICE RECOMMENDED ACTION: Adopt the attached resolution appointing one (1) member to the Library Commission and direct the City Clerk to administer the Oath of Office. RESOLUTION NO. 11 – 039 PAGE/HUNTER MOVED TO ADOPT RESOLUTION APPOINTING ONE MEMBER TO THE LIBRARY COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. City Clerk Ann Sullivan administered the Oath of Office to newly appointed Library Commissioner Linda Baxter. 16 3 SPECIAL PRESENTATIONS 2. INTRODUCTION OF SANTA CLARA COUNTY FIRE CHIEF KEN KEHMNA RECOMMENDED ACTION: Introduce the new Fire Chief Ken Kehmna to the community. Mayor Miller introduced newly appointed Santa Clara County Fire Chief Ken Kehmna to the audience participants and the Saratoga community. CONSENT CALENDAR 3. CITY COUNCIL REGULAR MEETING MINUTES – JUNE 1, 2011 RECOMMENDED ACTION: Approve minutes. PAGE/HUNTER MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – JUNE 1, 2011. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 4. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: May 26, 2011 June 2, 2011 PAGE/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: MAY 26, 2011 AND JUNE 2, 2011. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 5. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC COMMITTEE LIAISON ASSIGNMENTS RECOMMENDED ACTION: Adopt resolution amending Resolution 10-071 appointing Council representatives to Committees, Agencies and Ad hoc Committees. RESOLUTION NO. 11 – 040 PAGE/HUNTER MOVED TO ADOPT RESOLUTION AMENDING RESOLUTION 10-071 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES, AGENCIES AND AD HOC COMMITTEES. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 17 4 6. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON PORTOS DRIVE RECOMMENDED ACTION: Move to adopt MV Resolution restricting parking on a portion of Portos Drive. MV RESOLUTION NO. 298 PAGE/HUNTER MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON A PORTION OF PORTOS DRIVE. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 7. Award of Contract for Street Sweeping Services RECOMMENDED ACTION: 1. Move to award a two year Street Sweeping Contract to Contract Sweeping Services in the amount of $91,000 per year with an additional $9,000 allocation per year for unscheduled sweeping. 2. Move to authorize the City Manager to execute a Street Sweeping Contract with Contract Sweeping Services. Councilmember Hunter removed this item for comment and clarification. HUNTER/PAGE MOVED TO 1. AWARD A TWO YEAR STREET SWEEPING CONTRACT TO CONTRACT SWEEPING SERVICES IN THE AMOUNT OF $91,000 PER YEAR WITH AN ADDITIONAL $9,000 ALLOCATION PER YEAR FOR UNSCHEDULED SWEEPING; AND 2. AUTHORIZE THE CITY MANAGER TO EXECUTE A STREET SWEEPING CONTRACT WITH CONTRACT SWEEPING SERVICES. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 8. RECORDS MANAGEMENT PROGRAM: RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS RECOMMENDED ACTION: Adopt Resolution Authorizing Final Disposition of Certain City Records. RESOLUTION NO. 11 – 041 PAGE/HUNTER MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 9. APPOINTMENT OF CITY REPRESENTATIVE TO THE ASSOCIATION OF BAY AREA GOVERNMENTS SHARED AGENCY RISK POOL BOARD RECOMMENDED ACTION: Adopt resolution designating City of Saratoga representatives to the Association of Bay Area Government’s Shared Agency Risk Pool Board of Directors. 18 5 RESOLUTION NO. 11 – 042 PAGE/HUNTER MOVED TO ADOPT RESOLUTION DESIGNATING CITY OF SARATOGA REPRESENTATIVES TO THE ASSOCIATION OF BAY AREA GOVERNMENT’S SHARED AGENCY RISK POOL BOARD OF DIRECTORS. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 10. ORDINANCE APPLYING THE AGRICULTURAL PRESERVE/OPEN SPACE OVERLAY (AP/OS) ZONING TO TWO MERGED ADJOINING PARCELS LOCATED AT 22480 AND 22490 MT. EDEN ROAD RECOMMENDED ACTION: Adopt the attached ordinance applying the Agricultural Preserve/Open Space Overlay (AP/OS) zoning to two merged adjoining parcels located at 22480 and 22490 Mt. Eden Road. ORDINANCE NO. 285 PAGE/HUNTER MOVED TO ADOPT ORDINANCE APPLYING THE AGRICULTURAL PRESERVE/OPEN SPACE OVERLAY (AP/OS) ZONING TO TWO MERGED ADJOINING PARCELS LOCATED AT 22480 AND 22490 MT. EDEN ROAD. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. PUBLIC HEARINGS 11. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION (BRUSH) RECOMMENDED ACTION: Open public hearing; listen to public testimony; and close public hearing. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). City Clerk Ann Sullivan presented the staff report. Julie Linney, Santa Clara County Fire Department, was present to answer Council’s questions. Mayor Miller opened the public hearing for comment. No one requested to speak on this item. Mayor Miller closed the public hearing for comment. RESOLUTION NO. 11 – 043 PAGE/HUNTER MOVED TO ADOPT RESOLUTION OVERRULING OBJECTIONS AND ORDERING HAZARDOUS VEGETATION 19 6 ABATEMENT (BRUSH). MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 12. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 - PUBLIC HEARING, APPROVAL OF ENGINEER’S REPORT, AND CONFIRMATION OF ASSESSMENTS FOR FY 11-12 RECOMMENDED ACTION: Move to adopt the Resolution(s) Ordering the Improvements and Confirming the Diagram and Assessments for FY 11-12. Public Works Director John Cherbone presented the staff report. Mayor Miller opened the public hearing for comment. No one requested to speak on this item. Mayor Miller closed the public hearing for comment at 7:50 p.m. Mayor Miller announced discussion of this item would be continued after hearing the next agendized item so that the City Clerk could tabulate the submitted ballots. Council moved on to Item 13. Mayor Miller returned to Item 12 at 8:06 p.m. Mayor Miller asked City Clerk Ann Sullivan to announce the results of the tabulated ballots. City Clerk Ann Sullivan announced that the clerk’s office received a total of 48 ballots. Of the 48 ballots received, 42 ballots were a yes vote, 5 ballots were a no vote, and one ballot was incomplete. RESOLUTION NO. 11 – 044 RESOLUTION NO. 11 – 045 PAGE/HUNTER MOVED TO ADOPT THE RESOLUTION(S) ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 11-12. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 13. ZONING ORDINANCE AMENDMENT TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES RECOMMENDED ACTION: Conduct a public hearing concerning adoption of the attached Zoning Ordinance Amendment to prohibit medical marijuana dispensaries. Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. 20 7 Heather Minner, attorney from City Attorney Richard Taylor’s Law Office, presented the staff report. Captain Carl Neusel, Santa Clara County Sheriff’s Office Westside Substation, addressed the Council regarding this item and provided answers to questions presented by members of the Council. Mayor Miller opened the public hearing for comment. No one requested to speak on this item. Mayor Miller closed the public hearing for comment. PAGE/LO MOVED TO ADOPT ZONING ORDINANCE AMENDMENT TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES; WAIVE THE FIRST READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. At this point Mayor Miller invited college students that were in the audience up on stage for introductions and comments. Mayor Miller announced Council would return to the continued Agenda Item 12. Landscaping & Lighting Assessment District LLA-1. OLD BUSINESS 14. Santa CLARA COUNTY COMMISSION REDISTRICTING UPDATE RECOMMENDED ACTION: That the City Council discuss and provide direction to staff. City Clerk Ann Sullivan presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment. Council concurred to abide by the City’s original position as noted in the May 19, 2011 letter that was sent to the Citizen’s Redistricting Commission stating the City’s principals – that Saratoga and the hillside area to the West and South to the County border must be included in the same supervisorial district. COUNCIL DIRECTION: Council directed staff to prepare a letter from the Mayor to the Santa Clara County Board of Supervisors reiterating the City’s position that the City continues to oppose any map that splits Saratoga from its hillsides or its sphere of influence. 21 8 15. PREPARATION OF FUNDING PROPOSAL FOR 2008 DISASTER RECOVERY INITIATIVE PROGRAM ALLOCATION RECOMMENDED ACTION: Accept report and authorize staff to prepare a funding proposal to the State of California for a 2008 Disaster Recovery Initiative (DRI) Program allocation. Administrative Analyst II Crystal Morrow presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment. PAGE/HUNTER MOVED TO AUTHORIZE STAFF TO PREPARE A FUNDING PROPOSAL TO THE STATE OF CALIFORNIA FOR A 2008 DISASTER RECOVERY INITIATIVE (DRI) PROGRAM ALLOCATION. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. NEW BUSINESS 16. CHAMBER OF COMMERCE PERMIT AND RENTAL FEE WAIVER REQUEST RECOMMENDED ACTION: Approve the Chamber of Commerce request to waive City permit and rental fees for a July 7, 2011 Barbeque at Wildwood Park and fund the waiver through the community events budget. Public Works Director John Cherbone presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment. LO/PAGE MOVED TO APPROVE THE CHAMBER OF COMMERCE REQUEST TO WAIVE CITY PERMIT AND RENTAL FEES FOR A JULY 7, 2011 BARBEQUE AT WILDWOOD PARK AND FUND THE WAIVER THROUGH THE COMMUNITY EVENTS BUDGET. MOTION FAILED 0-4-1 WITH COUNCILMEMBER CAPPELLO ABSENT. Councilmember Lo recommended the Chamber of Commerce submit an application to rent part of Wildwood Park, including the stage area, and pay the rental fee. 22 9 17. RESOLUTION SUPPORTING CONSISTENT FEDERAL AND STATE REGULATION OF MEDICINAL MARIJUANA RECOMMENDED ACTION: Accept report and direct staff accordingly. Administrative Analyst II Crystal Morrow presented the staff report. Mayor Miller invited public comment. No one requested to speak on this item. Mayor Miller closed the public comment. RESOLUTION NO. 11 – 046 PAGE/LO MOVED TO ACCEPT REPORT AND ADOPT RESOLUTION CALLING FOR THE FEDERAL GOVERNMENT AND STATE OF CALIFORNIA TO CONSISTENTLY REGULATE MEDICINAL MARIJUANA. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. 18. CITY COUNCIL MEETING DECORUM RECOMMENDED ACTION: Discuss and provide direction to staff related to creating a council policy regarding meeting decorum for City meetings. City Clerk Ann Sullivan presented the staff report. Mayor Miller invited public comment. The following people requested to speak on this item: Unidentified speaker feels general meeting standards are already in place to promote order. Unidentified speaker feels audience hand clapping within moderation is fine. No one else requested to speak on this item. Mayor Miller closed the public comment. COUNCIL DIRECTION: Council expressed varying opinions and concurred there needs to be additional discussion regarding this item. Council directed staff to bring this item back for additional discussion and consideration at a future council meeting. 23 10 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – reported: Hakone Foundation Executive Committee – the City has received a payment for ABAG insurance deductibles from Hakone Foundation. Santa Clara County Cities Association – met and the group noted, as in the past, there will be a count of the homeless people in Saratoga. Their goal is to reduce costs by finding housing for homeless people. Valley Transportation Authority PAC – met and noted VTA’s budget is stable. CALTrain has a one year budget. They have an updated 2012/2013 transit service plan and they plan on closing service at some stations. They did receive an update on the Bart service to San Jose. West Valley Mayors and Managers Association – will meet next week and Mayor Miller asked Vice Mayor Page to attend for him as he is not available on that date. Vice Mayor Chuck Page – reported: TEA AdHoc – AB68, Tax Equality Allocation formula, is still in the Assembly Appropriations Committee. West Valley Sanitation District – Councilmember Cappello attended the last meeting for Vice Mayor Page. He noted the next two meetings have been cancelled. Councilmember Jill Hunter – reported: Historical Foundation – the Historic Museum is currently closed due to building maintenance and they will re-open prior to the Fourth of July holiday. KSAR Community Access TV Board – the Board had a long meeting with Saratoga High School regarding the possibility of using the high school’s television booth as their recording booth, however, since that facility is not equipped with video capabilities, KSAR will continue to use West Valley College as their recording studio. SASCC – she attended the last meeting and noted they continue to experience financial concerns. Councilmember Emily Lo – reported: Library Joint Powers Association – the Library Authority has approved to grant library cards to non-resident students who attend schools within the Santa Clara County Library boundaries. Non-residents not attending schools within the County library boundaries will be required to pay the $80 fee for library cards. Chamber of Commerce: noted she attended the last Chamber meeting for Councilmember Cappello. She added the farmers market, Market Place, event is scheduled for June 29, 2011, from 2:30 to 6:30 p.m. on Big Basin in the Village. Councilmember Manny Cappello – absent. CITY COUNCIL ITEMS None CITY MANAGER’S REPORT 24 11 City Manager Dave Anderson noted the State’s budget was passed today and it included the abolishment of the redevelopment agencies – with the two-phase approach of abolishing them, and if the redevelopment agencies voluntarily gave a specific amount of money to the State they could remain in existence. ADJOURNMENT There being no additional business Mayor Miller asked for a motion to adjourn the Regular Meeting. PAGE/ LO MOVED TO ADJOURN THE REGULAR MEETING AT 9:40 P.M. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk 25 Dave Anderson Mary Furey Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 06/09/11 117927 117971 45 95,546.86 06/09/11 06/02/11 117926 06/16/11 117972 118007 36 106,133.07 06/16/11 06/09/11 117971 06/23/11 118008 118037 30 444,231.46 06/23/11 06/16/11 118007 AP Date Check No. Issued to Dept.Amount 06/09/11 117960 PW - CIP 37,036.83 06/16/11 117979 PW - CIP 25,226.10 06/23/11 118017 PW - CIP 20,971.80 06/23/11 118027 Public Safety 354,429.00 The following are Accounts Payable checks that were voided: AP Date Check No.Amount 06/09/11 117927 - 12/04/09 113946 50.00 08/19/10 115983 19.71 11/10/10 116534 325.62 Duran & Venebles PREPARED BY:DEPT. DIRECTOR: Prior Check Register Accounts Payable Accounts Payable Checks Released June 9, 2011 June 16, 2011 June 23, 2011 Accounts Payable Total Checks AmountType of Checks Rolling Hill Shoulder Description SARATOGA CITY COUNCIL MEETING DATE:July 6, 2011 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: Date Starting Check No. Ending Check No. Duran & Venebles Ann Sullivan Void Sandro Costanza Void - Reissue Issued to Traffic Control Superv Void Alignment error Void Gas Tax SCC Sheriff's Office General Fund Law Enforcement 6/11 The following is a list of Accounts Payable checks issued for more than $20,000: Fund Purpose SCVWD CIP Streets Erosion Mitigation Gas Tax Ravenswood Shoulder 26 The following is a list of cash reduction by fund: Fund #06/09/11 06/16/11 06/23/11 Total 111 General 26,555.24 43,479.43 395,360.83 465,395.50 231 Village Lighting 550.62 2,039.99 2,590.61 232 Azule Lighting 188.06 188.06 233 Sarahills Lighting 199.96 199.96 241 Arroyo de Saratoga Landscape 425.00 425.00 242 Bonnet Way Landscape 135.00 135.00 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 150.00 150.00 245 Fredericksburg Landscape 132.00 132.00 246 Greenbriar Landscape 406.00 406.00 247 Kerwin Ranch Landscape 311.00 311.00 248 Leutar Court Landscape 85.00 85.00 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 180.00 17.74 197.74 252 Prides Crossing Landscape 913.00 70.04 983.04 253 Saratoga Legends Landscape 158.00 158.00 254 Sunland Park Landscape 203.00 203.00 255 Tricia Woods Landscape 45.00 9.46 54.46 271 Beauchamps Landscape 1,133.30 42.72 1,176.02 272 Bellgrove Landscape 1,598.00 329.07 1,927.07 273 Gateway Landscape 203.00 203.00 274 Horseshoe Landscape/Lighting 320.00 8.87 328.87 275 Quito Lighting 165.00 870.76 1,035.76 276 Tollgate LLD 90.00 28.94 118.94 277 Village Commercial Landscape 15.60 211.00 226.60 311 Library Bond Debt Service - 411 CIP Street Projects 47,989.85 21,628.04 626.88 70,244.77 412 CIP Park & Trail Projects 685.00 2,813.78 3,498.78 413 CIP Facility Projects 7,601.81 7,601.81 414 CIP Admin Projects - 421 Tree Fund 452.24 280.06 732.30 431 Grant Fund - CIP Streets 22,309.46 22,309.46 432 Grant Fund - Parks & Trails 1,970.00 22.20 1,992.20 434 Grant Fund - Admin Projects 481 Gas Tax Fund 25,616.10 20,971.80 46,587.90 611 Liability/Risk Mgt - 612 Workers' Comp - 621 Office Support Services Fund 580.47 475.10 1,055.57 622 Information Technology 742.50 965.60 1,708.10 623 Vehicle & Equipment Maint 107.01 107.01 624 Building Maintenance 4,006.70 5,641.57 276.43 9,924.70 631 - 632 3,223.16 3,223.16 95,546.86 106,133.07 444,231.46 645,911.39 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 27 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 6 / 0 9 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 0 9 : 5 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 M T H L Y C H A R G E S 0 . 0 0 1 7 7 . 7 7 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 7 1 0 2 E R L I N E - R E C R E A T I O N 0 . 0 0 1 4 . 2 8 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 7 1 0 2 E R L I N E - C M O F F I C E 0 . 0 0 3 8 . 1 4 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 A L A R M P H O N E S 0 . 0 0 8 5 . 8 8 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 S U P E R T R U N K 0 . 0 0 5 0 7 . 3 4 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 S R . C T R A L A R M S 0 . 0 0 3 0 . 3 5 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 B O O K - G O - A R O U N D 0 . 0 0 2 9 . 7 6 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 7 1 0 2 E R L I N E - A S S I S T C M O F C 0 . 0 0 1 5 . 5 3 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 P O S T A G E M A C H I N E 0 . 0 0 1 4 . 2 8 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 7 1 0 2 P R O S P E C T C T R - A L A R M S 0 . 0 0 1 8 5 . 4 4 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 7 1 0 2 A M 1 6 1 0 R A D I O L I N E 0 . 0 0 1 5 . 5 3 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 6 2 4 6 2 0 2 P R O S P E C T C T R 0 . 0 0 1 5 0 . 8 3 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 G A T E W A Y I R R I G A T I O N 0 . 0 0 1 5 . 2 2 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 E L Q U I T O I R R I G A T I O N 0 . 0 0 1 5 . 5 1 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 C O R P Y A R D - E R L I N E S 0 . 0 0 4 5 . 1 1 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 P H O N E L I N E S - P A R K S 0 . 0 0 1 6 . 0 5 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 B L A N E Y M O D E M L I N E 0 . 0 0 1 5 . 2 2 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 C . S P R I N G S P A R K 0 . 0 0 3 0 . 7 9 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 T I T U S / P R O S P E C T M E D I A N 0 . 0 0 1 5 . 6 0 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 1 1 1 5 3 0 1 H I S T O R I C A L P A R K 0 . 0 0 1 5 . 6 0 11 1 1 1 1 1 7 9 2 8 0 6 / 0 9 / 1 1 2 3 4 A T & T 2 7 7 5 3 0 2 B I G B A S I N W A Y 0 . 0 0 1 5 . 6 0 TO T A L C H E C K 0 . 0 0 1 , 4 4 9 . 8 3 11 1 1 1 1 1 7 9 2 9 0 6 / 0 9 / 1 1 9 7 0 A T K I N S O N , A N D E L S O N , L O Y A , R 1 1 1 2 3 0 1 L E G A L / N E G O T I A T I O N S V C 0 . 0 0 7 , 9 3 7 . 5 0 11 1 1 1 1 1 7 9 3 0 0 6 / 0 9 / 1 1 9 5 C A L - W E S T L I G H T I N G & S I G N 1 1 1 5 3 0 1 R P R - N . C A M P U S / L I B R A R Y 0 . 0 0 9 4 3 . 8 9 11 1 1 1 1 1 7 9 3 1 0 6 / 0 9 / 1 1 1 2 5 C A R N E K I E , D I A N E 1 1 1 M E D R E I M 0 4 / 1 1 - 0 5 / 1 1 0 . 0 0 4 0 0 . 0 0 11 1 1 1 1 1 7 9 3 2 0 6 / 0 9 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 4 5 3 0 2 H O R S E S H O E D R 0 5 / 1 1 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 7 9 3 2 0 6 / 0 9 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 F O O T H I L L P A R K 0 5 / 1 1 0 . 0 0 1 7 8 . 0 0 11 1 1 1 1 1 7 9 3 2 0 6 / 0 9 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 2 4 3 5 3 0 2 C A R N E L I A N G L E N 0 5 / 1 1 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 7 9 3 2 0 6 / 0 9 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 V I L L A G E G A R B A G E 5 / 1 1 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 7 9 3 2 0 6 / 0 9 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 1 1 1 5 3 0 1 C . S P R I N G S 0 5 / 1 1 0 . 0 0 4 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 2 5 3 . 0 0 11 1 1 1 1 1 7 9 3 3 0 6 / 0 9 / 1 1 9 6 6 C I T Y O F S A R A T O G A 1 1 1 8 3 0 2 K M P 4 T H O F J U L Y E V E N T 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 9 3 4 0 6 / 0 9 / 1 1 9 6 6 C I T Y O F S A R A T O G A 1 1 1 8 3 0 2 W I L D W O O D B A N D E V E N T 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 9 3 5 0 6 / 0 9 / 1 1 9 3 0 C O L E S U P P L Y C O M P A N Y , I N C 1 1 1 5 3 0 1 J A N I T O R I A L S U P P L I E S 0 . 0 0 3 9 2 . 3 2 11 1 1 1 1 1 7 9 3 5 0 6 / 0 9 / 1 1 9 3 0 C O L E S U P P L Y C O M P A N Y , I N C 1 1 1 5 3 0 1 J A N I T O R I A L S U P P L I E S 0 . 0 0 1 3 9 . 8 4 TO T A L C H E C K 0 . 0 0 5 3 2 . 1 6 11 1 1 1 1 1 7 9 3 6 0 6 / 0 9 / 1 1 3 4 2 D A T A T I C K E T I N C 1 1 1 7 1 0 1 C I T A T I O N F E E S 0 4 / 1 1 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 9 3 7 0 6 / 0 9 / 1 1 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 P A R K I N G C I T 0 5 / 1 1 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 7 9 3 8 0 6 / 0 9 / 1 1 5 7 2 D O L P H I N C H A R T E R S 1 1 1 6 1 0 1 E X C U R S I O N - S F B A Y T O U R 0 . 0 0 9 8 9 . 0 0 11 1 1 1 1 1 7 9 3 9 0 6 / 0 9 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 N O Z Z L E - P A R K S 0 . 0 0 3 3 . 1 9 11 1 1 1 1 1 7 9 3 9 0 6 / 0 9 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S P R I N K L E R S - C . S P R I N G S 0 . 0 0 8 0 . 0 3 28 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 6 / 0 9 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 0 9 : 5 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 9 3 9 0 6 / 0 9 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S P R I N K L E R S - R A . W O O D P K 0 . 0 0 2 0 . 4 3 11 1 1 1 1 1 7 9 3 9 0 6 / 0 9 / 1 1 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 P V C P I P E G L U E - P A R K S 0 . 0 0 6 . 4 1 TO T A L C H E C K 0 . 0 0 1 4 0 . 0 6 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 . 0 0 4 , 3 2 7 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R A Z U L E 0 . 0 0 2 1 9 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R S E A G U L L 0 . 0 0 1 8 7 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 4 4 8 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O P E A S E O 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 5 5 3 0 2 Q U I T O M A R T H A 0 . 0 0 1 0 5 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 7 9 4 0 0 6 / 0 9 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O D E S A R A T O G A 0 . 0 0 8 5 . 0 0 TO T A L C H E C K 0 . 0 0 6 , 3 1 3 . 0 0 11 1 1 1 1 1 7 9 4 1 0 6 / 0 9 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 W E E D E A T E R R E P A I R 0 . 0 0 2 0 4 . 7 4 11 1 1 1 1 1 7 9 4 1 0 6 / 0 9 / 1 1 4 5 5 G A R D E N L A N D P O W E R E Q U I P M E 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 3 2 . 3 3 TO T A L C H E C K 0 . 0 0 3 3 7 . 0 7 11 1 1 1 1 1 7 9 4 2 0 6 / 0 9 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 7 5 . 4 0 11 1 1 1 1 1 7 9 4 2 0 6 / 0 9 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 4 4 . 8 0 11 1 1 1 1 1 7 9 4 2 0 6 / 0 9 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 4 4 . 8 0 11 1 1 1 1 1 7 9 4 2 0 6 / 0 9 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 1 4 . 2 0 11 1 1 1 1 1 7 9 4 2 0 6 / 0 9 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 2 1 4 . 2 0 11 1 1 1 1 1 7 9 4 2 0 6 / 0 9 / 1 1 5 2 0 F U N F U N F U N D A M E N T A L S 1 1 1 6 1 0 1 I N S T R U C T O R - B A S K E T B A L L 0 . 0 0 2 4 8 . 4 0 TO T A L C H E C K 0 . 0 0 1 , 4 4 1 . 8 0 11 1 1 1 1 1 7 9 4 3 0 6 / 0 9 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 4 1 1 9 1 2 1 - 0 0 1 R P R S P R I N K L E R / D A G M A R 0 . 0 0 2 3 0 . 5 4 11 1 1 1 1 1 7 9 4 4 0 6 / 0 9 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 2 5 2 5 3 0 2 S V C - P R O S P E C T / K R I S T Y 0 . 0 0 4 6 5 . 0 0 11 1 1 1 1 1 7 9 4 4 0 6 / 0 9 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 4 1 2 9 2 3 8 - 0 0 1 S V C - R A V E N W O O D P A R K 0 . 0 0 6 8 5 . 0 0 11 1 1 1 1 1 7 9 4 4 0 6 / 0 9 / 1 1 1 9 I A N G E D D E S T R E E C A R E , I N 2 4 1 5 3 0 2 V I A A R R I B A / V I A M O N T E 0 . 0 0 3 4 0 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 4 9 0 . 0 0 11 1 1 1 1 1 7 9 4 5 0 6 / 0 9 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 1 , 2 9 1 . 8 8 11 1 1 1 1 1 7 9 4 5 0 6 / 0 9 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 1 , 1 3 0 . 7 4 TO T A L C H E C K 0 . 0 0 2 , 4 2 2 . 6 2 11 1 1 1 1 1 7 9 4 6 0 6 / 0 9 / 1 1 6 7 4 J B T R O P H I E S 1 1 1 2 2 0 1 P L A Q U E / F O S T E R 0 . 0 0 2 4 3 . 3 6 11 1 1 1 1 1 7 9 4 6 0 6 / 0 9 / 1 1 6 7 4 J B T R O P H I E S 4 2 1 9 2 1 1 - 0 0 2 A R B O R D A Y T R E E P L A Q U E 0 . 0 0 4 5 2 . 2 4 TO T A L C H E C K 0 . 0 0 6 9 5 . 6 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 B E A U C H A M P S P A R K 0 . 0 0 2 1 2 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 R A V E N W O O D P A R K 0 . 0 0 1 1 0 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 A Z U L E P A R K 0 . 0 0 5 6 5 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 K E V I N M O R A N P A R K 0 . 0 0 1 0 0 . 0 0 29 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 6 / 0 9 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 0 9 : 5 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 H I S T O R I C A L P A R K 0 . 0 0 1 7 0 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 1 1 1 5 3 0 1 P R O S P E C T C E N T E R 0 . 0 0 5 5 0 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 8 0 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 4 5 3 0 2 S U N L A N D 0 . 0 0 2 0 3 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 4 7 5 3 0 2 K E R W I N R A N C H 0 . 0 0 3 1 1 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 1 , 5 9 8 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 5 3 5 3 0 2 L E G E N D S 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 7 9 4 7 0 6 / 0 9 / 1 1 2 2 1 L O R A L L A N D S C A P I N G , I N C 2 7 3 5 3 0 2 G A T E W A Y 0 . 0 0 2 0 3 . 0 0 TO T A L C H E C K 0 . 0 0 4 , 3 6 0 . 0 0 11 1 1 1 1 1 7 9 4 8 0 6 / 0 9 / 1 1 2 2 4 L O S G A T O S S A R A T O G A R E C R E 1 1 1 6 1 0 1 R E N T A L 6 / 2 0 - 2 4 & 8 / 1 5 - 1 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 7 9 4 9 0 6 / 0 9 / 1 1 9 6 8 M A C E D O N I O N U N E Z 1 1 1 5 1 0 1 R E I M / L I C E N S E R E N E W A L 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 7 9 5 0 0 6 / 0 9 / 1 1 9 5 0 M A L L I K A M T H O P P A Y 1 1 1 6 1 0 1 I N S T R U C T O R - B O L L Y W O O D 0 . 0 0 2 4 4 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 4 / 0 1 - 0 4 / 0 9 0 . 0 0 4 1 8 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 4 / 1 0 - 4 / 1 6 0 . 0 0 2 8 5 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 4 / 1 7 - 0 4 / 2 3 0 . 0 0 3 9 9 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 4 / 2 4 - 0 4 / 3 0 0 . 0 0 3 4 2 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 5 / 0 1 - 0 5 / 0 7 0 . 0 0 3 4 2 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 5 / 0 8 - 0 5 / 1 4 0 . 0 0 3 8 0 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 5 / 1 5 - 0 5 / 2 1 0 . 0 0 2 8 5 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 5 / 2 2 - 0 5 / 2 8 0 . 0 0 3 9 9 . 0 0 11 1 1 1 1 1 7 9 5 1 0 6 / 0 9 / 1 1 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 5 / 2 9 - 0 5 / 3 1 0 . 0 0 9 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 9 4 5 . 0 0 11 1 1 1 1 1 7 9 5 2 0 6 / 0 9 / 1 1 9 1 2 N O R T H E R N U N D E R G R O U N D C O N 4 1 1 R E T E N T I O N P Y M T - P O # 0 8 2 0 . 0 0 8 , 2 9 9 . 8 6 11 1 1 1 1 1 7 9 5 3 0 6 / 0 9 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 5 5 . 5 6 11 1 1 1 1 1 7 9 5 3 0 6 / 0 9 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 6 2 . 6 1 TO T A L C H E C K 0 . 0 0 2 1 8 . 1 7 11 1 1 1 1 1 7 9 5 4 0 6 / 0 9 / 1 1 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 6 5 . 4 9 11 1 1 1 1 1 7 9 5 5 0 6 / 0 9 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 9 7 . 9 5 11 1 1 1 1 1 7 9 5 5 0 6 / 0 9 / 1 1 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 1 0 6 . 7 4 TO T A L C H E C K 0 . 0 0 4 0 4 . 6 9 11 1 1 1 1 1 7 9 5 6 0 6 / 0 9 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 4 1 3 9 3 6 3 - 0 0 3 P G & E D E S I G N 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 7 9 5 7 0 6 / 0 9 / 1 1 9 0 8 P R O D O O R & G L A S S 4 1 3 9 3 2 2 - 0 0 1 T H E A T E R D O U B L E D O O R S 0 . 0 0 3 , 6 0 6 . 8 1 11 1 1 1 1 1 7 9 5 8 0 6 / 0 9 / 1 1 3 7 5 Q U A L I T Y A S S U R A N C E T R A V E L 1 1 1 6 1 0 1 E X C U R S I O N 0 6 / 1 6 / 1 1 0 . 0 0 1 , 0 2 5 . 0 0 11 1 1 1 1 1 7 9 5 9 0 6 / 0 9 / 1 1 7 7 4 R & S E R E C T I O N 1 1 1 5 3 0 1 R E P A I R / G L E N B R A E 0 . 0 0 1 9 8 . 0 0 11 1 1 1 1 1 7 9 6 0 0 6 / 0 9 / 1 1 9 7 S A N T A C L A R A V A L L E Y W A T E R 4 1 1 9 1 5 4 - 0 0 1 E R O S I O N M I T I G A T I O N 0 . 0 0 3 7 , 0 3 6 . 8 3 11 1 1 1 1 1 7 9 6 1 0 6 / 0 9 / 1 1 1 4 9 S I E R R A D I S P L A Y I N C 2 3 1 5 3 0 2 L E D T R E E L I G H T I N G 0 . 0 0 5 5 0 . 6 2 11 1 1 1 1 1 7 9 6 2 0 6 / 0 9 / 1 1 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 H E R B I C I D E - W E S T V A L L E Y 0 . 0 0 6 0 2 . 7 9 30 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 6 / 0 9 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 0 9 : 5 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 0 9 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 9 6 2 0 6 / 0 9 / 1 1 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 F E R T I L I Z E R - W . V A L L E Y 0 . 0 0 4 1 3 . 3 0 11 1 1 1 1 1 7 9 6 2 0 6 / 0 9 / 1 1 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 F E R T I L I Z E R - P A R K S 0 . 0 0 4 9 1 . 6 3 TO T A L C H E C K 0 . 0 0 1 , 5 0 7 . 7 2 11 1 1 1 1 1 7 9 6 3 0 6 / 0 9 / 1 1 2 3 6 S O L E C T R I C E L E C T R I C A L 2 7 1 5 3 0 2 R P R - B E A U C H A M P S L N . 0 . 0 0 1 , 0 4 8 . 3 0 11 1 1 1 1 1 7 9 6 4 0 6 / 0 9 / 1 1 9 6 3 S T R U C T U R A L E N G I N E E R S I N C 4 1 3 9 3 4 1 - 0 0 1 C A R P O R T / C O R P Y A R D 0 . 0 0 1 , 9 9 5 . 0 0 11 1 1 1 1 1 7 9 6 5 0 6 / 0 9 / 1 1 2 7 7 T A K ’ S E Q U I P M E N T 1 1 1 5 3 0 1 R E P A I R - M O W E R 0 . 0 0 1 0 1 . 2 0 11 1 1 1 1 1 7 9 6 6 0 6 / 0 9 / 1 1 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 1 2 5 A D M I N F E E 0 6 / 1 1 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 9 6 7 0 6 / 0 9 / 1 1 3 8 9 U S A V E R O C K E R Y 1 1 1 2 2 0 1 F I E L D S T O N E / F O S T E R 0 . 0 0 8 5 . 8 7 11 1 1 1 1 1 7 9 6 8 0 6 / 0 9 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 L I B R A R Y 5 / 1 1 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 9 6 8 0 6 / 0 9 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 C O N G R E S S S P R I N G S P A R K 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 9 6 8 0 6 / 0 9 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 E L Q U I T O P A R K W E E K E N D 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 9 6 8 0 6 / 0 9 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 W I L D W O O D P A R K W E E K E N D 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 7 9 6 8 0 6 / 0 9 / 1 1 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 K E V I N M O R A N P A R K W E E K E 0 . 0 0 1 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 8 0 0 . 0 0 11 1 1 1 1 1 7 9 6 9 0 6 / 0 9 / 1 1 4 3 2 W E S T V A L L E Y C O L L E C T I O N S 1 1 1 5 3 0 1 B I N - C . S P R I N G S 0 5 / 1 1 0 . 0 0 3 0 3 . 7 3 11 1 1 1 1 1 7 9 7 0 0 6 / 0 9 / 1 1 4 4 5 W O N G , E L L E N 1 1 1 6 1 0 1 I N S T R U C T O R - M A N D A R I N 0 . 0 0 4 3 2 . 0 0 11 1 1 1 1 1 7 9 7 1 0 6 / 0 9 / 1 1 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 I T S U P P O R T S E R V I C E S 0 . 0 0 3 3 0 . 0 0 11 1 1 1 1 1 7 9 7 1 0 6 / 0 9 / 1 1 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 I T S U P P O R T S E R V I C E S 0 . 0 0 4 1 2 . 5 0 TO T A L C H E C K 0 . 0 0 7 4 2 . 5 0 TO T A L C A S H A C C O U N T 0 . 0 0 9 5 , 5 4 6 . 8 6 TO T A L F U N D 0 . 0 0 9 5 , 5 4 6 . 8 6 TO T A L R E P O R T 0 . 0 0 9 5 , 5 4 6 . 8 6 31 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 7 / 0 1 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 3 : 4 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 9 7 2 0 6 / 1 6 / 1 1 8 4 A F M P R O M O T I O N S 2 7 7 5 3 0 2 R P R - H I S T B A N N E R S / V L G E 0 . 0 0 1 3 6 . 0 0 11 1 1 1 1 1 7 9 7 3 0 6 / 1 6 / 1 1 5 0 0 A V I A S H E R 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 9 7 4 0 6 / 1 6 / 1 1 5 7 1 C H A N G T A I D O K A R A T E & F I 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 4 3 2 . 1 0 11 1 1 1 1 1 7 9 7 4 0 6 / 1 6 / 1 1 5 7 1 C H A N G T A I D O K A R A T E & F I 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 2 5 9 . 2 6 11 1 1 1 1 1 7 9 7 4 0 6 / 1 6 / 1 1 5 7 1 C H A N G T A I D O K A R A T E & F I 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 3 4 5 . 6 8 11 1 1 1 1 1 7 9 7 4 0 6 / 1 6 / 1 1 5 7 1 C H A N G T A I D O K A R A T E & F I 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 5 4 2 . 8 8 11 1 1 1 1 1 7 9 7 4 0 6 / 1 6 / 1 1 5 7 1 C H A N G T A I D O K A R A T E & F I 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 8 6 . 4 2 11 1 1 1 1 1 7 9 7 4 0 6 / 1 6 / 1 1 5 7 1 C H A N G T A I D O K A R A T E & F I 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 4 3 2 . 1 0 11 1 1 1 1 1 7 9 7 4 0 6 / 1 6 / 1 1 5 7 1 C H A N G T A I D O K A R A T E & F I 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 1 3 5 . 7 2 TO T A L C H E C K 0 . 0 0 2 , 2 3 4 . 1 6 11 1 1 1 1 1 7 9 7 5 0 6 / 1 6 / 1 1 1 7 6 C I E N E G A L A N D S C A P I N G 2 7 7 5 3 0 2 N E W S R A C K M A I N T 0 5 / 1 1 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 7 9 7 6 0 6 / 1 6 / 1 1 9 3 0 C O L E S U P P L Y C O M P A N Y , I N C 1 1 1 5 3 0 1 J A N I T O R I A L S U P P L I E S 0 . 0 0 1 4 9 . 0 6 11 1 1 1 1 1 7 9 7 7 0 6 / 1 6 / 1 1 8 9 6 C O L U M B I A E L E C T R I C , I N C 4 1 1 R E T E N T I O N P Y M T - P O # 0 7 7 0 . 0 0 1 , 9 1 5 . 0 0 11 1 1 1 1 1 7 9 7 8 0 6 / 1 6 / 1 1 5 2 8 D A V I D . G A T E S & A S S O C I A T 4 1 1 9 1 4 2 - 0 0 4 V I L L A G E P E D E S T R I A N 0 . 0 0 1 , 3 5 5 . 5 0 11 1 1 1 1 1 7 9 7 9 0 6 / 1 6 / 1 1 3 5 5 D U R A N & V E N A B L E S , I N C . 4 8 1 R E T E N T I O N H E L D P O # 1 3 5 0 . 0 0 - 2 , 8 0 2 . 9 0 11 1 1 1 1 1 7 9 7 9 0 6 / 1 6 / 1 1 3 5 5 D U R A N & V E N A B L E S , I N C . 4 8 1 9 1 1 1 - 0 0 1 R A V E N W O O D D R S H O U L D E R 0 . 0 0 2 8 , 0 2 9 . 0 0 TO T A L C H E C K 0 . 0 0 2 5 , 2 2 6 . 1 0 11 1 1 1 1 1 7 9 8 0 0 6 / 1 6 / 1 1 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L - P R O S P 5 / 1 1 0 . 0 0 1 5 2 . 9 5 11 1 1 1 1 1 7 9 8 0 0 6 / 1 6 / 1 1 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L - W V C 0 5 / 1 1 0 . 0 0 3 0 5 . 9 0 TO T A L C H E C K 0 . 0 0 4 5 8 . 8 5 11 1 1 1 1 1 7 9 8 1 0 6 / 1 6 / 1 1 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 8 1 9 1 1 1 - 0 0 1 A L O H A / H W Y 0 9 6 / 1 1 0 . 0 0 3 9 0 . 0 0 11 1 1 1 1 1 7 9 8 2 0 6 / 1 6 / 1 1 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 4 2 1 9 2 1 1 - 0 0 2 R P R - K . M O R G A N P A R K 0 . 0 0 2 8 0 . 0 6 11 1 1 1 1 1 7 9 8 3 0 6 / 1 6 / 1 1 6 1 I N T E R S T A T E B A T T E R Y S Y S T E 6 2 3 5 2 0 2 S U P P L I E S - S T R E E T S 0 . 0 0 1 0 7 . 0 1 11 1 1 1 1 1 7 9 8 4 0 6 / 1 6 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 1 , 4 1 3 . 4 2 11 1 1 1 1 1 7 9 8 4 0 6 / 1 6 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 1 , 4 8 2 . 5 2 11 1 1 1 1 1 7 9 8 4 0 6 / 1 6 / 1 1 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S I G N S - S T R E E T S 0 . 0 0 5 7 4 . 6 6 TO T A L C H E C K 0 . 0 0 3 , 4 7 0 . 6 0 11 1 1 1 1 1 7 9 8 5 0 6 / 1 6 / 1 1 1 9 9 J E N S E N , P A U L 1 1 1 8 1 0 1 S U R V E Y / 1 2 3 6 9 S A R A G L E N 0 . 0 0 4 5 5 . 0 0 11 1 1 1 1 1 7 9 8 6 0 6 / 1 6 / 1 1 5 0 0 J E S U S A N D R A D E 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 7 9 8 7 0 6 / 1 6 / 1 1 5 0 0 J U N K O S U Z U K I 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 6 8 . 0 0 11 1 1 1 1 1 7 9 8 8 0 6 / 1 6 / 1 1 9 3 1 K A T H L E E N M . C A L L A N 1 1 1 6 1 0 1 I N S T R U C T O R - I N T E G R A T E D 0 . 0 0 9 6 . 0 0 11 1 1 1 1 1 7 9 8 8 0 6 / 1 6 / 1 1 9 3 1 K A T H L E E N M . C A L L A N 1 1 1 6 1 0 1 I N S T R U C T O R - I N T E G R A T E D 0 . 0 0 2 8 . 0 0 TO T A L C H E C K 0 . 0 0 1 2 4 . 0 0 11 1 1 1 1 1 7 9 8 9 0 6 / 1 6 / 1 1 1 8 3 L E X I S N E X I S 1 1 1 4 1 0 3 M T H L Y S V C 0 5 / 1 1 0 . 0 0 1 6 7 . 0 0 32 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 7 / 0 1 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 3 : 4 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 7 9 9 0 0 6 / 1 6 / 1 1 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 8 2 0 1 L E G A L S R V C S / S A 7 5 0 0 . 0 0 5 , 2 4 8 . 3 5 11 1 1 1 1 1 7 9 9 0 0 6 / 1 6 / 1 1 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 8 2 0 1 C L A I M / S E T T L E M N T S A 7 5 0 0 . 0 0 2 , 8 2 0 . 0 0 11 1 1 1 1 1 7 9 9 0 0 6 / 1 6 / 1 1 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 8 2 0 1 C L A I M / S E T T L E M N T S A 7 5 0 0 . 0 0 2 1 6 . 0 0 TO T A L C H E C K 0 . 0 0 8 , 2 8 4 . 3 5 11 1 1 1 1 1 7 9 9 1 0 6 / 1 6 / 1 1 6 6 5 M A R K T H O M A S & C O M P A N Y 4 1 1 9 1 2 1 - 0 0 3 A D A P E D E S T R I A N 0 6 / 1 1 0 . 0 0 8 , 9 6 0 . 0 0 11 1 1 1 1 1 7 9 9 2 0 6 / 1 6 / 1 1 5 0 0 N O R A B A L A B A N I A N 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 5 0 0 . 0 0 11 1 1 1 1 1 7 9 9 3 0 6 / 1 6 / 1 1 1 4 5 O F F I C E D E P O T I N C . 6 2 1 3 1 0 2 C O P Y P A P E R 0 . 0 0 5 5 0 . 4 7 11 1 1 1 1 1 7 9 9 4 0 6 / 1 6 / 1 1 5 0 0 O M O S M I T H 1 1 1 R E F U N D - F A C I L I T Y 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 7 9 9 5 0 6 / 1 6 / 1 1 6 0 O N T R A C 1 1 1 5 1 0 1 D E L I V E R Y C H A R G E S 0 . 0 0 2 9 . 0 0 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P U B L I C L I B R A R Y 0 . 0 0 5 1 2 . 4 4 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S 0 . 0 0 5 6 . 5 9 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 5 , 1 5 6 . 2 0 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 T R A F F I C S I G N A L S 0 . 0 0 9 4 7 . 6 6 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 C I T Y W I D E S T . L I G H T S 0 . 0 0 5 6 5 . 4 7 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 5 6 1 . 1 4 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 V I L L A G E L I G H T I N G 0 . 0 0 2 , 0 3 9 . 9 9 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 2 5 3 0 2 A Z U L E L I G H T I N G 0 . 0 0 1 8 8 . 0 6 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 3 5 3 0 2 S A R A H I L L S L I G H T I N G 0 . 0 0 1 9 9 . 9 6 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 7 . 7 4 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 7 0 . 0 4 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 9 . 4 6 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 4 2 . 7 2 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 2 5 3 0 2 B E L L G R O V E C I R C L E 0 . 0 0 3 2 9 . 0 7 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 4 5 3 0 2 H O R S E S H O E D R L N D S C A P E 0 . 0 0 8 . 8 7 11 1 1 1 1 1 7 9 9 6 0 6 / 1 6 / 1 1 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 5 5 3 0 2 Q U I T O L I G H T I N G 0 . 0 0 8 7 0 . 7 6 TO T A L C H E C K 0 . 0 0 1 1 , 5 7 6 . 1 7 11 1 1 1 1 1 7 9 9 7 0 6 / 1 6 / 1 1 5 0 0 P H I L I P S T O L Z M A N 1 1 1 4 1 0 1 R E F U N D - V A R 0 7 - 0 0 0 3 0 . 0 0 2 , 7 0 0 . 0 0 11 1 1 1 1 1 7 9 9 8 0 6 / 1 6 / 1 1 5 0 0 R A Y F R O E S S 1 1 1 7 1 0 2 S U P P L I E S - T R A I N I N G 0 . 0 0 2 6 . 7 5 11 1 1 1 1 1 7 9 9 9 0 6 / 1 6 / 1 1 4 0 9 R E P U B L I C I T S I N C 1 1 1 5 2 0 1 S T . L G H T O U T A G E S 4 / 1 1 0 . 0 0 1 , 4 2 5 . 0 0 11 1 1 1 1 1 7 9 9 9 0 6 / 1 6 / 1 1 4 0 9 R E P U B L I C I T S I N C 1 1 1 5 2 0 1 S T . L G H T O U T A G E S 3 / 1 1 0 . 0 0 1 , 4 2 5 . 0 0 11 1 1 1 1 1 7 9 9 9 0 6 / 1 6 / 1 1 4 0 9 R E P U B L I C I T S I N C 4 1 1 9 1 1 1 - 0 0 1 T R A F F I C S G N L R P R 3 / 1 1 0 . 0 0 2 , 8 0 1 . 1 7 11 1 1 1 1 1 7 9 9 9 0 6 / 1 6 / 1 1 4 0 9 R E P U B L I C I T S I N C 4 1 1 9 1 1 1 - 0 0 1 R P R - S A R A T O G A / C O X 0 . 0 0 3 4 5 . 5 0 11 1 1 1 1 1 7 9 9 9 0 6 / 1 6 / 1 1 4 0 9 R E P U B L I C I T S I N C 4 1 1 9 1 1 1 - 0 0 1 R P R - P R O S P E C T / M I L L E R 0 . 0 0 1 , 4 0 0 . 7 0 11 1 1 1 1 1 7 9 9 9 0 6 / 1 6 / 1 1 4 0 9 R E P U B L I C I T S I N C 4 1 1 9 1 1 1 - 0 0 1 T R A F F I C S G N L R P R 4 / 1 1 0 . 0 0 1 , 3 7 9 . 5 7 TO T A L C H E C K 0 . 0 0 8 , 7 7 6 . 9 4 11 1 1 1 1 1 8 0 0 0 0 6 / 1 6 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 4 2 8 . 7 8 11 1 1 1 1 1 8 0 0 0 0 6 / 1 6 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 1 1 , 0 1 5 . 6 6 11 1 1 1 1 1 8 0 0 0 0 6 / 1 6 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 2 8 . 9 4 11 1 1 1 1 1 8 0 0 0 0 6 / 1 6 / 1 1 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 M E D I A N S / P A R K W A Y S 0 . 0 0 1 , 1 2 7 . 6 5 TO T A L C H E C K 0 . 0 0 1 2 , 6 0 1 . 0 3 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 3 . 8 0 33 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 7 / 0 1 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 4 3 : 4 3 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 1 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 / 1 2 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 6 8 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 8 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 8 0 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 4 0 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 5 6 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 0 8 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 1 5 8 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 3 4 . 0 0 11 1 1 1 1 1 8 0 0 1 0 6 / 1 6 / 1 1 7 2 9 S A R A T O G A S C H O O L O F D A N C E 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 5 8 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 0 5 3 . 8 0 11 1 1 1 1 1 8 0 0 2 0 6 / 1 6 / 1 1 8 8 4 S T A P L E S C O N T R A C T & C O M M E 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 4 . 6 0 11 1 1 1 1 1 8 0 0 2 0 6 / 1 6 / 1 1 8 8 4 S T A P L E S C O N T R A C T & C O M M E 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 7 . 0 8 11 1 1 1 1 1 8 0 0 2 0 6 / 1 6 / 1 1 8 8 4 S T A P L E S C O N T R A C T & C O M M E 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 8 7 . 1 1 TO T A L C H E C K 0 . 0 0 1 8 8 . 7 9 11 1 1 1 1 1 8 0 0 3 0 6 / 1 6 / 1 1 2 5 3 S T E V E B E N Z I N G A R C H I T E C T 4 1 2 9 2 2 2 - 0 0 5 H A K O N E G A R D E N A D A R A M P 0 . 0 0 2 , 8 1 3 . 7 8 11 1 1 1 1 1 8 0 0 4 0 6 / 1 6 / 1 1 3 0 8 T E S T I N G E N G I N E E R S 4 3 2 9 2 7 4 - 0 0 1 T S T N G / I N S P E C - J O E S T R L 0 . 0 0 1 , 9 7 0 . 0 0 11 1 1 1 1 1 8 0 0 5 0 6 / 1 6 / 1 1 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 M N T H L Y S T S W E E P 0 5 / 1 1 0 . 0 0 7 , 4 8 9 . 0 0 11 1 1 1 1 1 8 0 0 5 0 6 / 1 6 / 1 1 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S W E E P S V C 0 5 / 1 1 0 . 0 0 9 2 2 . 9 2 TO T A L C H E C K 0 . 0 0 8 , 4 1 1 . 9 2 11 1 1 1 1 1 8 0 0 6 0 6 / 1 6 / 1 1 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 R Y U 4 2 7 1 5 9 C O P I E R 6 / 1 1 0 . 0 0 1 5 . 0 0 11 1 1 1 1 1 8 0 0 6 0 6 / 1 6 / 1 1 4 3 9 X E R O X C O R P O R A T I O N 6 2 1 3 1 0 2 R Y U 2 7 2 9 7 1 C O P I E R 6 / 1 1 0 . 0 0 1 5 . 0 0 TO T A L C H E C K 0 . 0 0 3 0 . 0 0 11 1 1 1 1 1 8 0 0 7 0 6 / 1 6 / 1 1 7 2 8 Y O K E , J I M 1 1 1 7 1 0 2 R E I M - P A R K I N G / M A R A C 0 . 0 0 4 0 . 0 0 11 1 1 1 1 1 8 0 0 7 0 6 / 1 6 / 1 1 7 2 8 Y O K E , J I M 1 1 1 7 1 0 2 S U P P L I E S - T R A I N I N G 0 . 0 0 3 0 8 . 7 3 TO T A L C H E C K 0 . 0 0 3 4 8 . 7 3 TO T A L C A S H A C C O U N T 0 . 0 0 1 0 6 , 1 3 3 . 0 7 TO T A L F U N D 0 . 0 0 1 0 6 , 1 3 3 . 0 7 TO T A L R E P O R T 0 . 0 0 1 0 6 , 1 3 3 . 0 7 34 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 6 / 2 3 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 0 0 : 0 1 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 2 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 0 0 8 0 6 / 2 3 / 1 1 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 M T H L Y S V C 0 6 / 1 1 0 . 0 0 1 3 1 . 0 7 11 1 1 1 1 1 8 0 0 9 0 6 / 2 3 / 1 1 6 4 1 B K F E N G I N E E R S 4 1 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 6 2 6 . 8 8 11 1 1 1 1 1 8 0 0 9 0 6 / 2 3 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 1 H W Y 9 P H A S E I I I M P V T S 0 . 0 0 4 , 8 3 8 . 5 2 11 1 1 1 1 1 8 0 0 9 0 6 / 2 3 / 1 1 6 4 1 B K F E N G I N E E R S 4 3 1 9 1 2 2 - 0 0 4 H W Y 9 S A F E T Y I M P V T S 0 . 0 0 1 7 2 . 6 0 TO T A L C H E C K 0 . 0 0 5 , 6 3 8 . 0 0 11 1 1 1 1 1 8 0 1 0 0 6 / 2 3 / 1 1 7 5 6 C A L I F O R N I A S T A T E C O N T R O L 1 1 1 3 1 0 1 R E P O R T F E E 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 8 0 1 1 0 6 / 2 3 / 1 1 1 3 0 C D W G O V E R N M E N T 6 2 2 3 2 0 1 8 P O R T - S W I T C H V I E W 0 . 0 0 3 8 4 . 5 6 11 1 1 1 1 1 8 0 1 1 0 6 / 2 3 / 1 1 1 3 0 C D W G O V E R N M E N T 6 2 2 3 2 0 1 6 F T S T A C K I N G C A B L E 0 . 0 0 2 7 . 3 1 TO T A L C H E C K 0 . 0 0 4 1 1 . 8 7 11 1 1 1 1 1 8 0 1 2 0 6 / 2 3 / 1 1 5 0 0 C H E N P A U L I N G A N D M I Y A B I 1 1 1 4 1 0 1 A R B 1 1 - 0 0 1 3 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 8 0 1 3 0 6 / 2 3 / 1 1 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S E R V I C E S 0 6 / 1 1 0 . 0 0 1 4 , 7 1 9 . 3 1 11 1 1 1 1 1 8 0 1 4 0 6 / 2 3 / 1 1 5 8 9 C P O L T D 6 2 1 3 1 0 2 R P R / P A R T - P R I N T E R 4 2 5 0 0 . 0 0 2 8 5 . 1 0 11 1 1 1 1 1 8 0 1 4 0 6 / 2 3 / 1 1 5 8 9 C P O L T D 6 2 1 3 1 0 2 R P R - P R I N T E R H P 4 2 5 0 0 . 0 0 9 5 . 0 0 11 1 1 1 1 1 8 0 1 4 0 6 / 2 3 / 1 1 5 8 9 C P O L T D 6 2 1 3 1 0 2 R P R - P R I N T E R - H P H 5 S I 0 . 0 0 9 5 . 0 0 TO T A L C H E C K 0 . 0 0 4 7 5 . 1 0 11 1 1 1 1 1 8 0 1 5 0 6 / 2 3 / 1 1 2 9 7 C U B E S O L U T I O N S 1 1 1 2 1 0 1 E R G O N O M I C C H A I R 0 . 0 0 3 3 1 . 1 1 11 1 1 1 1 1 8 0 1 6 0 6 / 2 3 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 5 1 . 3 2 11 1 1 1 1 1 8 0 1 6 0 6 / 2 3 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 4 7 7 . 3 6 11 1 1 1 1 1 8 0 1 6 0 6 / 2 3 / 1 1 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 5 9 . 1 2 TO T A L C H E C K 0 . 0 0 7 8 7 . 8 0 11 1 1 1 1 1 8 0 1 7 0 6 / 2 3 / 1 1 3 5 5 D U R A N & V E N A B L E S , I N C . 4 8 1 R E T E N T I O N H E L D P O # 1 3 2 0 . 0 0 - 2 , 3 3 0 . 2 0 11 1 1 1 1 1 8 0 1 7 0 6 / 2 3 / 1 1 3 5 5 D U R A N & V E N A B L E S , I N C . 4 8 1 9 1 1 1 - 0 0 1 R O L L I N G H I L L S / S H L D R 0 . 0 0 2 3 , 3 0 2 . 0 0 TO T A L C H E C K 0 . 0 0 2 0 , 9 7 1 . 8 0 11 1 1 1 1 1 8 0 1 8 0 6 / 2 3 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 3 0 . 3 0 11 1 1 1 1 1 8 0 1 8 0 6 / 2 3 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 9 7 . 4 0 11 1 1 1 1 1 8 0 1 8 0 6 / 2 3 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 5 2 . 6 0 11 1 1 1 1 1 8 0 1 8 0 6 / 2 3 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 6 3 . 2 0 11 1 1 1 1 1 8 0 1 8 0 6 / 2 3 / 1 1 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 2 2 8 . 9 0 TO T A L C H E C K 0 . 0 0 1 , 0 7 2 . 4 0 11 1 1 1 1 1 8 0 1 9 0 6 / 2 3 / 1 1 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 3 1 R E T E N T I O N H E L D P O # 1 4 7 0 . 0 0 - 1 , 9 2 2 . 0 4 11 1 1 1 1 1 8 0 1 9 0 6 / 2 3 / 1 1 4 5 8 G E O R G E B I A N C H I C O N S T R U C T 4 3 1 9 1 4 2 - 0 0 5 P E D E S T R I A N P A T H W A Y 0 . 0 0 1 9 , 2 2 0 . 3 8 TO T A L C H E C K 0 . 0 0 1 7 , 2 9 8 . 3 4 11 1 1 1 1 1 8 0 2 0 0 6 / 2 3 / 1 1 7 4 2 G I U L I A N I & K U L L , I N C 1 1 1 S U R V E Y O R / M T . E D E N R D 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 8 0 2 0 0 6 / 2 3 / 1 1 7 4 2 G I U L I A N I & K U L L , I N C 1 1 1 S U R V E Y O R / R I E S L I N G C T . 0 . 0 0 1 2 0 . 0 0 11 1 1 1 1 1 8 0 2 0 0 6 / 2 3 / 1 1 7 4 2 G I U L I A N I & K U L L , I N C 1 1 1 S U R V E Y O R / A L T A V I S T A 0 . 0 0 1 2 0 . 0 0 TO T A L C H E C K 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 8 0 2 1 0 6 / 2 3 / 1 1 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M O N T H L Y S V C 0 6 / 1 1 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 8 0 2 2 0 6 / 2 3 / 1 1 4 8 7 H O L L O W A Y , G A R Y L 1 1 1 6 1 0 1 P E T A L U M A T O U R 6 / 1 6 / 1 1 0 . 0 0 2 3 0 . 0 0 35 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 6 / 2 3 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 0 0 : 0 1 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 2 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 0 2 3 0 6 / 2 3 / 1 1 8 8 8 I V E T A H A R V A N C I K 1 1 1 5 1 0 1 R E I M / P R O F L I C R E N E W A L 0 . 0 0 1 2 5 . 0 0 11 1 1 1 1 1 8 0 2 4 0 6 / 2 3 / 1 1 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 2 9 1 . 0 0 11 1 1 1 1 1 8 0 2 4 0 6 / 2 3 / 1 1 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 3 8 4 . 0 0 TO T A L C H E C K 0 . 0 0 6 7 5 . 0 0 11 1 1 1 1 1 8 0 2 5 0 6 / 2 3 / 1 1 5 0 0 J Y O T I G A V A L I 1 1 1 6 1 0 1 R E F U N D - A C T I V I T Y 0 . 0 0 6 9 . 0 0 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 1 5 7 . 5 0 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 1 5 4 . 8 8 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 3 2 5 . 8 0 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 1 1 5 . 2 0 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 1 5 4 . 8 0 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 1 6 8 . 7 5 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 1 3 1 . 2 5 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 5 7 . 7 5 11 1 1 1 1 1 8 0 2 6 0 6 / 2 3 / 1 1 8 3 M U S I C A L M E , I N C 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 5 2 . 5 0 TO T A L C H E C K 0 . 0 0 1 , 3 1 8 . 4 3 11 1 1 1 1 1 8 0 2 7 0 6 / 2 3 / 1 1 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 L A W E N F O R C E M E N T 0 6 / 1 1 0 . 0 0 3 5 4 , 4 2 9 . 0 0 11 1 1 1 1 1 8 0 2 8 0 6 / 2 3 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 1 4 . 8 0 11 1 1 1 1 1 8 0 2 8 0 6 / 2 3 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 8 . 6 3 11 1 1 1 1 1 8 0 2 8 0 6 / 2 3 / 1 1 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 2 . 7 6 TO T A L C H E C K 0 . 0 0 2 9 6 . 1 9 11 1 1 1 1 1 8 0 2 9 0 6 / 2 3 / 1 1 2 9 6 P L A N E T G R A N I T E 1 1 1 6 1 0 1 I N S T R U C T O R - C L I M B I N G 0 . 0 0 4 0 0 . 0 0 11 1 1 1 1 1 8 0 2 9 0 6 / 2 3 / 1 1 2 9 6 P L A N E T G R A N I T E 1 1 1 6 1 0 1 I N S T R U C T O R - C L I M B I N G 0 . 0 0 5 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 9 0 0 . 0 0 11 1 1 1 1 1 8 0 3 0 0 6 / 2 3 / 1 1 9 8 S A R A T O G A C H A M B E R O F C O M M 1 1 1 1 1 0 1 C H A M B E R D I N N E R 6 / 2 8 0 . 0 0 2 4 5 . 0 0 11 1 1 1 1 1 8 0 3 1 0 6 / 2 3 / 1 1 5 0 5 S C F I R E D E P A R T M E N T 1 1 1 6 1 0 1 I N S T R U C T O R - C P R 0 . 0 0 1 7 2 . 0 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C O M D E V 0 . 0 0 1 , 0 3 6 . 8 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - L I T I G A T I O N 0 . 0 0 6 9 1 . 2 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - O F C / C T Y C N C L 0 . 0 0 3 , 1 1 0 . 4 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - R E C R E A T I O N 0 . 0 0 8 6 4 . 0 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C T Y C L R K O F C 0 . 0 0 2 4 9 . 6 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - C I T Y M A N A G E R 0 . 0 0 1 , 2 2 8 . 8 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - M E D M A R I J U A N 0 . 0 0 1 , 3 4 4 . 0 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - W E S T L A W 0 . 0 0 6 8 . 9 5 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - A D M I N S R V C S 0 . 0 0 3 8 . 4 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - N O N D P T F D E X 0 . 0 0 5 0 . 5 5 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - I N N A T S A R A 0 . 0 0 9 6 . 0 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - O R D I N A N C E 0 . 0 0 5 7 . 6 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - Z O N I N G 0 . 0 0 6 3 3 . 6 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - H R 0 . 0 0 5 3 7 . 6 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 G E N L G L - M E D M A R I J U A N A 0 . 0 0 4 2 6 . 3 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 O U T S I D E C O U N S E L 0 . 0 0 2 6 2 . 0 8 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C O D E E N F - D U T T A 0 . 0 0 2 0 2 . 5 0 36 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 6 / 2 3 / 2 0 1 1 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 0 0 : 0 1 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 1 1 0 6 2 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 1 1 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 4 3 2 9 2 7 4 - 0 0 1 C E Q A - D E A N Z A T R A I L 0 . 0 0 2 2 . 2 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 Q U A R R Y A C Q U I S I T I O N 0 . 0 0 2 7 1 . 3 0 11 1 1 1 1 1 8 0 3 2 0 6 / 2 3 / 1 1 1 5 4 S H U T E M I H A L Y & W E I N B E R G E 1 1 1 8 2 0 1 C T Y A T T N - P U B L I C W O R K S 0 . 0 0 3 , 1 6 8 . 0 0 TO T A L C H E C K 0 . 0 0 1 4 , 3 5 9 . 8 8 11 1 1 1 1 1 8 0 3 3 0 6 / 2 3 / 1 1 8 2 6 T H E G R A N D V I E W 1 1 1 6 1 0 1 I N S T R U C T O R - P A I N T I N G 0 . 0 0 1 , 0 1 5 . 0 0 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 1 0 1 C T Y M G R O F F I C E 0 . 0 0 0 . 5 3 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 2 0 1 C T Y C L E R K O F F I C E 0 . 0 0 6 5 . 6 1 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 3 0 1 H R D E P T 0 . 0 0 6 3 . 7 8 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 3 1 0 1 A D M I N I S T R A T I V E D E P T 0 . 0 0 5 9 . 8 3 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 6 2 2 3 2 0 1 I T D E P T 0 . 0 0 5 9 . 8 3 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 2 0 1 C D D - B U I L D I N G 0 . 0 0 7 3 . 6 6 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 1 C D D - D E V E L O P M E N T 0 . 0 0 3 6 . 4 7 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 3 C D D - C O D E C O M P L I A N C E 0 . 0 0 3 6 . 3 4 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 2 0 1 P W - S T R E E T S 0 . 0 0 1 5 1 . 1 1 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 3 0 1 P W - P A R K S 0 . 0 0 2 9 9 . 3 9 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 1 P W - E N G I N E E R I N G 0 . 0 0 7 2 . 6 8 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 2 P W - D E V E N G I N E E R I N G 0 . 0 0 0 . 2 0 11 1 1 1 1 1 8 0 3 4 0 6 / 2 3 / 1 1 3 9 5 V E R I Z O N W I R E L E S S 6 2 4 6 2 0 2 B U I L D I N G M A I N T . D E P T . 0 . 0 0 1 4 5 . 3 6 TO T A L C H E C K 0 . 0 0 1 , 0 6 4 . 7 9 11 1 1 1 1 1 8 0 3 5 0 6 / 2 3 / 1 1 1 9 8 W I T T W E R & P A R K I N , L L P 1 1 1 P R O F S V C A N X 0 9 - 0 0 0 2 0 . 0 0 3 0 1 . 2 0 11 1 1 1 1 1 8 0 3 6 0 6 / 2 3 / 1 1 7 2 8 Y O K E , J I M 1 1 1 7 1 0 2 R E I M / G E N E R A T O R 0 . 0 0 1 , 0 2 7 . 1 1 11 1 1 1 1 1 8 0 3 7 0 6 / 2 3 / 1 1 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 3 2 3 2 0 2 F I R E W A L L 0 . 0 0 3 , 2 2 3 . 1 6 11 1 1 1 1 1 8 0 3 7 0 6 / 2 3 / 1 1 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 F I R E W A L L / 1 Y R S U P P O R T 0 . 0 0 4 9 3 . 9 0 TO T A L C H E C K 0 . 0 0 3 , 7 1 7 . 0 6 TO T A L C A S H A C C O U N T 0 . 0 0 4 4 4 , 2 3 1 . 4 6 TO T A L F U N D 0 . 0 0 4 4 4 , 2 3 1 . 4 6 TO T A L R E P O R T 0 . 0 0 4 4 4 , 2 3 1 . 4 6 37 Attachment A SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Property Tax Levy for Debt Service Payments on the Library General Obligation Bonds RECOMMENDED ACTION The City Council adopt the attached resolution which sets the FY 2011/12 property tax levy rate for the Library General Obligation Bond at $.0088 per $100 of Assessed Valuation to provide for the 2012 debt service assessments. REPORT SUMMARY Background In March 2000, the citizens of Saratoga approved the issuance of City of Saratoga General Obligation Bonds to pay for improvements to the City’s library building. The General Obligation Bonds were issued in May of 2001, and the debt service payments began in February 2002. With the bond approval, property owners are to be assessed an additional property tax levy over thirty years to fund the debt service resulting from the bond issuance. The levy is a component of a property tax bills assessed as a percentage of property tax valuation, the same as school and Water District bonds. The County of Santa Clara requires that local jurisdictions approve and submit an annual tax levy to the County each year to determine the annual assessment rate to charge property owners in order to fund the debt service payments (principal and interest). The tax levy rate adjusts each year due to ongoing increases in property values and the annual debt service payments due on the bonds. Santa Clara County’s Auditor-Controller’s Office does not provide a secured assessed valuation report for the upcoming fiscal year until days before the tax levy rate is due to the County on August 1st, which does not leave enough time for the Council to approve the levy. Therefore, a property tax assessed value estimate from the Assessor’s most recent Secured Property Roll Growth Comparison report is used to prepare the tax rate calculation. Discussion In prior years, the City’s tax levy rate was structured to yield an amount approximately equal to the fiscal year’s debt service, however with rising property tax growth, receipts surpassed debt service payments each year, and the Debt Fund reserves now exceed debt service payment requirements. For the last two years, the property tax levy calculation was structured to provide slightly less than debt service payments to reduce this balance. However, with the potential for fluctuation in the assessment roll, next year’s levy is set to equal the bond’s debt service payments to assure adequate funding. 38 Attachment A There are two debt service payments on the bond each year: principal and interest in August, and interest only in February. The large August payment requires year end fund balance to exceed the bond payment amount. The February interest payment is funded by property tax payments received in January. The bond principal and interest payment due this August 1st is the final payment under the original bond issuance. The City has already collected debt service assessments for this payment. The scheduled August 1st refunding of the City’s General Obligation Bond will reduce debt service assessments over the remaining twenty year term. The refunded bond’s lower total interest cost will generate a savings of approximately $2.67 million over the remaining twenty year term for Saratoga’s property taxpayers. Principal and interest rates are shown on the debt schedule attached to this report. Fiscal Year 2011/12 Calculation The Library bond’s principal and interest requirements for 2012 are shown below: Debt Service – Principal $ 455,000 Debt Service – Interest 436,729 Total Debt Service $ 891,729 The assessor’s roll as of June 30, 2011 lists the City of Saratoga’s assessed valuation under the Current Assessor’s Roll Total as of July 1, 2011 at: $10,158,728,827. The property tax levy is then subsequently determined by dividing the annual recovery amount per $100 of estimated assessed valuation: Property Tax Levy Calculation: Debt Service recovery amount $ 891,729 Divided per $100 of estimated valuation $ 101,587,288 Property Tax Levy Rate: .0088 (rounded to 4 decimals per Assessor) Therefore, it is projected that a property tax levy rate of .0088 per $100 of assessed valuation will fund $891,729 for debt service payment collections in FY 2011/12. On the property tax bill, this assessment is equivalent to $88 per $1,000,000 of assessed valuation. For historical reference, the following schedule displays the City’s adopted annual property tax levy rates since first assessed in FY 2001/02: General Obligation Bond Tax Levy Fiscal Year Rate 2001/02 0.01673 2002/03 0.01650 2003/04 0.01210 2004/05 0.01484 2005/06 0.01170 2006/07 0.00955 2007/08 0.01130 2008/09 0.01040 2009/10 0.00940 2010/11 0.00940 2011/12 0.00880 39 Attachment A FISCAL IMPACT The tax levy funds the annual debt service requirements of the voter approved General Obligation Bond, and tax revenues are included in the City’s operating budget, within the Library Bond Debt Service Fund. A reserve balance is maintained in the Library Bond Fund to provide sufficient funding for the debt service prior to the property tax levy remittance to the City. With the adoption of this property tax levy, the debt service payment is funded with the supplemental tax assessment, and would not impact city operations. ALTERNATIVE ACTION The Council could choose to approve an alternative property tax levy rate, or to not approve a tax levy rate. If the property tax levy is not approved, supplemental funds would not be collected by the Santa Clara County Tax Assessor for the debt service related to the Library General Obligation Bond, and the debt service payments would be funded from City reserves. FOLLOW UP ACTION Direct the City Clerk to send a certified copy of the resolution setting the property tax levy for the Library General Obligation Bond no later than August 1st to: Mu-Hua Cheng County of Santa Clara Controller-Treasurer Department 70 West Hedding Street, East Wing, 2nd Floor San Jose, CA 95110-1705 ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A: General Obligation Bond Debt Service Schedule B. Resolution authorizing the Tax Rate Levy for the General Obligation Bonds and report the levy rate to the Santa Clara County Tax Collector. 40 Jun 30, 2011 3:32 pm Prepared by PFM Group Page 1 BOND DEBT SERVICE City of Saratoga Series 2011 GO Refunding Final Numbers Period EndingPrincipalCouponInterestDebt Service 08/01/2012455,0002.000%436,728.32891,728.32 08/01/2013485,0002.000%407,935.00892,935.00 08/01/2014495,0002.000%398,235.00893,235.00 08/01/2015500,0002.000%388,335.00888,335.00 08/01/2016475,0003.000%378,335.00853,335.00 08/01/2017485,0003.000%364,085.00849,085.00 08/01/2018500,0004.000%349,535.00849,535.00 08/01/2019525,0004.000%329,535.00854,535.00 08/01/2020545,0004.000%308,535.00853,535.00 08/01/2021565,0003.000%286,735.00851,735.00 08/01/2022580,0004.000%269,785.00849,785.00 08/01/2023610,0004.000%246,585.00856,585.00 08/01/2024630,0004.000%222,185.00852,185.00 08/01/2025655,0003.500%196,985.00851,985.00 08/01/2026685,0003.500%174,060.00859,060.00 08/01/2027705,0003.700%150,085.00855,085.00 08/01/2028730,0004.000%124,000.00854,000.00 08/01/2029760,0004.000%94,800.00854,800.00 08/01/2030790,0004.000%64,400.00854,400.00 08/01/2031820,0004.000%32,800.00852,800.00 11,995,0005,223,678.3217,218,678.32 41 Attachment B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE PROPERTY TAX LEVY FOR THE DEBT SERVICE OF THE LIBRARY GENERAL OBLIGATION BOND FOR 2011/12 AT $.0088 PER $100 OF ASSESSED VALUATION WHEREAS, in March 2000, the citizens of Saratoga approved an increase in their property tax rate to pay for the debt service and other expenses of the general obligation bonds for construction of the Library, and WHEREAS, the general obligation bonds were sold on April 24, 2001, and WHERAS, it is necessary for the City Council of the City of Saratoga to establish an annual property tax levy to provide funds for debt service payments and related expenditures due in FY 2011/12. NOW, THEREFORE, BE IT RESOLVED that the 2011/12 Property Tax Levy rate for debt service on the Library General Obligation Bonds be established at $.0088 per $100 of assessed valuation. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6th day of July 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Howard A. Miller, Mayor City of Saratoga ATTEST: ____________________________ Ann Sullivan, City Clerk City of Saratoga 42 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Amendment of Agreement with KSAR RECOMMENDED ACTION: City staff is recommending that the Council approve the Second Amendment to Community Access Cable Television Services Agreement. REPORT SUMMARY: Recently, it was brought to staff’s attention that the Community Access Cable Services Agreement (Attachment “A”) between the City of Saratoga and KSAR expired on June 30, 2011. The Agreement was amended on September 8, 2008, in order to change the Scope of Work and Payment Terms (Attachment “B”). The City Attorney has advised that it is appropriate to approve a Second Amendment in order to extend the current Agreement. At the June 14, 2011 KSAR Board meeting, the Board moved to accept the second amendment proposal. Proposed Revisions: The City is proposing the following revisions to the current Agreement, which are noted in the attached Second Amendment: TERM: The Second Amendment would extend the Agreement through June 30, 2016. Exhibit A – Scope of Work (to be replaced by Exhibit A-1): • Eliminated: 1.b. Live broadcasts of meetings shall terminate at 12:00 midnight. Video recordings shall include the complete meeting regardless of the termination of live broadcast. • Added: 6. Index each Council and Planning Commission meeting that is recorded by KSAR to the City’s Granicus system for web streaming. Exhibit B – Payment (to be replaced by Exhibit B-1): • Amended: 1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION MEETINGS. For the services described in Exhibit A-1, Section 1, 43 Contractor shall be paid $550/meeting for the first two years (June 30, 2011 – June 30, 2013 and $600/meeting June 30, 2014 – June 30, 2016. • Added: 5. GRANICUS INDEXING. The City shall pay contractor a flat fee of $100 per meeting for the work described in Exhibit A-1, paragraph 6 following completion of the indexing for the meeting and a receipt by the City of an invoice from the Contractor. • Eliminated: 8. CPI ADJUSTMENT. The rates in sections 1 and 2, above, shall be adjusted annually on July 1 to reflect changes in the December to December Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (hereinafter “CPI/W”) since the last rate adjustment rounded to the nearest $1.00 increment. FISCAL IMPACTS: These adjusted funds have been appropriated in the FY2011/2012 budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City’s contract with KSAR will remain unchanged. Not transferring the recommended funds would create a deficit expense and the KSAR invoices could not be paid. ALTERNATIVE ACTION: The KSAR Board may suggest revisions to the proposed Second Amendment, which would then be included in a future staff report to the City Council as additional options for their consideration. As an example, the Board could suggest that the term of the Agreement be less than five years, at which point the terms of the Agreement could be reconsidered. FOLLOW UP ACTION: Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: “A”-- Community Access Cable Services Agreement “B” -- First Amendment to Agreement “C” -- Proposed Second Amendment to Agreement 44 COMMUNITYACCESSCABLESERVICESAGREEMENTTHISAGREEMENTismadeatSaratogaCaliforniabyandbetweentheCITYOFSARATOGAamunicipalcorporationCityandSaratogaCommunityAccessCableTVFoundationContractorwhoagreeasfollowsRECITALSWHEREASCityrequirestheservicesofaqualifiedcontractortoprovidetheworkproductdescribedinExhibitAofthisAgreementandWHEREASCitylacksthequalifiedpersonneltoprovidethespecifiedworkproductandWHEREASContractorisdulyqualifiedtoprovidetherequiredworkproductandWHEREASContractorisagreeabletoprovidingsuchworkproductonthetermsandconditionshereinaftersetforthNOWTHEREFOREthepartiesheretoagreeasfollows1RESULTSTOBEACHIEVEDSubjecttothetermsandconditionssetforthinthisAgreementContractorshallprovidetoCitytheworkproductdescribedinExhibitAScopeofWorkContractorisnotauthorizedtoundertakeanyeffortsorincuranycostswhatsoeverunderthetermsofthisAgreementuntilreceiptofafullyexecutedPurchaseOrderfromtheFinanceDepartmentoftheCityofSaratogaexceptinanemergencywhentheCitysEmergencyOperationsCenterhasbeenactivatedbyapprovaloftheCityManagerorAdministrativeServicesDirector2TERMThetermofthisAgreementcommencesonJuly12005andextendsthroughJune302011unlessitisextendedbywrittenmutualagreementbetweenthepartiesprovidedthatthepartiesretaintherighttoterminatethisAgreementasprovidedinExhibitDataltimes3PAYMENTCityshallpayContractorforworkproductproducedpursuanttothisAgreementatthetimeandinthemannersetforthinExhibitBPaymentThepaymentsspecifiedinExhibitBshallbetheonlypaymentstobemadetoContractorinconnectionwithContractorscompletionoftheScopeofWorkpursuanttothisAgreementContractorshallsubmitallbillingstoCityinthemannerspecifiedinExhibitBorifnomannerisspecifiedinExhibitBthenaccordingtotheusualandcustomaryproceduresandpracticeswhichContractorusesforbillingclientssimilartoCity4FACILITIESANDEQUIPMENTExceptassetforthinExhibitCFacilitiesandEquipmentContractorshallatitssolecostandexpensefurnishallfacilitiesandequipmentwhichmayberequiredforcompletingtheScopeofWorkpursuanttothisAgreementCityshallfurnishtoContractoronlythefacilitiesandequipmentlistedinExhibitCaccordingtothetermsandconditionssetforthinExhibitCPage1of17 45 5GENERALPROVISIONSCityandContractoragreetoandshallabidebythegeneralprovisionssetforthinExhibitDGeneralProvisionsIntheeventofanyinconsistencybetweensaidgeneralprovisionsandanyothertermsorconditionsofthisAgreementtheothertermorconditionshallcontrolinsofarasitisinconsistentwiththeGeneralProvisions6EXHIBITSAllexhibitsreferredtointhisAgreementazeattachedheretoandarebythisreferenceincorporatedhereinandmadeapartofthisAgreement7CONTRACTADMINISTRATIONThisAgreementshallbeadministeredonbehalfofCitybytheCityManagerAdministratorTheAdministratorhascompleteauthoritytoreceiveinformationinterpretanddefineCityspoliciesconsistentwiththisAgreementandcommunicatewithContractorconcerningthisAgreementAlcorrespondenceandothercommunicationsshallbedirectedtoorthroughtheAdministratororhisorherdesignee8NOTICESAllnoticesorcommunicationconcerningapartyscompliancewiththetermsofthisAgreementshallbeinwritingandmaybegiveneitherpersonallybycertifiedmailreturnreceiptrequestedorbyovernightexpresscarrierThenoticeshallbedeemedtohavebeengivenandreceivedonthedatedeliveredinpersonorthedateuponwhichthepostalauthorityorovernightexpresscarverindicatesthatthemailingwasdeliveredtotheaddressofthereceivingPartyThePartiesshallmakegoodfaitheffortstoprovideadvancecourtesynoticeofanynoticesorcommunicationshereunderviaemailorfaxHoweverundernocircumstancesshallsuchcourtesynoticesatisfythenoticerequirementssetforthabovenorshalllackofsuchcourtesynoticeaffectthevalidityofservicepursuanttothenoticerequirementsetforthaboveAnyPartyheretobygivingten10dayswrittennoticetotheothermaydesignateanyotheraddressassubstitutionoftheaddresstowhichthenoticeorcommunicationshallbegivenNoticesorcommunicationsshallbegiventothePartiesattheaddressessetforthbelowuntilspecifiedotherwiseinwritingNoticestoContractorshallbesenttoSaratogaCommunityAccessTelevisionFoundationWestValleyCollegeTVStudio14000FruitvaleAvenueSaratogaCA95070AttnCommunityAccessDirectorNoticestoCityshallbesenttoCityManagerCityofSazatoga13777FruitvaleAvenueSaratogaCA95070Page2of17 46 WithacopywhichcopyshallnotconstitutenoticetoCityClerkCityofSaratoga13777FruitvaleAvenueSaratogaCA950709ENTIREAGREEMENTThisAgreementsupersedesanyandallagreementseitheroralorwrittenbetweenthepartiesheretowithrespecttoContractorscompletionoftheScopeofWorkonbehalfofCityandcontainsallofthecovenantsandagreementsbetweenthepartieswithrespecttotherenderingofsuchservicesinanymannerwhatsoeverSpecificallyandwithoutlimitingthegeneralityoftheforegoingthisAgreementsupersedestheJuly11988AgreementConcerningPaymentofCATVFranchiseFeesandanysubsequentamendmentstothatagreementEachpartytothisAgreementacknowledgesthatnorepresentationsinducementspromisesoragreementsorallyorotherwisehavebeenmadebyanypartyoranyoneactingonbehalfofanypartywhicharenotembodiedhereinandthatnootheragreementstatementorpromisenotcontainedinthisAgreementshallbevalidorbindingNoamendmentalterationorvariationofthetermsofthisAgreementshallbevalidunlessmadeinwritingandsignedbythepartiesheretoINWITNESSWHEREOFthepartiesheretohaveexecutedthisAgreementCONTRACTORBYiwDatetoPrintNameFoGLowPositionOechyTcJcvlfeCITYOFSARATOGAamupnicipalcorporationBYDateZTLuo6NametcisTitleCtilZiAPPROVEDASTOFORMByDate1CCityAttorneyPage3of17 47 APPROVEDASTOBUDGETAUTHORITYANDINSURANCE3ByDate1AdministrativeServicesDirectorAttachmentsExhibitAScopeofWorkExhibitBContractPaymentandReportingScheduleExhibitCFacilitiesandEquipmentExhibitDGeneralProvisionsExhibitEInsuranceRequirementsPage4of17 48 EXHIBITASCOPEOFWORKContractorshallcompletethefollowingScopeofWorkArrangeforandprovideliveandtapedelayedbroadcastsandcreatevideorecordingsofregularCityCouncilandPlanningCommissionmeetingsheldintheCivicTheaterSpecificallyaItisunderstoodthatregularCityCouncilmeetingsareheldonthefirstandthirdWednesdaysofeachmonthandregularPlanningCommissionmeetingsareheldonthesecondandfourthWednesdaysofeachmonthbLivebroadcastsofmeetingsshallterminateat1200midnightVideorecordingsshallincludethecompletemeetingregardlessoftheterminationoflivebroadcastcOnevideocopyofeachmeetingshallbeprovidedtotheCityManagerorhisherdesigneebythecloseofthebusinessdayfollowingthemeetingandonecopytotheSaratogaLibrarydEachregularmeetingforwhichavideorecordingiscreatedshallbebroadcastonatimedelayedbasisatleastonceduringthe7dayperiodfollowingthemeetingeTheCityCouncilorPlanningCommissionmayonoccasionholdregularmeetingsatalocationotherthantheCivicTheaterinwhichcasenobroadcastorrecordingservicesshallbeprovidedpursuanttothisparagraph2ProvideandorarrangeforthepropermaintenanceoftheContractorsequipmentattheCityHallinstallation3MinormaintenancerepairandadjustmentoftheCitysequipmentwillbeperformedbyContractorasstaffisavailable4ProvidelivebroadcastsandorvideorecordingservicesofspecialmeetingsoftheCityCouncilorPlanningCommissionorofotherciviceventsuponrequestofCitywhenContractorstaffisavailableListuptoareasonablenumberofitemsrequestedbyCityatanygiventimeontheCommunityServiceBoardPage5of17 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EXHIBITBPAYMENTPartLServicesBetweenJuly12005andJune302006AscompensationforallservicesprovidedpursuanttothisAgreementbetweenJuly12005andJune302006Contractorshallbepaidtwentypercent20oftheCATVFranchiseFeepaidbytheCityscablecommunicationssystemfranchiseepursuanttosection425070oftheCityCodeduringthatperiodPartIIServicesAfterJune302006CompensationforservicesprovidedafterJune302006shallbecompensatedasspecifiedinthesevenparagraphsthatfollowBROADCASTOFREGULARCITYCOUNCILANDPLANNINGCOMMISSIONMEETINGSFortheservicesdescribedinExhibitAsection1Contractorshallbepaid500meeting2MAINTENANCEANDREPAIRFortheservicesdescribedinExhibitAsections2and3Contractorshallbepaidinaccordancewiththefollowingrateschedule10000perhourCityshallreimburseContractorfortheactualcostofallpartspurchasedbyContractorinthecourseofprovidingmaintenanceservicesReimbursementforcostsofoutsideengineeringorservicepersonnelshallnotexceedamountsauthorizedbytheCitypriortosaidworkbeingperformed3SPECIALEVENTBROADCASTSRECORDINGFortheservicesdescribedinExhibitAsection4Contractorshallbepaidinaccordancewiththerateschedulesetforthinsection2aboveandfortheactualcostofanyreimbursableexpensesauthorizedbyCityinconnectionwiththespecialevent4COMMUNITYSERVICEBOARDFortheservicesdescribedinExhibitAsection5Contractorshallbepaid000permonth5TOTALCOMPENSATIONTotalcompensationpursuanttothisAgreementincludingcompensationforreimbursableexpensesinanyfiscalyearshallnotexceedtheamountspecifiedintheCityofSaratogabudgetforservicespursuanttothisAgreementinthatyear6INVOICESContractorshallsubmitinvoicesnotmoreoftenthanonceeachmonthduringthetermofthisAgreementbasedonthecostforworkperformedandreimbursableexpensesincurredpriortotheinvoicedateInvoicesshallcontainthefollowinginformationaSerialidentificationsofbillsieBillNo1bThebeginningandendingdatesofthebillingperiodcAsummarycontainingtheamountofpriorbillingsandthetotalduethisperiodPage6of17 50 MONTHLYPAYMENTSCityshallmakepaymentsbasedonsuchinvoicesforsatisfactoryprogressincompletionoftheScopeofWorkandforauthorizedreimbursableexpensesincurredPaymentsshallbemadenolaterthan30daysfollowingtheCitysreceiptoftheinvoice8CPIADJUSTMENTTheratesinsections1and2aboveshallbeadjustedannuallyonJuly1toreflectchangesintheDecembertoDecemberConsumerPriceIndexforSanFranciscoOaklandSanJosefortheUrbanWageEarnershereinafterCPUWsincethelastrateadjustmentroundedtothenearest100incrementPage7of17 51 EXHIBITCFACILITIESANDEQUIPMENTCityhasprovideditsCivicTheatertobeequippedwithvideoandaudioequipmentforthepurposeofprovidinglivebroadcastofCityCouncilandPlanningCommissionmeetingsThisequipmentislistedbelowContractormayusethisequipmentinconnectionwithbroadcastingandrecordingeventsintheCivicTheaterAllotherequipmentrequiredbyContractorshallbeprovidedbyContractorunlessotherwisespecifiedinthisagreementCitywillprovideappropriateroomforbroadcastvideoequipmentandcrewsoundlightandmaintenanceofenvironmentContractorshallnotusesuchservicespremisesfacilitiessuppliesorequipmentforanypurposeotherthanintheperformanceofContractorsobligationsunderthisAgreementCityshallnotuseContractorsequipmentTYPEMAKEMODELSNMONITORNECPM1271A84604759TVMONITORPANASONICCTN13569MB20310254POWERCGVIDEONICSSCRIPT003857NMONITORPANASONICCT1388VYDL688180318CDTECHNICSSLPD687FGSBC15878MONITORSONYPVM14L22003372MONITORSONYPVM14L22003372RGBMONITORNECAS75F1802304YECONTROLLERAMXNETLINXWAVEFORMVECTORMAGNIMM410RADIOTECHSVHSX2JVCHR57600DU145E1456VHSX2PANASONICAG2550SWITCHERJVCCOMPRESSORLIMITERDBX160AAMPRDLSTA2POWERSUPPLYRDLPS24APANTILTPOSITRACKAMXCAMERAX3SONYDXC390MONITORPANASONICWV5203BScanConvertorExtronVSC7006047701DVDPlayerTOSHIBADVDPlayerTOSHIBAPage8of17 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EXHIBITDGENERALPROVISIONS1INDEPENDENTCONTRACTORAtalltimesduringthetermofthisAgreementContractorshallbeanindependentcontractorandshallnotbeanemployeeofCityContractorshallcompletetheScopeofWorkhereunderinaccordancewithcurrentlyapprovedmethodsandpracticesinContractorsfieldCityshallhavetherighttocontrolContractoronlywithrespecttospecifyingtheresultstobeobtainedfromContractorpursuanttothisAgreementCityshallnothavetherighttocontrolthemeansbywhichContractoraccomplishesservicesrenderedpursuanttothisAgreementLikewisenorelationshipofemployerandemployeeiscreatedbythisAgreementbetweentheCityandContractororanysubcontractororemployeeofContractorNothingcontainedinthisAgreementshallbeconstruedaslimitingtherightofContractortoengageinContractorsprofessionseparateandapartfromthisAgreementsolongassuchactivitiesdonotinterfereorconflictwiththeperformancebyContractoroftheobligationssetforthinthisAgreementInterferenceorconflictwillbedeterminedatthesolediscretionoftheCity2STANDARDOFPERFORMANCEContractorshallcompletetheScopeofWorkrequiredpursuanttothisAgreementinthemannerandaccordingtothestandardsobservedbyacompetentpractitioneroftheprofessioninwhichContractorisengagedinthegeographicalareainwhichContractorpracticesitsprofessionAllworkproductofwhatsoevernaturewhichContractordeliverstoCitypursuanttothisAgreementshallbepreparedinasubstantialfirstclassandworkmanlikemannerandconformtothestandardsofqualitynormallyobservedbyapersonpracticinginContractorsprofession3TIMEContractorshalldevotesuchtimetotheScopeofWorkpursuanttothisAgreementasmaybereasonablynecessaryforsatisfactoryperformanceofContractorsobligationspursuanttothisAgreement4CONTRACTORNOAGENTExceptasCitymayspecifyinwritingContractorshallhavenoauthorityexpressorimpliedtoactonbehalfofCityinanycapacitywhatsoeverasanagentContractorshallhavenoauthorityexpressorimpliedpursuanttothisAgreementtobindCitytoanyobligationwhatsoever5BENEFITSANDTAXESContractorshallnothaveanyclaimunderthisAgreementorotherwiseagainstCityforseniorityvacationtimevacationpaysickleavepersonaltimeoffovertimehealthinsurancemedicalcarehospitalcareinsurancebenefitssocialsecuritydisabilityunemploymentworkerscompensationoremployeebenefitsofanykindContractorshallbesolelyliableforandobligatedtopaydirectlyallapplicabletaxesincludingbutnotlimitedtofederalandstateincometaxesandinconnectiontherewithContractorshallindemnifyandholdCityharmlessfromanyandallliabilitythatCitymayincurbecauseofContractorsfailuretopaysuchtaxesCityshallhavenoobligationwhatsoevertopayorwithholdanytaxesonbehalfofContractor6ASSIGNMENTPROHIBITEDNopartytothisAgreementmayassignanyrightorobligationpursuanttothisAgreementAnyattemptedorpurportedassignmentofanyrightorobligationpursuanttothisAgreementshallbevoidandofnoeffectHoweverPage9of17 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withtheconsentoftheCitygiveninwritingContractorisentitledtosubcontractsuchportionsoftheworktobeperformedunderthisAgreementasmaybespecifiedbyCity7PERSONNELaQualiflicationsContractorshallassignonlycompetentpersonneltocompletetheScopeofWorkpursuanttothisAgreementbEmploymentEligibilityContractorshallensurethatallemployeesofContractorandanysubcontractorretainedbyContractorinconnectionwiththisAgreementhaveprovidedthenecessarydocumentationtoestablishidentityandemploymenteligibilityasrequiredbytheImmigrationReformandControlActof1986FailuretoprovidethenecessarydocumentationwillresultintheterminationoftheAgreementasrequiredbytheImmigrationReformandControlActof19868CONFLICTOFINTERESTaInGeneralContractorrepresentsandwarrantsthattothebestoftheContractorsknowledgeandbelieftherearenorelevantfactsorcircumstanceswhichcouldgiverisetoaconflictofinterestonthepartofContractororthattheContractorhasalreadydisclosedallsuchrelevantinformationbSubsequentConflictofInterestContractoragreesthatifanactualorpotentialconflictofinterestonthepartofContractorisdiscoveredafterawardtheContractorwillmakeafulldisclosureinwritingtotheCityThisdisclosureshallincludeadescriptionofactionswhichtheContractorhastakenorproposestotakeafterconsultationwiththeCitytoavoidmitigateorneutralizetheactualorpotentialconflictWithin45daystheContractorshallhavetakenallnecessarystepstoavoidmitigateorneutralizetheconflictofinteresttothesatisfactionoftheCityInterestsofCityOfficersandStaffNoofficermemberoremployeeofCityandnomemberoftheCityCouncilshallhaveanypecuniaryinterestdirectorindirectinthisAgreementortheproceedsthereofNeitherContractornoranymemberofanyContractorsfamilyshallserveonanyCityboardorcommitteeorholdanysuchpositionwhicheitherbyrulepracticeoractionnominatesrecommendsorsupervisesContractorsoperationsorauthorizesfundingtoContractor9COMPLIANCEWITHLAWSaInGeneralContractorshallobserveandcomplywithalllawspoliciesgeneralrulesandregulationsestablishedbyCityandshallcomplywiththecommonlawandalllawsordinancescodesandregulationsofgovernmentalagenciesincludingfederalstatemunicipalandlocalgoverningbodiesapplicabletotheperformanceoftheScopeofWorkhereunderincludingbutnotlimitedtoallprovisionsoftheOccupationalSafetyandHealthActof1979asamendedPage10of17 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bLicensesandPermitsContractorrepresentsandwarrantstoCitythatithasalllicensespermitsqualificationsandapprovalsofwhatsoevernaturewhichazelegallyrequiredforContractortopracticeitsprofessionContractorrepresentsandwarrantstoCitythatContractorshallatitssolecostandexpensekeepineffectatalltimesduringthetermofthisAgreementanylicensespermitsandapprovalswhicharelegallyrequiredforContractortopracticeitsprofessionInadditiontotheforegoingContractorshallobtainandmaintainduringthetermhereofavalidCityofSaratogaBusinessLicensecFundingAgencyRequirementsTotheextentthatthisAgreementmaybefundedbyFiscalassistancefromanotherentityContractorshallcomplywithallapplicablerulesandregulationstowhichCityisboundbythetermsofsuchfiscalassistanceprogramdDrugfreeWorkplaceContractorandContractorsemployeesandsubcontractorsshallcomplywiththeCityspolicyofmaintainingadrugfreeworkplaceNeitherContractornorContractorsemployeesandsubcontractorsshallunlawfullymanufacturedistributedispensepossessorusecontrolledsubstancesasdefinedin21USCodeSection812includingmarijuanaheroincocaineandamphetaminesatanyfacilitypremisesorworksiteusedinanymannerinconnectionwithperformingservicespursuanttothisAgreementIfContractororanyemployeeorsubcontractorofContractorisconvictedorpleadspolocontenderetoacriminaldrugstatuteviolationoccumngatsuchafacilitypremisesorworksitetheContractorwithinfivedaysthereaftershallnotifytheCityeDiscriminationProhibitedContractorassuresandagreesthatContractorwillcomplywithTitleVIIoftheCivilRightsActof1964andotherlawsprohibitingdiscriminationandthatnopersonshallonthegroundsofracecreedcolordisabilitysexsexualorientationnationaloriginagereligionVietnameraveteransstatuspoliticalaffiliationoranyothernonmeritfactorsbeexcludedfromparticipatinginbedeniedthebenefitsoforbeotherwisesubjectedtodiscriminationunderthisAgreement10DOCUMENTSANDRECORDSaPropertyofCityReportsdatamapsmodelschartsstudiessurveysphotographsmemorandaorotherwrittendocumentsormaterialspreparedbyContractorpursuanttothisAgreementshallbecomethepropertyofCityuponcompletionoftheworktobeperformedhereunderoruponterminationofthisAgreementbRetentionofRecordsUntiltheexpirationoffiveyearsafterthefurnishingofanyservicespursuanttothisAgreementContractorshallretainandmakeavailabletotheCityoranypartydesignatedbytheCityuponwrittenrequestbyPage11of17 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CitythisAgreementandsuchbooksdocumentsandrecordsofContractorandanybooksdocumentsandrecordsofanysubcontractorsthatarenecessaryorconvenientforauditpurposestocertifythenatureandextentofthereasonablecostofservicestoCity11CONFIDENTIALINFORMATIONContractorshallholdanyconfidentialinformationreceivedfromCityinthecourseofperformingthisAgreementintrustandconfidenceandwillnotrevealsuchconfidentialinformationtoanypersonorentityeitherduringthetermoftheAgreementoratanytimethereafterUponexpirationofthisAgreementorterminationasprovidedhereinContractorshallreturnmaterialswhichcontainanyconfidentialinformationtoCityContractormaykeeponecopyforitsconfidentialfileForpurposesofthisparagraphconfidentialinformationisdefinedasallinformationdisclosedtoContractorwhichrelatestoCityspastpresentandfutureactivitiesaswellasactivitiesunderthisAgreementwhichinformationisnototherwiseofpublicrecordunderCalifornialaw12RESPONSIBILITYOFCONTRACTORContractorshalltakeallresponsibilityfortheworkshallbearalllossesanddamagesdirectlyorindirectlyresultingtoContractorortoanysubcontractoronaccountoftheperformanceorcharacteroftheworkorothercircumstancesincludingunforeseendifficultiesaccidentsoccurrencesorothercausesexcepttotheextentthatContractorisindemnifiedbyCitypursuanttosection13below13INDEMNIFICATIONaCityLiabilityNeitherContractornoranyofficeroremployeethereofshallberesponsibleforanydamageorliabilityoccurringbyreasonofanythingdoneoromittedtobedonebyCityunderorinconnectionwithanyactionorinactionofCityinconnectionwithitsperformanceofitsobligationsunderthisAgreementCityshallfullydefendindemnifyandsaveharmlessContractorfromallsuitsoractionsofeverynamekindanddescriptionbroughtonfororonaccountofinjuryoccurringbyreasonofanythingdoneoromittedtobedonebyCityinperformingitsobligationsunderthisAgreementbContractorLiabilityNeitherCitynoranyofficeroremployeethereofshallberesponsibleforanydamageorliabilityoccurringbyreasonofanythingdoneoromittedtobedonebyContractorunderorinconnectionwithanyactionorinactionofContractorinconnectionwithitsperformanceofitsobligationsunderthisAgreementContractorshallfullydefendindemnifyandsaveharmlessCityfromallsuitsoractionsofeverynamekindanddescriptionbroughtonfororonaccountofinjuryoccurringbyreasonofanythingdoneoromittedtobedonebyContractorinperformingitsobligationsunderthisAgreement14INSURANCEREQUIREMENTSContractorshallprocureandmaintainforthedurationofthecontractinsuranceassetforthinExhibitE15DEFAULTANDREMEDIESaEventsofdefaultEachofthefollowingshallconstituteaneventofdefaulthereunderPage12of17 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1FailuretoperformanyobligationunderthisAgreementandfailuretocuresuchbreachimmediatelyuponreceivingnoticeofsuchbreachifthebreachissuchthattheCitydeterminesthehealthwelfareorsafetyofthepublicisimmediatelyendangeredor2FailuretoperformanyobligationunderthisAgreementandfailuretocuresuchbreachwithinfifteen15daysofreceivingnoticeofsuchbreachifthebreachissuchthattheCitydeterminesthatthehealthwelfareorsafetyofthepublicisnotimmediatelyendangeredprovidedthatifthenatureofthebreachissuchthattheCitydeterminesitwillreasonablyrequiremorethanfifteen15daystocureContractorshallnotbeindefaultifContractorpromptlycommencesthecureanddiligentlyproceedstocompletionofthecurebRemediesupondefaultUponanyContractordefaultCityshallhavetherighttoimmediatelysuspendorterminatetheAgreementseekspecificperformancecontractwithanotherpartytoperformthisAgreementandorseekdamagesincludingincidentalconsequentialandorspecialdamagestothefullextentallowedbylawNoWaiverFailurebyCitytoseekanyremedyforanydefaulthereundershallnotconstituteawaiverofanyotherrightshereunderoranyrighttoseekanyremedyforanysubsequentdefault16TERMINATIONEitherpartymayterminatethisAgreementwithorwithoutcausebyproviding60daysnoticeinwritingtotheotherpartyEitherpartymayterminatethisAgreementatanytimewithoutpriornoticeintheeventthattheotherpartycommitsamaterialbreachofthetermsofthisAgreementUponterminationthisAgreementshallbecomeofnofurtherforceoreffectwhatsoeverandeachofthepartiesheretoshallberelievedanddischargedherefromsubjecttopaymentforacceptableservicesrenderedpriortotheexpirationofthenoticeoftenninationNotwithstandingtheforegoingtheprovisionsofthisAgreementconcerningretentionofrecordsCitysrightstomaterialproducedconfidentialinformationcontractorsresponsibilityindemnificationinsurancedisputeresolutionlitigationandjurisdictionandseverabilityshallsurviveterminationofthisAgreement17DISPUTERESOLUTIONThepartiesshallmakeagoodfaithefforttosettleanydisputeorclaimarisingunderthisAgreementIfthepartiesfailtoresolvesuchdisputesorclaimstheyshallsubmitthemtomediationinCaliforniaatsharedexpenseofthepartiesforatleast8hoursofmediationIfmediationdoesnotarriveatasatisfactoryresultarbitrationifagreedtobyallpartiesorlitigationmaybepursuedIntheeventanydisputeresolutionprocessesareinvolvedeachpartyshallbearitsowncostsandattorneysfees18LITIGATIONIfanylitigationiscommencedbetweenpartiestothisAgreementconcerninganyprovisionhereofortherightsanddutiesofanypersoninrelationtheretoeachpartyshallbearitsownattorneysfeesandcosts19JURISDICTIONANDSEVERABILITYThisAgreementshallbeadministeredandPage13of17 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interpretedunderthelawsoftheStateofCaliforniaJurisdictionoflitigationarisingfromthisAgreementshallbeinthatstateandvenueshallbeinSantaClaraCountyCaliforniaIfanypartofthisAgreementisfoundtoconflictwithapplicablelawssuchpartshallbeinoperativenullandvoidinsofarasitconflictswithsaidlawsbuttheremainderofthisAgreementshallbeinfullforceandeffect20NOTICEOFNONRENEWALContractorunderstandsandagreesthatthereisnorepresentationimplicationorunderstandingthattheCitywillrequestthatworkproductprovidedbyContractorunderthisAgreementbesupplementedorcontinuedbyContractorunderanewagreementfollowingexpirationorterminationofthisAgreementContractorwaivesallrightsorclaimstonoticeorhearingrespectinganyfailurebyCitytocontinuetorequestorretainalloranyportionoftheworkproductfromContractorfollowingtheexpirationorterminationofthisAgreement21PARTIESININTERESTThisAgreementisenteredonlyforthebenefitofthepartiesexecutingthisAgreementandnotforthebenefitofanyotherindividualentityorperson22WAIVERNeithertheacceptanceofworkorpaymentforworkpursuanttothisAgreementshallconstituteawaiverofanyrightsorobligationsarisingunderthisAgreementThefailurebytheCitytoenforceanyofContractorsobligationsortoexerciseCitysrightsshallinnoeventbedeemedawaiveroftherighttodosothereafterThefailurebytheContractortoenforceanyoftheCitysobligationsortoexerciseContractorsrightsshallinnoeventbedeemedawaiveroftherighttodosothereafterPage14of17 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EXHIBITEINSURANCEPleaserefertotheinsurancerequirementslistedbelowThosewhichhaveanXindicatedinthespacebeforetherequirementapplytoContractorsAgreementignoreanynotcheckedContractorshallprovideitsinsurancebrokersagentswithacopyoftheserequirementsandrequestthattheyprovideCertificatesofInsurancecompletewithcopiesofallrequiredendorsementstoAdministrativeServicesOfficerCityofSazatoga13777FruitvaleAvenueSazatogaCA95070ContractorshallfurnishCitywithcopiesoforiginalendorsementsaffectingcoveragerequiredbythisExhibitETheendorsementsazetobesignedbyapersonauthorizedbythatinsurertobindcoverageonitsbehalfAllendorsementsandcertificatesaretobereceivedandapprovedbyCitybeforeworkcommencesCityhastherighttorequireContractorsinsurertoprovidecompletecertifiedcopiesofallrequiredinsurancepoliciesincludingendorsementsaffectingthecoveragerequiredbythesespecificationsXCommercialGeneralBusinessLiabilityInsurancewithcoverageasindicatedX1000000peroccurrence2000000aggregatelimitsforbodilyinjuryandpropertydamageperoccurrencebodilyinjuryperoccurrencepropertydamageCoverageforXCUhazardsMUSTbeevidencedontheCertificateofInsuranceIfthestandardISOFormwordingforOTHERINSURANCEorothercompazablewordingisnotcontainedinContractorsliabilityinsurancepolicyanendorsementmustbeprovidedthatsaidinsurancewillbeprimaryinsuranceandanyinsuranceorselfinsurancemaintainedbyCityitsofficersemployeesagentsorvolunteersshallbeinexcessofContractorsinsuranceandshallnotcontributetoitXAutoLiabilityInsurancewithcoverageasindicatedX1000000combinedsinglelimitforbodilyinjuryandpropertydamageperpersonperaccidentforbodilyinjuryperoccurrenceforpropertydamage500000combinedsinglelimitforbodilyinjuryandpropertydamageGaragekeepersextraliabilityendorsementtoextendcoveragetoallvehiclesinthecarecustodyandcontrolofthecontractorregardlessofwherethevehiclesarekeptordrivenProfessionalErrorsandOmissionsLiabilitywithcoverageasindicated1000000perloss2000000aggregatePageISof17 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5000000perloss5000000aggregateContractormustmaintainProfessionaUErrorsOmissionsLiabilitycoverageforaperiodofthreeyearsaftertheexpirationofthisAgreementContractormaysatisfythisrequirementbyrenewalofexistingcoverageorpurchaseofeitherprioractsortailcoverageapplicabletosaidthreeyearperiodXWorkersCompensationInsuranceIncludingminimum1000000EmployersLiabilityTheEmployersLiabilitypolicyshallbeendorsedtowaiveanyrightofsubrogationasrespectstheCityitsemployeesoragentsTheContractormakesthefollowingcertificationrequiredbysection1861oftheCaliforniaLaborCodeIamawareoftheprovisionsofSection3700oftheLaborCodewhichrequireeveryemployertobeinsuredagainstliabilityforworkerscompensationortoundertakeselfinsuranceinaccordancewiththeprovisionsofthatcodeandIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthiscontractXAdditionalInsuredEndorsementsforCommercialGeneralBusinessLiabilitycoveragenamingtheCityofSaratogaitsofficersemployeesandagentsasadditionalinsuredNOTEadditionalinsuredlanguageontheCertificateofInsuranceisNOTacceptablewithoutaseparateendorsementsuchasFormCG2010XTheCertificateofInsuranceMUSTprovide30daysnoticeofcancellation10daysnoticefornonpaymentofpremiumNOTEthefollowingwordsmustbecrossedoutordeletedfromthestandardcancellationclauseendeavortoANDbutfailuretomailsuchnoticeshallimposenoobligationorliabilityofanykinduponthecompanyitsagentsorrepresentativesAllsubcontractorsusedmustcomplywiththeaboverequirementsexceptasnotedbelowAstoallofthecheckedinsurancerequirementsabovethefollowingshallapplyPage16of17 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aDeductiblesandSelfInsuredRetentionsAnydeductiblesorselfinsuredretentionsmustbedeclaredtoandapprovedbytheCityAttheoptionoftheCityeither1theinsurershallreduceoreliminatesuchdeductiblesorselfinsuredretentionsasrespectstheCityitsofficersofficialsandemployeesor2theContractorshallprocureabondguaranteeingpaymentoflossesandrelatedinvestigationsclaimadministrationanddefenseexpensesCityasAdditionalInsuredTheCityitsofficersofficialsemployeesandvolunteersaretobecoveredasinsuredsasrespectsliabilityarisingoutofactivitiesperformedbyoronbehalfoftheContractorproductsandcompletedoperationsoftheContractorpremisesownedoccupiedorusedbytheContractororautomobilesownedleasedhiredorborrowedbytheContractorThecoverageshallcontainnospeciallimitationsonthescopeoftheprotectionaffordedtotheCityitsofficersofficialsemployeesorvolunteerscOtherInsuranceProvisionsThepoliciesaretocontainorbeendorsedtocontainthefollowingprovisionsAnyfailuretocomplywithreportingprovisionsofthepoliciesshallnotaffectcoverageprovidedtotheCityitsofficersofficialsemployeesorvolunteers2TheContractorsinsuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbroughtexceptwithrespecttothelimitsoftheinsurersliabilityCoverageshallnotbesuspendedvoidedcanceledbyeitherpartyreducedincoverageorinlimitsexceptafterthirty30dayspriorwrittennoticebycertifiedmailreturnreceiptrequestedhasbeengiventotheCitydAcceptabilityofInsurersInsuranceistobeplacedwithinsurerswithaBestsratingofnolessthanAVIIIfyouhaveanygeneralquestionspleasecallMicheleBrauchtAdministrativeServicesDirectorat4088681221Page17of17 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acoRVCETIFIPRODUCERJohn0BronsonCoINSURED3636AmericanRiverDr200SacramentoCA95864SaratogaCommunityAccessCableTelevisionFoundation14000FruitvaleAvenueSaratogaCA95070DATEIMMDDYYI823059169747800THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDERTHISCERTIFICATEDOESNOTAMENDEXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOWCOMPANYqHartfordPropertyCasualtyCOMPANYeCOMPANYCCOMPANYDIISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATEDNOTWITHSTANDINGANYREQUIREMENTTERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATENiAYBEISSUEDORtiAYPERTAINTHEINSURANCEAFFORDEDBY1HEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMSEXCLUSIONSANDCONDITIONSOFSUCHPOLICIESLIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMSCOTYPEOFINSURANCEPOUCYNUMBERPOUCYEFFECTIVEPOUCYEXPIRATIONLTRGATEIMMDDYYIDATEIMMDDYYILIMITSAGENERALUABIUTY57SBAKZ49354010540106GENERALAGGREGATE52000000XCOMMERCIALGENERALLIABILITYPRODUCTSCOMPOPAGG92000000CLAIMSMADEOCCURPERSONALbADVINJURY9OWNERSbCONTRACTORSPROTEACHOCCURRENCE51000000FIREDAMAGEIAOyonetirel9300000MEDEPIAnyoneperson910000AAUTOMOBILEUABILITY57SBAKZ49354010540106ANYAUTOCOMBINEDSINGLELIMIT91000000IIALLOWNEDAUTOSIIiiPmpersonjURY9SCHEDULEDAUTOSHIREDAUTOSBODILYINJURY9XNONOWNEDAUTOSiIPeracctlentlIPROPERTYDAMAGE5GARAGEUABIUTYAUTOONLYEAACCIDENT5ANYAVTOOTHERTHANAUTOONLYEACHACCIDENT9AGGREGATE5ECESSUABIUTYEACHOCCURRENCE5UMBREll4FORMAGGREGATE5OTHERTHANUMBRELLAFORM9WORKERBCOMPENSATIONANDWCSTATUOTHEMPLOYERSUABILITYTRYIMITRELEACHACCIDENT9THEPROPRIETORINCLPARTNERSEXECUTIVEELDISEASEPOLICYLIMIT9OFFICERSAREEXCLELDISEASEEAEMPLOYEE9iOTHEREVIDENCEOFINSURANCECERTHOLDERITSOFFICERSANDEMPLOYEESAREADDITIONALINSUREDPERSS0008401Ipg151610DAYSNOTICEFOflNONPAYMENTOFPRFMUIMvvCITYOFSARATOGASHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIONDATETHEREOFTHEISSUINGCOMPANYWILLTOMAIIADMINSERVICESOFFICER3ODAYSWRITTENNOTICETOTHECERTIFICATEHOLDENNAMEDTOTHELEFT13777FUITVALEAVENUESARATOGACA95070B 62 BUSINESSLIABILITYCOVERAGEFORMbThatisFireinsuranceforpremisesrentedtoyouortemporarilyoccupiedbyyouwithpermissionoftheownercThatisinsurancepurchasedbyyoutocoveryourliabilityasatenantforpropertydamagetopremisesrentedtoyouortemporarilyoccupiedbyyouwithpermissionoftheownerordIfthelossarisesoutofthemaintenanceoruseofaircraftautosorwatercrafttotheextentnotsubjecttoExclusiongofSectionACoverages2AnyotherprimaryinsuranceavailabletoyoucoveringliabilityfordamagesarisingoutofthepremisesoroperationsforwhichyouhavebeenaddedasanadditionalinsuredbyattachmentofanendorsementWhenthisinsuranceisexcessoverotherinsurancewewillpayonlyourshareoftheamountofthelossifanythatexceedsthesumof1Thetotalamountthatallsuchotherinsurancewouldpayforthelossintheabsenceofthisinsuranceand2ThetotalofalldeductibleandselfinsuredamountsunderallthatotherinsuranceWewillsharetheremaininglossifanywithanyotherinsurancethatisnotdescribedinthisexcessoftheLimitsofInsuranceshownintheDeclarationsofthisCoveragePartcMethodofSharingIalltheetherinsurancepermitscontributionbyequalshareswewillfollowthismethodalsoUnderthisapproacheachinsurercontributesequalamountsuntilithaspaiditsapplicablelimitofinsuranceornoneofthelossremainswhichevercomesfirstIfanyoftheotherinsurancedoesnotpermitcontributionbyequalshareswewillcontributebylimitsUnderthismethodeachinsurersshareisbasedontheratioofitsapplicablelimitofinsurancetothetotalapplicablelimitsofinsuranceofallinsurersThisprovisionprovidessuchinsuranceasisaffordedunderthiscoverageformbutonlywithrespecttoyouroperationsyourworkorfacilitiesownedorusedbyyouFOPTIONALCOVERAGESIflistedorshownasapplicableintheDeclarationsoneormoreofthefollowingOptionalCoveragesalsoapplyThesecoveragesaresubjecttothetermsandconditionsapplicabletoBusinessLiabilityCoverageinthispolicyexceptasprovidedbelow1AdditionallnsuredDesignatedPersonorOrganizationWHOISANINSUREDunderSectionCisamendedtoincludeasaninsuredthepersonororganizationshownintheDeclarationsbutonlywithrespecttoliabilityarisingoutofyouroperationsorpremisesownedbyorrentedtoyou2AdditionalInsuredManagersorLessorsofPremisesaWHOISANINSUREDunderSectionCisamendedtoincludeasaninsuredthepersonsororganizationsshownintheDeclarationsbutonlywithrespecttoliabilityarisingoutoftheownershipmaintenanceoruseofthatpartofthepremisesleasedtoyouandshownintheDeclarationsandsubjecttothefollowingadditionalexclusionsbAdditionalExclusionsThisinsurancedoesnotapplytoAnyoccurrencewhichtakesplaceafteryouceasetobeatenantinthatpremisesor2Structuralalterationsnewconstructionordemolitionoperationsperformedbyorforthatpersonororganization3AdditionalInsuredGrantorofFranchiseWHOISANINSUREDunderSectionCisamendedtoincludeasaninsuredthepersonsororganizationsshownintheDeclarationsbutonlywithrespecttotheirliabilityasgrantoroffranchisetoyou4AdditionalInsuredLessorofLeasedEquipmentaWHOISANINSUREDunderSectionCisamendedtoincludeasaninsuredthepersonsororganizationsshownintheDeclarationsbutonlywithrespecttotheirliabilityarisingoutofthemaintenanceoperationorusebyyouofequipmentleasedtoyoubysuchpersonsororganizationsbAdditionalExclusionsThisinsurancedoesnotapplyFormSS00OS0401Page15of20 63 BUSINESSLIABILITYCOVERvcFORM1ToanyoccumencewhichtakesplaceaBodilyinjuryorpropertyaftertheequipmentleaseexpiresordamageforwhichthevendoris2Tobodilyinjuryorpropertydamageobligatedtcpaydamagesbyarisingoutofthesolenegligenceofreasonoftheassumptionofthelessorliabilityinacontractoragreement5AdditionalInsuredOwnersorOtherThisexclusiondoesnotapplytoInterestsFromWhomLandHasBeenliabilityfordamagesthattheLeasedvendorwouldhaveintheabsencebftheconVactoragreementWHOISANINSUREDunderSectionCisamendedtoincludeasaninsuredthepersonbAnyexpresswarrantyororganizationshownintheDeclarationsbutunauthorizedbyyouonlywithrespecttoliabilityarisingoutofthecAnyphysicalorchemicalchangeownershipmaintenanceoruseofthatpartofintheproductmadeintentionallythelandleasedtoyouandshowninthebythevendorDeclarationsandsubecttothefollowingdRepackagingunlessunpackedadditionalexclusionsolelyforthepurposeofThisinsurancedoesnotapplytoinspectiondemonSVationtestingaAnyoccurrencethattakesplaceafterorthesubstitutionofpartsunderyouceasetoleasethatlandorinstructionsfromtheSVucturalalterationsnewconstructionorbmanufacturerandthendemolitionoperationsperformedbyorforrepackagedintheoriginaltheQersonororganizationshowninthecontainerDeclarationseAnyfailuretomakesuch6AdditionalInsuredStateorPoliticalinspectionsadjustmentstestsorSubdivisionPermitsservicingasthevendorhasagreedtomakeornormallyaWHOISANINSUREDunderSectionCisundertakestomakeintheusualamendedtoincludeasaninsuredthecourseofbusinessinconnectionstateorpoliticalsubdivisionshowninthewiththedistributionorsaleoftheDeclarationsbutonlywithrespecttoproductsoperationsperformedbyyouoronyourfDemonstrationinstallationbehalfforwhichthestateorpoliticalsubdivisionhasissuedapermitservicingorrepairoperationsexceptsuchoperationsperformedbAdditionalExclusionsatthevendorspremisesinThisinsurancedoesnotapplytoconnectionwiththesaleofthe1BodilyinjurypropertydamageorproductpersonalandadvertisinginjurygProductswhichafterdistributionarisingoutofoperationsperformedfororsalebyyouhavebeenlabeledthestateorpoliticalsubdivisionororrelabeledorusedasa2Bodilyinjuryorpropertydamagecontainerpartoringredientofanyincludedintheproductcompletedotherthingorsubstancebyorforoperationshazardthevendor7AdditionalInsuredVendors2ThisinsurancedoesnotapplytoanyaWHOISANINSUREDunderSectionCisinsuredpersonororganizationfromamendedtoincludeasaninsuredthewhomyouhaveacquiredsuchpersonsororganizationsreferredtoproductsoranyingredientQartorbelowasvendorshowninthecontainerenteringintoaccompanyingDeclarationsbutonlywithrespecttoorcontainingsuchproductsbodilyinjuryorpropertydamagearising3ThisProvision7doesnotapplytoanyoutofyourproductswhicharedistributedvendorincludedasaninsuredbyanorsoldintheregularcourseoftheendorsementissuedbyusandmadevendorsbusinessapartofthisCoverageFormbAdditionalExclusions1TheinsuranceaffordedthevendordoesnotapplytoPage16of20FormSSDO080401 64 STATECOMPENSATIONINSURANCEFUNDMAY132005SARATOGACOMMACCESSCABLETVFDN14000FRUITVALEAVESARATOGACA95070DearPolicyholderINREPLYREFERT01487845OSThankyouforchoosingusasyourworkerscompensationinsurancecarrierThispackagecontainsyourrenewaldocumentsaslistedonthefollowingpagePleasekeepthesetogetherOurgoalistoprovideyouwithfastefficientandthemostconvenientservicepossibleWetrulyappreciateyourbusinessIfyouhaveanyquestionsabouttheinformationinthismailingpleasecontactyourbrokerofrecordoryourlocalStateCompensationInsuranceFundofficeStateCompensationInsuranceFund1275MarketStreetSanFranciscoCA941031410MaliingAddressPOBox420807SanFranciscoCA941420807 65 STATECOMPENSATIONINSURANCEFUNDINREPLYREFERTO148784505WORKERSCOMPENSATIONANDEMPLOYERSLIABILITYINSURANCEPOLICYSTATECOMPENSATIONINSURANCEFUNDFormsandEndorsementsApplicableListPolicyFORMNUMBERFORMDESCRIPTION10963ANNUALRATINGENDORSEMENT102179904ENDORSEMENTAGREEMENTWORDINGCHANGEENDORSEMENT102172023ENDORSEMENTAGREEMENTPREMIUMADJUSTMENT102172437ENDORSEMENTAGREEMENTMEDICALPROVIDERNETWORKENDORSEMENT102172555ENDORSEMENTAGREEMENTTERRORISMRISKINSURANCEACTENDORSEMENT102173015ENDORSEMENTAGREEMENTEXECUTIVEOFFICERSMINIMUMMAXIMUMLIMITS10610POLICYHOLDERNOTICE1275MarketStreetSanFranciscoCA941031410MailingAddressPOBox420807SanFranciscoCA941420807 66 TATEHOMEOFFICEHFRANCISCOANNUAATINGENDORSEMENTCOMPENSATIONITISAGREEDTHATTHECLASSIFICATIONSANDRATESPER100OFREMUNERATIONAPPEARINGINSURANCEFIJNINTHECONTINUOUSPOLICYISSUEDTOTHISEMPLOYERAREAMENDEDASSHOWNBELOWHEREAREYOURNEWRATESFORTHEPERIODINDICATEDIFYOURNAMEORADDRESSSHOULDBECORRECTEDORIFINSURANCEISNOTNEEDEDFORNEXTYEARPLEASETELLUSIMPgRTANTTHISISNOTABILLCONTINUOUSPOLICY148784505SENDNOMONEYUNLESSSTATEMENTISENCLOSEDHERATINGPERIODBEGINSANDENDSATt2OtAMRATINGPERIOD60105TO60106PACIFICSTANDARDTIMEINTERIMBILLINGRATESWILLBEUSEDONPAYROLLREPORTSTHEYTAKEINTOACCOUNTRATINGPLANCREDITSORDEBITSWHICHWILLAPPLYATFINALBILLINGANDANESTIMATEOFYOURPREMIUMDISCOUNTASDETAILEDBELOWRATINGPLANCREDITSDEBITSEFFECTIVEFROM060105TO060106RATINGPLANMODIFIER100000ESTIMATEDPREMIUMDISCOUNTMODIFIER100000COMPOSITEFACTORAPPLIEDTOBASERATESTODERIVEINTERIMBILLINGRATES100000itiekkieikistieiekkirkisisiciekisieieisieieeirkiicicir4kieieicekisckitieisieieFisieieisis4iitiskisFieieicirtieieisieieisitikieieisPREMIUMDISCOUNTSCHEDULEEFFECTIVEFROM06O1OSTO060106ESTIMATEDMODIFIEDPREMIUMISDISCOUNTEDACCORDINGTOTHEFOLLOWINGSCHEDULEFIRSTABOVE5000500000150ieieiekicicicisieikicickkecticiTHEESTIMATEDPREMIUMDISCOUNTISBASEDONANESTIMATEOFYOURPAYROLLACTUALPREMIUMDISCOUNTAPPLIEDATFINALBILLINGWILLBEBASEDONTHEACTUALPAYROLLREPORTEDONYOURPOLICYANDSUB7ECTTOAUDITUNTERSIGNEDANDISSUEDATSANFRANCISCOMAY132005POLICYLPAGE2OF 67 NOMEOFFICESANFRANCISCOANNUALtATINGENDORSEMENTCOMPENSATION1TISAGREEDTHATTHECLASSIFICATIONSANDRATESPER100OFREMUNERATIONAPPEARINGINSURANCEFUNINTHECONTINUOUSPOLICYISSUEDTOTHISEMPLOYERAREAMENDEDASSHOWNBELOWHEREAREYOURNEWRATESFORTHEPERIODINDICATEDIFYOURNAMEORADDRESSSHOULDBECORRECTEDORIFINSURANCEI5NOTNEEDEDFORNEXTYEARPLEASETELLUSIMPORTANTTHISISNOTABILLCONTINUOUSPOLICY148784505SENDNOMONEYUNLESSSTATEMENTISENCLOSEDHERATINGPERIODBEGINSANDENDSAT1201AMRATINGPERIOD60105TO60106ACIFICSTANDARDTIMESARATOGACOMMACCESSCABLETVFDNDEPOSITPREMIUM14000FRUITVALEAVEMINIMUMPREMIUMSARATOGACALIF95070PREMIUMADJUSTMENTPERIODNAMEOFEMPLOYERSARATOGACOMHACCESSCABLETVANONPROFITPUBLICBENEFITCORPANONPROFITCORPCODEN0PRINCIPALWORRANDRATESEFFECTIVEFROH060105TO060106PREMIUMBASEBASISRATE7610RADIOTELEVISIONORCOMMERCIALBROAD25000327CASTINGSTATIONSALLEMPLOYEESBUREAUNOTEINFORMATIONFEIN770199518rTOTALESTIMATEDANNUALPREMIUMUNTERSIGNEDANDISSUEDATSANFRANCISCO8168640020000ANNUALLYRNGINTERIMBILLINGRATE327MAY132005POLICYLPAGE1OF 68 STATEHOMEOFFICESANFRANCISCOANNUAURATINGENDORSEMENTCOMPENSATIONITISAGREEDTHATTHECLASSIFICATIONSANDRATESPER100OFREMUNERATIONAPPEARINGINaLRANCEFUNDINTHECONTINUOUSPOLICYISSUEDTOTHISEMPLOYERAREAMENDEDASSHOWNBELOWCONTINUOUSPOLICY148784505IFYOUHAVEANYQUESTIONSPLEASECONTACTYOURLOCALSTATEFUNDOFFICEBELOWCSCPOLICYATFAIRFZELD5251BUSINESSCENTERDRIVEFAIRFIELDCA945858774054545NothinghereincontainedshallbeheldtovaryalterwaiveorextendanyofthetermsconditionsagreementsorlimitationsofthePolicyotherthanashereinstatedWhencountersignedbyaduVyauthorizedofficerorrepresentativeoftheStateCompensationInsuranceFundthesedeclarationsshallbevalidandformpartofthePolicyAUTNLIRIZEOREPRESENTATIVEPRESIDENTUNTERSIGNEDANDISSUEDATSANFRANCISCOMAY132005POLICYLPAGE3OF 69 STATECOMPENSATIONINSURAHC6FUNDHOMEOFFICESANFRANCISCOALLEFFECTIVEDATESAREAT1211AMPACIFICSTANDARDTIMEORTHETIMEINDICATEDATPACIFICSTANDARDTIMEPREMIUMADJUSTMENTENDORSEMENTWC040407ENDORSEMENTAGREEMENTEFFECTIVEJUNE12005AT1201AM148764505RENEWALNGPAGE1OF1SARATOGACOMMACCESSCABLETVFDN14000FRUITVALEAVESARATOGACA95070WEHAVETHERIGHTTOADJUSTTHEPOLICYPREMIUMAFTERISSUANCEOFTHEPOLICYIFTHECOSTOFPROVIDINGTHEBENEFITSREQUIREDUNDERTHEWORKERSCOMPENSATIONLAWSOFCALIFORNIAISAFFECTEDBYLEGISLATIVEORREGULATORYCHANGESADOPTEDAFTERISSUANCEOFTHEPOLICYTHEAMOUNTOFTHEADJUSTMENTWILLNOTEXCEEDTHECHANGEINTHECOSTOFPROVIDINGTHEBENEFITSASREFLECTEDINTHEPUREPREMIUMRATESAPPROVEDBYTHEINSURANCECOMMISSIONERNOTHINGINTHISENDORSEMENTCONTAINEDSHALLBEHELDTOVARYALTERWAIVEOREXTENDANYOFTHETERMSCONDTIONSAGREEMENTSORLIMITATIONSOFTHISPOLICYOTHERTHANASSTATEDNOTHINGELSEWHEREINTHISPOLICYSHALLBEHELDTOVARYALTERWAIVEORlIM1TTHETERMSCONDITIONSAGREEMENTSORLIMITATIONSOFTHISENDORSEMENTCOUNTERSIGNEDANDISSUEDATSANFRANCISCOLIAy132005AUTHORIZEDREPRESENTATIVEpgcgncnlT2023 70 STATECOMPENSATIONINSURANCEFUNDENDORSEMENTAGREEMENTHOMEOFFICESANFRANCISCOEFFECTIVEJUNE12005AT1201AMALLEFFECTIVEDATESAREAT1201AMPACIFICSTANDARDTIMEORTHETIMEINDICATEDATPACIFICSTANDARDTIMESARATOGACOMMACCESSCABLETVFDN14000FRUITVALEAVESARATOGACA95070ANYTHINGINTHISPOLICYTOTHECONTRARYNOTWITHSTANDINGITISAGREEDTHATTHEWORDINGFORTHEFOLLOWINGCLASSIFICATIONAPPEARINGINTHISPOLICYISCHANGEDTOREADCLASSDESCRIPTIONOFWORK7610RADIOTELEVISIONORCOMMERCIALBROADCASTINGSTATIONSALLEMPLOYEESINCLUDINGCLERICALOFFICEEMPLOYEESANDSALESPERSONSTHEACTUALREMUNERATIONOFPLAYERSENTERTAINERSORMUSICIANSSHALLBESUBIECTTOAMAXIMUMOF84500PERYEARPERPERSONWHENSUCHEMPLOYEESDONOTWORKTHEENTIREYEARTHEPAYROLLLIMITATIONSHALLBEPRORATEDBASEDUPONTHENUMBEROFWEEKSINWHICHSUCHEMPLOYEESWORKEDDURINGTHEPOLICYPERIOD148784505RENEWALNGNOTHINGINTHISENDORSEMENTCONTAINEDSHALLBEHELDTOVARYALTERWAIVEOREXTENDANYOFTHETEAMSCONDITIONSAGREEMENTSORLIMITATIONSOFTHISPOLICYOTHERTNANASSTATEDNOTHINGELSEWHEREINTHISPOLICYSHALLBEHELDTOVARYALTERWAIVEORLIMITTHETERMSCONDITIONSAGREEMENTSORLIMITATIONSOFTHISENDORSEMENTCOUNTERSIGNEDANDaISEDATSANFRANCISCOMAYAK13ZOOSJCAUTHORIZEDREPRESENTATIVEPRESIDENTCicnPnnnagoo9904 71 CITYOFSARATOGATRANSMITTALMEMORANDUMFORCONTRACTEXECUTIONDaten1SubmittingDepartmentStaffContactISIPleasesigneachcopyoftheattachedwhereindicatedandreturntotheCityClerkWhenthecontractisfullyexecutedtheCiryClerkwillreturneitheraduplicateoriginalorcopytothesubmittingdepartmentandwillsendacertifiedcopytocontractorconsultantRouteToDirectorScopeofWorkTemr0TempsofPayment0UseofCityFacilitiesityAttorneyApprovedastoFormApprovedwithChanges0NotApprovedCityAttorneyInitialsDateItAdministrativeServicesDirector0FundingAvailable0NoFundingAvailable0BudgetResolutionRequiredNotesInsuranceRequirementsDirectorsInitialsDateManagerApproved0DeniedCityMangersInitialsDateContractorName230CommerciaUGeneralLiablityL11UlAutoLiability44t0ProfessionaUErrocandmissio1WorkersCompensationlP0AdditionalInsuredEndorsement0PublicWorksContractsallinsurancespecifiedonpage14BriefdescriptionofservicstobeContractamountbudgetaccountnumber4CityServicesandFacilitiestobeprovidedSummaryofExhibitCQJV 72 5DesignatedContractAdministratorNameandTitle6IsthisastandardCitycontractYesNoIfnoexplain7ContractDateu1ii8InsuranceCertificateattachedYesExpirationDatLlNoIfnoexplains9DateofCouncilapprovalifapplicableResNoConnactsof10000oraboveMUSThaveCityCouncilapprovalAttachcopyofresolutionorminuteordertocontractpacketforreferer7ce10AccountnumbersCompleteCopyofTransmittalMemoforwardedtoASDepartmentCMCDateCity 73 SARATOGACITYCOUNCILMEETINGDATEDecember212005AGENDAITEMORIGINATINGDEPTCITYMANAGERGPREPAREDBYlDEPTHEADDaveAndersonSUBJECTKSARAgreementRECOMMENDEDACTIONSApproveagreementandauthorizeCityManagertoexecutethesameREPORTSUMMARYKSARtelevisionhasoperatedunderaJointPowersAgreementbetweenWestValleyCollegeandtheCityforanumberofyearsTheCityhistoricallycontributed40ofitsCATVfranchiserevenuetoKSARforitsoperationsDuringbudgetnegotiationstwoyearsagotheCityCouncilapprovedapolicythatwouldtransitionKSARfromaJointPowersauthorityagencytoastandaloneprivatenonprofitorganizationcontractingwiththeCityonafeeforservicebasisFiscalYear200506wasviewedasatransitionyearinwhichtheCitywouldprovide20ofitsCATVfranchiserevenueFiscalYear200607willbethefirstyearofthefeeforservicearrangementAcontractforservicebetweentheCityandKSARhasbeendevelopedbytheKSARBoardofDirectorsthecitymanagerandthecouncilliaisontoKSARAnnWaltonsmithandthecityattorneyItprovidesfortransitionalfundingforFY200506andthefeeforservicecontractforsubsequentyearscoveredunderthecontractThetermoftheagreementisineffectfromJuly12005throughJune302011KSARwillprovidefortelevisingandrecordingandbroadcastingCityCouncilandPlanningCommissionmeetingsforaflatrateof50000permeetingAdditionalservicesmayberequestedofKSARonatimeandmaterialsbasisunderthenewcontractFISCALIMPACTS40ofFY2004OSCATVfranchiserevenueswereapproximately96000inFY20050620ofCATVfranchiserevenueswereapproximately46000andthe 74 anticipatedexpendituresforFY200607willbeapproximately25000forbaselevelservicesplustimeandmaterialsforadditionalservicesCONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTIONSALTERNATIVEACTIONSFOLLOWUPACTIONSADVERTISINGNOTICINGANDPUBLICCONTACTATTACHMENTAKSARAgreement 75 GATEIMMIOONYI41206PRODUCERJohn0BronsonCo3636AmericanRiverDr200SacramentoCA95864SaratogaCommunityAccessCableTelevisionFoundation14000FruitvaieAvenueSaratogaCA950709169747800ONLYANDCONFERSNORIGHTSUPIHOLDERTHISCERTIFICATEDOESNOTCOMPANYAHartfordPropertyCasualtyCOMPANYBCOMPANYCOMPANYDTHETHISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUERTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATEDNOTWRHSTANOINGANYREQUIREMENTTERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWISHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAINTHEINSURANCEAFFORDEDBVTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMSEXCLUSIONSANDCONDITIONSOFSUCHPOLICIESLIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMSCOTYPEDFINSURANCEPOLICYNUMBERPOLICYEFFECTIVEPOLICYE7rPIRA7I0NLIMITSLTAGATEIMMIOOrVYIDATEIMMIODYYAGENERALLIABILITY57SBAKZ49354O1064OIIOJGENERALAGGREGATE2000000XCOMMERCIALGENERALLIABILITYPROOUCT6COMPRIPAGG02000000CLAIMSMADEOCCURPERGDNALSADVINJURYDOWNER6ECONTRACTORSPROTEACHOCCURRENCE01OD0000MEOEXPIAnypnDparaonl010000AUTOMOBILEWIBILITVANYAUTO57SBAKZ4935401064Ot107COMBINEDSINGLELIMIT01000000ALLOWNEDAUTO6SCHEOULEOAUTO6BODILYINJURYIParperspnl0XXHIREDAUTOSNON0WNEOAUT05BODILYINJURYIParpeeldentl0A0PROPERTYDAMGEOAgAOELIABILITYAUTOONLYEAACCIDENT8ANYAUTOOTHERTHANAUTOONLYAGGREGATE0IXCEfiBLIABILITYEACHOCCURRENCEDUMBRELLAFORMAGOREGATESOTHERTNANUMBRELLAEORMDWSTATUOTHWORKFiIbCOMPEN6gTI0NAND0EMPLOYEIISLIABILITYELEACHACCIDENT7THEPROPRIETORINCLELOISEA6EPOLICYLIMfIDPARTNERSEFECUTIVEOFFICERSAREEXCLELOI6EA6EEAEMPLOYEE0OTHERIDESCRIPTIONOFOPERATIONSLOCATIONSNENICLE6I6PECIALITEMSEVIDENCEOFINSURANCECERTHOLDERITSOFFICERSANDEMPLOYEESAREADDITIONALINSUREDPER5500084107pgi5161tof1AVCNnTICFFAAMf1NPGVMFNTOFPREMIUMXXSNOUIDANYOFTHEABOVEOESCRISEDPOLICIESBECANCEl1E0BEFORETHECITYOFSARATOGAEXPIgATIONGATETHEREOFTHEISSUINGCOMPANYWILLMAILADMINSERVICESOFFICER30GAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMEDDTHELEFT13777FUITVALEAVENUEYSARATOGACA95070e 76 77 78 79 Page 1 of 5 SECOND AMENDMENT TO COMMUNITY ACCESS CABLE TELEVISION SERVICES AGREEMENT This Second Amendment to Community Access Cable Services Agreement is made at Saratoga, California by and between the City of Saratoga, a municipal corporation (“City)”, and Saratoga Community Access Cable Television Foundation (“Contractor”), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement with a term from July 1, 2005 through June 30, 2011 (“Original Agreement”) and amended the Original Agreement on September 8, 2008, in order to change the scope of work and payment terms (“Amended Agreement”); and WHEREAS, City and Contractor wish to further amend the Amended Agreement in order to extend its term for an additional five (5) years and to amend the scope of work and payment terms. NOW, THEREFORE, the parties hereto agree as follows: 1. AMENDED SCOPE OF WORK. The scope of work attached to the Original Agreement as Exhibit A and revised by the Amended Agreement is replaced in its entirety by Exhibit A-1 (attached and hereby made a part of this agreement). 2. AMENDED TERM. Section 2 of the Original Agreement is amended to replace the termination date of June 30, 2011 with the date of June 30, 2016 and otherwise remain unchanged. 3. AMENDED PAYMENT TERMS. Exhibit B (concerning payment terms) attached to the Original Agreement and revised by the Amended Agreement is replaced in its entirety by Exhibit B-1 (attached and hereby made a part of this agreement). 4. EFFECTIVE DATE. This Second Amendment Agreement shall take effect July 1, 2011. - Continued Next Page - 80 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment Agreement. City of Saratoga Contractor By: ____________________ Dave Anderson, City Manager _________ Date By: ____________________ Tom Moran, Chairman Saratoga Community Access TV Foundation _________ Date Attest: _____________________ Ann Sullivan, City Clerk _________ Date Approved as to Form: ___________________________ Richard S. Taylor, City Attorney _________ Date Attachments: Exhibit A-1 Scope of Work Exhibit B-1 Payment 81 EXHIBIT A-1 SCOPE OF WORK Contractor shall complete the following Scope of Work: 1. Arrange for and provide live and tape-delayed broadcasts and create video recordings of regular City Council and Planning Commission meetings held in the Civic Theater. Specifically: a. It is understood that regular City Council meetings are held on the first and third Wednesdays of each month and regular Planning Commission meetings are held on the second and fourth Wednesdays of each month. b. One video copy of each meeting shall be provided to the City Manager or his/her designee by the close of the business day following the meeting and one copy to the Saratoga Library. c. Each regular meeting for which a video recording is created shall be broadcast on a time-delayed basis at least once during the 7-day period following the meeting. d. The City Council or Planning Commission may, on occasion, hold regular meetings at a location other than the Civic Theater, in which case no broadcast or recording services shall be provided pursuant to this paragraph. 2. Provide and/or arrange for the proper maintenance of the Contractor’s equipment at the City Hall installation. 3. Minor maintenance, repair and adjustment of the City’s equipment will be performed by Contractor as staff is available. 4. Provide live broadcasts and/or video recording services of special meetings of the City Council or Planning Commission or of other civic events upon request of City when Contractor staff is available. 5. List up to a reasonable number of items requested by City at any given time on the Community Service Board. 6. Index each Council and Planning Commission meeting that is recorded by KSAR to the City’s Granicus system for web streaming. 82 EXHIBIT B-1 PAYMENT Compensation shall be as specified below: 1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION MEETINGS. For the services described in Exhibit A-1, Section 1, Contractor shall be paid $550/meeting for the first two years (June 30, 2011 – June 30, 2013 and $600/meeting June 30, 2014 – June 30, 2016. 2. MAINTENANCE AND REPAIR. For the services described in Exhibit A-1, Sections 2 and 3, Contractor shall be paid in accordance with the following rate schedule: $100.00 per hour. City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in the course of providing maintenance services. Reimbursement for costs of outside engineering or service personnel shall not exceed amounts authorized by the City prior to said work being performed. 3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in Exhibit A-1, Section 4, Contractor shall be paid in accordance with the rate schedule set forth in Section 2, above and for the actual cost of any reimbursable expenses authorized by City in connection with the special event. 4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, Section 5, Contractor shall be paid $0.00 per month. 5. GRANICUS INDEXING. The City shall pay contractor a flat fee of $100 per meeting for the work described in Exhibit A-1, paragraph 6 following completion of the indexing for the meeting and a receipt by the City of an invoice from the Contractor. 6. TOTAL COMPENSATION. Total compensation pursuant to this Agreement (including compensation for reimbursable expenses) in any fiscal year shall not exceed the amount specified in the City of Saratoga budget for services pursuant to this Agreement in that year. 83 7. INVOICES. Contractor shall submit invoices, not more often than once each month during the term of this Second Amendment to Agreement, based on the cost of work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the amount of prior billings and the total due this period. 8. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. Payments shall be made no later than thirty (30) days following the City’s receipt of the invoice. 84 1 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: Christopher Riordan, AICP ______________________________________________________________________________ SUBJECT: Zoning Ordinance Amendment to Prohibit Medical Marijuana Dispensaries ______________________________________________________________________________ RECOMMENDED ACTION: Waive the second reading and adopt the proposed ordinance. BACKGROUND: On June 15, 2011, the City Council opened and conducted a public hearing, introduced the ordinance, and voted to place the ordinance for a second reading and adoption on consent. DISCUSSION: In 2009, the City of Saratoga received several inquiries from prospective medical marijuana dispensary operators. The Saratoga Municipal Code does not specifically address the regulation or location of medical marijuana dispensaries or list medical marijuana dispensaries as a permitted use or conditionally permitted use in any zoning district. On November 18, 2009, the City Council adopted by a unanimous vote an interim ordinance imposing as an urgency measure a moratorium on granting approvals and entitlements for use for medical marijuana dispensaries. The City Council twice extended the moratorium, which will now expire on November 17, 2011. The moratorium may not be extended further. The moratorium was extended to provide staff additional time to research medical marijuana dispensaries and to allow for additional clarification from the courts regarding local regulation of medical marijuana. The City Attorney had been anticipating a court of appeal decision in Qualified Patients v. City of Anaheim regarding the legality of Anaheim’s ordinance banning medical marijuana dispensaries. Unfortunately, the court’s decision did not reach this issue. Nonetheless, other courts of appeal have upheld local zoning regulations that effectively ban medical marijuana dispensaries.1 In addition, recently enacted legislation authorizes localities to restrict the establishment of medical marijuana dispensaries.2 The Santa Clara County Sheriff’s Office has concluded that “the establishment of any medical marijuana dispensaries within the jurisdictional boundaries of the City of Saratoga would present potential health and safety issues to the community as well as invite a criminal element to the City.” 1 City of Claremont v. Kruse (2009) 177 Cal.App.4th 1153, (upholding an MMD moratorium); City of Corona v. Naulls (2008) 166 Cal.App.4th 418 (upholding permissive zoning regulations that did not list medical marijuana dispensaries). 2 Health & Safety Code § 11362.768(f). 85 2 The proposed ordinance would ban medical marijuana dispensaries in all zoning districts. The ordinance begins with findings, which describe Saratoga’s basis for banning medical marijuana dispensaries and its authority to do so. The proposed zoning code amendment has three main components: 1) it establishes that medical marijuana dispensaries shall not be permitted in any zoning district within the City, 2) it defines medical marijuana dispensaries, and 3) to ensure compliance with state law, it prohibits qualified medical marijuana users from being subject to criminal sanctions for violating the ordinance, while clarifying that all other civil and administrative enforcement actions still apply. Prohibition of Use Given that medical marijuana dispensaries have been associated with an increase in crime and other negative land use impacts, the Sheriff’s department recommended banning medical marijuana dispensaries within the City. Definition of Medical Marijuana Dispensaries State law does not define medical marijuana dispensaries. Instead, it authorizes patients with a doctor’s recommendation for medical marijuana and their primary caregivers (“qualified individuals”) to collectively or cooperatively cultivate medical marijuana.3 In addition, a primary caregiver may cultivate and provide medical marijuana to qualified patients.4 The ordinance defines Medical Marijuana Dispensaries as any location where a primary caregiver or a collective or cooperative provides marijuana to more than two qualified individuals. The definition excludes state licensed care facilities that are authorized under state law to provide medical marijuana to qualified patients.5 Note that the sale of medical marijuana by a primary caregiver or a collective or cooperative is prohibited under the Saratoga Municipal Code. Article 4-05 regarding Business Licenses provides that no business license may be issued for an unlawful business and the distribution of Medical Marijuana is unlawful under federal law.6 Policy Issue Whether medical marijuana dispensary should be defined to allow for distributions to fewer than two or more than two qualified individuals. The ordinance has been structured to allow households with two members who are qualified patients to cultivate and consume medical marijuana within their household. The ordinance would also allow a household with a primary caregiver to cultivate medical marijuana for distribution to two qualified patients (one of which might be the caregiver). Within Santa Clara County, the cities of Milpitas, Morgan Hill, Palo Alto, and Sunnyvale allow distribution to only one qualified individual. The cities of Campbell, Gilroy, Los Altos, and Mountain View do not allow distribution at all. San Jose allows collectives of three or more qualified individuals and limits the number of collectives that distribute to four or more qualified individuals. The County of Santa Clara allows medical marijuana dispensaries serving any number of qualified individuals provided they operate in accordance with specified regulations. Several 3 Id. § 11362.775. 4 Id. §§ 11362.5, 11362.765. 5 Id. § 11362.7(d)(1). 6 United States v. Oakland Cannabis Buyers’ Cooperative (2001) 532 U.S. 483, 494. 86 3 dispensaries located in surrounding jurisdictions are reported to offer delivery services to qualified patients within the City of Saratoga. Enforcement The ordinance declares that any violation would constitute a public nuisance and an immediate hazard such that violations could be abated through the City’s Emergency Nuisance Abatement Procedure. Violations could also be enforced through judicial nuisance abatement proceedings, civil code enforcement proceedings, unfair business practice proceedings, suits for injunctive relief, and administrative fines. The ordinance provides that violators that are qualified patients or primary caregivers under the state’s medical marijuana laws would not be subject to criminal enforcement proceedings. The state’s medical marijuana laws exempt qualified individuals from certain specified criminal liability and the City Attorney recommends this provision to avoid a potential conflict with state law. ALTERNATIVE ACTION: 1. Deny the proposed ordinance prohibiting medical marijuana dispensaries. 2. Modify the proposed ordinance. 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. ATTACHMENT: Ordinance 87 1 ORDINANCE _______ AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SARATOGA CITY CODE CHAPTER 15 CONCERNING ZONING REGULATIONS PROHIBITING MEDICAL MARIJUANA DISPENSARIES Findings A. In 1996, the voters of the State of California approved Proposition 215 entitled “The Compassionate Use Act of 1996” (“CUA”) (Health & Safety Code § 11362.5 et seq.); and B. The CUA creates limited exceptions from criminal liability for seriously ill persons who are in need of medical marijuana as well as for their primary caregivers; and C. The California Legislature enacted the Medical Marijuana Program Act (“MMPA”) to clarify the implementation of the CUA (Health & Safety Code § 11362.7 et seq.); and D. The CUA expressly anticipates local regulation of medical marijuana, providing “[n]othing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes,” (Health & Safety Code § 11362.5(b)(2)); and E. The MMPA also expressly anticipates local regulation of medical marijuana, providing “[n]othing in this article shall prevent a city or other local governing body from adopting and enforcing laws consistent with this article,” (Health & Safety Code § 11362.83); and F. The Legislature recently amended the MMPA to prohibit the establishment of medical marijuana dispensaries within 600 feet of a school, and in so doing, expressly anticipated local regulations banning medical marijuana dispensaries by providing “[n]othing in this section shall prohibit a city, county, or city and county from adopting ordinances or policies that further restrict the location or establishment of a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider,” (Health & Safety Code § 11362.768(f)); and G. While experiences have varied from city to city, a number of California cities with medical marijuana dispensaries have experienced an increase in crime associated with these dispensaries, such as burglary, robbery—including targeted robbery of people frequenting the dispensaries—homicide, attempted homicide, aggravated assault, illegal weapons possession, driving under the influence, and the sale of illegal drugs—including the illegal resale of marijuana from dispensaries; and H. Juveniles in other jurisdictions have obtained marijuana from medical marijuana dispensaries by using false medical marijuana identification cards or through others who obtained medical marijuana legally at a dispensary; and I. The City of Saratoga wishes to reduce the risk of crime and the improper diversion of medical marijuana, including to the City’s youth; and 88 2 J. Businesses and residents neighboring medical marijuana dispensaries have experienced odors, loitering, public marijuana smoking and sales, an increase in vehicular traffic, noise, fires, and automobile accidents in the vicinity of dispensaries that would negatively impact neighboring land uses and the quality of life of Saratoga residents; and K. Prohibiting medical marijuana dispensaries within the City of Saratoga is consistent with the Saratoga General Plan land use goals to “[m]aintain the predominantly small-town residential character of Saratoga which includes semi-rural and open space areas” (Goal LU 1) and to “[e]ncourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas,” (Goal LU 2); and L. The sale of medical marijuana is prohibited by Article 4-05 of the Saratoga City Code regarding Business Licenses because no business license may be issued for an unlawful business, and the distribution of medical marijuana is unlawful under federal law, United States v. Oakland Cannabis Buyers’ Cooperative (2001) 532 U.S. 483, 494; and M. Because San Jose and Santa Clara County permit the establishment and operation of medical marijuana dispensaries, because there are dispensaries operating in other jurisdictions that provide delivery services to qualified patients in the City of Saratoga, because legally operating collectives or cooperatives may provide medical marijuana to 2 or fewer members from a single location, and because qualified patients and their primary caregivers may cultivate their own medical marijuana under the CUA and the MMPA, seriously ill patients in the City of Saratoga have reasonable access to medical marijuana; and N. An ordinance prohibiting the establishment of medical marijuana dispensaries in the City of Saratoga is necessary and appropriate to maintain and protect the public health, safety, and welfare of the citizens of Saratoga; and O. On June 8, 2011, the Planning Commission of the City of Saratoga held a duly noticed public hearing and recommended approval of this ordinance; and P. On June 15, 2011 the City Council of the City of Saratoga held a public hearing to consider this ordinance and concluded that this ordinance is in the public interest. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Article 15-80 of the Saratoga City Code is hereby amended to add the following section. 15-80.140 - Medical Marijuana Dispensaries prohibited in all districts. (a) Definition. For purposes of this Section, “Medical Marijuana Dispensary” means any facility, building, structure, or establishment, where a primary caregiver or a collective or cooperative group of qualified patients, persons with identification cards and/or primary caregivers makes available, sells, transmits, gives, allocates, administers, delivers, processes, or otherwise provides marijuana to or cultivates marijuana for more 89 3 than two (2) qualified patients, persons with identification cards, or primary caregivers. The terms primary caregivers, persons with identification cards, qualified patients, and collective or cooperative group are defined in California Health and Safety Code section 11362.5 et seq. and the State of California Department of Justice Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use (Aug. 2008) and any amendments thereto. Medical Marijuana Dispensary does not mean a state licensed facility listed in Health and Safety Code section 11362.7(d)(1). A Medical Marijuana Dispensary shall not fall within the definition of accessory use or any other use defined in this Code. (b) Prohibition of Use. A Medical Marijuana Dispensary shall not be permitted in any zoning district. (c) Enforcement. (1) Violations of this Section are hereby declared to be public nuisances and determined to be an immediate hazard to the public health, safety or welfare for purposes of Article 3-20 (Emergency Nuisance Abatement Procedure) of this Code. (2) In addition to other remedies provided by this Code or by other law, any violation may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, unfair business practice proceedings under Business & Professions Code Section 17200 et seq., and suits for injunctive relief. The remedies provided by this Section are cumulative and in addition to any other remedies available at law or in equity. (3) Notwithstanding any other provision of this Code, including Article 3-05 (Criminal Enforcement) and Article 15-95-030 (regarding misdemeanors and infractions), a qualified patient, person with a valid identification card, or primary caregiver, as those terms are defined in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 1111362.5 and 11362.7 et seq., shall not be subject to criminal liability under California Health and Safety Code section 11570 or any criminal abatement actions or complaints for operating or owning a Medical Marijuana Dispensary as that term is defined in this Section. Any qualified patient, person with a valid identification card, or primary caregiver owning or operating a Medical Marijuana Dispensary in violation of this Section shall be subject to all other compliance actions set forth in subsection (c)(3) of this Section, code enforcement actions set forth in Chapter 3, and legal proceedings authorized in Section 15-95.020 of this Code. Nothing in this Section shall prevent the criminal enforcement of other violations of this Code or state law. Section 2. California Environmental Quality Act. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Title 14, of the California Code of Regulations (“CEQA Guidelines”) sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect 90 4 physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment. Further, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. 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 first reading waived at the regular meeting of the City Council of the City of Saratoga held on June 15, 2011, and was adopted by the following vote following a second reading on July 6, 2011: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard Miller, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 91 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer Public Works Director SUBJECT: Hakone Gardens Well and Pumping System – Notice of Completion RECOMMENDED ACTION: Move to accept the Hakone Gardens well and pumping system project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. BACKGROUND: All work on the Hakone Gardens new well and pumping system has been completed by the City’s contractor, Maggiora Bros. Drilling, Inc. of Watsonville. The scope of work included installation of a new well and pumping system. Overall, the quality of construction completed through this contract was very satisfactory. The original contract amount was $47,075. Additional work was authorized through a change order in the amount of $2,050. In additional to City final inspection, the project received final approval from Santa Clara Valley Water District. 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: This project is funded in the fiscal year 2010/11 Council approved budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: 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 can be accepted as complete. 92 Page 2 of 2 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Notice of Completion 93 Recording requested by, And to be returned to: City of Saratoga Attn. City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, is accepted as complete by the Owner on or around the 13th day of June, 2011. Contract Number: N/A Contract Date: March 9, 2010 Contractor’s Name: Maggiora Bros. Drilling, Inc. Contractor’s Address: 595 Airport Blvd. Watsonville, CA 95076 Description of Work Hakone Gardens New Well and Pumping System Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on July 6, 2011. CITY OF SARATOGA BY:____________________________ ATTEST:____________________________ Dave Anderson Ann Sullivan, City Clerk City Manager Gov. Code 40814 94 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone SUBJECT: One year extension to Annual Maintenance Service Contract – Landscape Maintenance Services (Gachina Landscape Services) RECOMMENDED ACTION: Approve a one year extension to the existing service contract with Gachina Landscape Services for scheduled maintenance of various City landscaped areas in the amount of $75,756 and authorize the City Manager to execute the same. REPORT SUMMARY: On July 15, 2009, the City Council approved a two year Maintenance Service Contract with Gachina Landscape Services with a one year extension provision for landscape maintenance. This service is used primarily for maintenance of City owned and managed landscaped areas throughout the City. The two year contract expires at the end of this fiscal year so approval of the one year extension provision is desired. The award of the original service contract went through an informal bid process as is allowed for service contracts. Gachina was determined to be the lowest responsible contractor for specific landscape areas in the City. FISCAL IMPACTS: The amount of the contract is $75,756 as was approved originally in 2009. Funding for the maintenance contract is available in the FY 2011-2012 approved budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The service contract would not be approved and the City would need to determine a means to maintain these landscaped areas. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The contracts will be executed. 95 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Maintenance Service Contract. 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone SUBJECT: One year extension to Annual Maintenance Service Contract – Landscape Maintenance Services (Loral Landscape, Inc.) RECOMMENDED ACTION: Approve a one year extension to the existing service contract with Loral Landscape, Inc for scheduled maintenance of various City landscaped areas in the amount of $52,320 and authorize the City Manager to execute the same. REPORT SUMMARY: On July 15, 2009, the City Council approved a two year Maintenance Service Contract with Loral Landscape, Inc. with a one year extension provision for landscape maintenance. This service is used primarily for maintenance of City owned and managed landscaped areas throughout the City. The two year contract expires at the end of this fiscal year so approval of the one year extension provision is desired. The award of the original service contract went through an informal bid process as is allowed for service contracts. Loral was determined to be the lowest responsible contractor for specific landscape areas in the City. FISCAL IMPACTS: The amount of the contract is $52,320 as was approved originally in 2009. Funding for the maintenance contract is available in the FY 2011-2012 approved budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The service contract would not be approved and the City would need to determine a means to maintain these landscaped areas. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The contracts will be executed. 132 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Maintenance Service Contract. 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: Deanna Mouser DIRECTOR: Richard Taylor Chief Labor Negotiator City Attorney SUBJECT: City Manager Voluntary Benefits Waiver RECOMMENDED ACTION: Adopt resolution and authorize the Mayor to sign an agreement documenting the City Manager’s offer to voluntarily waive certain benefits specified in his employment agreement. BACKGROUND: Last fiscal year, in light of significant revenue shortfalls to the City due to economic conditions and state fiscal policies, the City Manager offered to forego the following benefits to which he was otherwise entitled for the 2010-2011 fiscal year: • An annual cost of living adjustment in salary; • An annual salary increase contingent on satisfactory performance; • A monthly car allowance; and • The right to sell back accrued leave. That agreement has now expired. Recognizing that the City is still enduring a period of difficult economic conditions and recognizing that significant structural changes to employee benefits are necessary for the long- term fiscal health of the City, the City Manager has voluntarily agreed to the following items for long-term savings and short-term savings: Long-term: • The successor of the incumbent City Manager will be subject to a second tier plan of 2% at age 60 using a three-year average compensation to determine retirement benefits. • The successor of the incumbent City Manager will be subject to limitation on the City’s contribution for medical insurance including a specific amount set for each tier of coverage, with the employee paying the amount above the City’s contribution level. ($600 for employee only, $1200 for employee and one dependent, and $1500 for employee and two or more dependents). Short-term: 170 Page 2 of 2 • Effective July 1, 2011, the City Manager will contribute 7% of his compensation on a pre-tax basis for the employee share of the CalPERS retirement program. • Effective July 1, 2011, the City Manager will reduce his car allowance by $125 per month and receive an allowance of $375 per month. The City Manager made this offer voluntarily and was not asked to do so by any City representative or member of the City Council. The City Manager understands and agrees that the City’s acceptance of this offer to forego the benefits described above will not constitute a reduction in salary or benefits for the purposes of section III.A.2 of the City Manager’s current employment agreement. FISCAL IMPACTS: In FY 2011-12, there will be a savings of approximately $14,580.00. In addition, there will be ongoing cumulative savings each subsequent year. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Manager would continue to receive benefits as per his unmodified contract. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Payroll schedule will be adjusted to deduct the employee portion of the CalPERS contribution from the gross salary of the City Manager and will register a $125 per month reduction in the amount of auto allowance granted. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 2. Agreement Modifying City Manager Employment Contract 171 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING AGREEMENTS WITH THE CITY MANAGER FOR REDUCTIONS WHEREAS, the City of Saratoga (City) and the City Manager entered into an employment agreement effective September 20, 2007 (attested by the City Clerk September 20, 2007); and WHEREAS, the City Manager has voluntarily agreed to reduce compensation and benefits effective July 1, 2011 as described in the attached Exhibit A to this resolution; and WHEREAS, this Council finds that the provisions and agreements contained in said Agreement fair and proper and in the best interest of the City; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions contained in the Agreement signed by the City Manager on July 1, 2011(attached as Exhibit A to this resolution) is hereby adopted. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 6th day of July 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 172 173 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: Deanna Mouser DIRECTOR: Richard Taylor Chief Labor Negotiator City Attorney SUBJECT: Unrepresented Regular Employee (Human Resources Manager) RECOMMENDED ACTION: Adopt resolution and authorize the Mayor to sign the voluntary compensation and benefits waiver agreement signed by the Human Resources Manager. BACKGROUND: The Human Resources Manager position is a regular, single incumbent position. The position is unrepresented due to the nature of the position being confidential based on its role on the City’s labor negotiations team and its ongoing labor relations responsibilities and duties performed on behalf of the City. Recognizing that the City is still enduring a period of difficult economic conditions and recognizing that significant structural changes to employee benefits are necessary for the long- term fiscal health of the City, the Human Resources Manager has voluntarily agreed to the following items for long-term savings and short-term savings: Long-term: • For employees hired into confidential Human Resources positions after July 1, 2011, the City’s contribution for medical insurance will be a specific amount set for each tier of coverage, with the employee paying the amount above the City’s contribution level. ($600 for employee only, $1200 for employee and one dependent, and $1500 for employee and two or more dependents). • For employees hired into confidential Human Resources positions after the City completes the PERS-required process, the retirement plan will be a second tier plan of 2% at age 60 plan using a three-year average compensation to determine retirement benefits. • Elimination of the longevity steps (performance incentive compensation) (impacting both the incumbent HR Manager and future hires). Short-term: 174 Page 2 of 2 • Effective July 1, 2011, the Human Resources Manager will contribute 7% of her compensation on a pre-tax basis for the employee share of the CalPERS retirement program. • These items will remain in place for 4 years and will continue thereafter unless negotiated otherwise. • Council ratification of the attached agreement is an agreement that this agreement is sufficient to address the HR Manager’s portion of the budget shortfall and further reductions will not be sought from the HR Manager. The Human Resources Manager made this offer voluntarily and was not asked to do so by any City representative or member of the City Council. FISCAL IMPACTS: In FY 2011-12, there will be a savings of approximately $9,300.00. In addition, there will be ongoing cumulative savings. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Human Resources Manager would continue to receive existing benefits. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Payroll schedule will be adjusted to deduct the employee portion of the CALPERS contribution in the amount of 7% from the gross salary of the Human Resources Manager. In addition, payroll and human resource divisions will remove the position of Human Resources Manager as an eligible position for Performance Incentive Compensation (Longevity) effective July 1, 2011. The future scheduled longevity pay for the current Human Resources Incumbent will be cancelled. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 2. Voluntary Agreement by Human Resources Manager Incumbent 175 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING AGREEMENT WITH THE HUMAN RESOURCES MANAGER FOR REDUCTIONS WHEREAS, the City of Saratoga (City) and the currently employed Human Resources Manager (unrepresented regular position) have an employment relationship; WHEREAS, the City Human Resources Manager voluntarily agreed to reduce compensation and benefits effective July 1, 2011 as described in the attached Exhibit A to this resolution; and WHEREAS, this Council finds that the provisions and agreements contained in said Agreement fair and proper and in the best interest of the City; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions contained in the Agreement signed by the Human Resources Manager on July 1, 2011(attached as Exhibit A to this resolution) are hereby adopted. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 6th day of July 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 176 177 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: D. Mouser and M. LaBossiere DIRECTOR: Richard Taylor Labor Negotiating Team City Attorney SUBJECT: SMO (Saratoga Management Organization) Side Letters of Agreement for Reductions RECOMMENDED ACTION: Adopt resolution referencing the three Side Letters of Agreement with SMO agreeing to both short-term and long-term reductions in compensation and/or benefits currently provided to the SMO-represented employees. BACKGROUND: SMO is the labor organization or exclusive representative of the directors employed by the City. SMO and the City’s labor negotiations team have met several times to bargain new economic terms effective July 1, 2011, to support the City’s concern of declining revenue. Recognizing that the City is still enduring a period of difficult economic conditions and recognizing that significant structural changes to employee benefits are necessary for the long-term fiscal health of the City, SMO and the City’s negotiations team reached three side letter agreements that contain the following items for long-term savings and short-term savings: Long-term: • For employees hired after July 1, 2011, the City’s contribution for medical insurance will be a specific amount set for each tier of coverage, with the employee paying the amount above the City’s contribution level. ($600 for employee only, $1200 for employee and one dependent, and $1500 for employee and two or more dependents). • For employees hired after the City completes the PERS-required process, the retirement plan will be a second tier plan of 2% at age 60 plan using a three-year average compensation to determine retirement benefits. • Elimination of the longevity steps (performance incentive compensation) language from the Memorandum of Understanding (impacting both current employees and future hires). Short-term: 178 Page 2 of 2 • Effective July 1, 2011, each SMO unit member will contribute 7% of his/her compensation on a pre-tax basis for the employee share of the CalPERS retirement program. • Effective July 1, 2011, each SMO unit member will reduce his/her car allowance by $125 per month and receive an allowance of $275 per month. • These items will remain in place for 4 years and will continue thereafter unless negotiated otherwise. • Council ratification of these three side letters is an agreement that these agreements are sufficient to address SMO’s portion of the budget shortfall and further reductions will not be sought from SMO. • The parties will continue to meet to discuss contract language issues. FISCAL IMPACTS: The monetary savings on a yearly basis is cumulative. In Fiscal Year 2011-2012, the savings will be approximately $51,000 in total compensation and benefits. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: SMO unit members would continue to receive benefits as per SMO’s Memorandum of Understanding. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Payroll schedule will be adjusted to deduct the employee portion of the CalPERS contribution from the gross salary of each SMO unit member and will register a $125 per month reduction in the amount of auto allowance granted. In addition, payroll and human resource divisions will remove the SMO positions as eligible positions for Performance Incentive Compensation (Longevity) effective July 1, 2011. The future scheduled longevity pay for SMO positions will be cancelled. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Resolution 2. Three Side Letters of Agreement dated June 7, June 23, and June 30, 2011 179 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING SIDE LETTER AGREEMENTS WITH THE SMO (SARATOGA MANAGEMENT ORGANIZATION) FOR REDUCTIONS WHEREAS, the City of Saratoga (City) and the Saratoga Management Organization (SMO) entered into a Memorandum of Understanding effective July 1, 2007 through September 30, 2011; and WHEREAS, representatives of the City and SMO have met and conferred in good faith regarding proposed amendments to the MOU and reached tentative side letter agreements dated June 7, June 23, and June 30, 2011 for an effective date of July 1, 2011 attached as Exhibit A to this resolution; and WHEREAS, SMO has previously ratified the terms and conditions of the side letter agreements dated June 7, June 23, and June 30, 2011 for an effective date of July 1, 2011 attached as Exhibit A to this resolution; and WHEREAS, this Council finds that the provisions and agreements contained in said side letter agreements fair and proper and in the best interest of the City; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions contained in the side letter agreements dated June 7, June 23, and June 30, 2011 attached as Exhibit A to this resolution are hereby adopted. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 6th day of July 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 180 181 182 183 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Confirmation of Report and Assessment of 2011 Weed/Brush Abatement Program RECOMMENDED ACTION: Open public hearing, close public hearing, and adopt resolution confirming report and assessment of hazardous vegetation abatement charges. REPORT SUMMARY: Under State and local laws, local governments routinely abate the seasonal hazardous vegetation on undeveloped property. For the County and several cities, including Saratoga, this hazardous vegetation abatement program is administered by the Office of the Agricultural Commissioner. In many cases, property owners find it convenient to have the government take care of the weed removal and to pay through a property tax lien. The compliance deadline to destroy weeds/brush for Saratoga was April 15, 2011. The County of Santa Clara conducted inspections after this date to ensure compliance. One property was not in compliance by the April 15, 2011 deadline and remained non-compliant as of the date the Assessment Report was submitted to the Saratoga City Clerk’s office on June 29, 2011. The attached list, (Attachment A) notes the parcel that remains non-compliant. If the property owner completes the abatement work prior to the County contractor performing the abatement, the property owner will incur no additional charges, other than the $250 inspection fee and the $41 County administrative fee for creating and maintaining the file in the data base. Should the abatement work be completed by a County contractor, the property owner will be assessed the contractor’s charges plus a County administrative fee of $169. The total amount will be included as a special assessment on the property owner’s tax bill following confirmation of the charges. The attached list also reflects 15 new properties that were added to the list. Those properties will be assessed the $41 administrative fee for creating and maintaining the file in the County’s data base and will be included in the next Weed Abatement program, which begins later this year. FISCAL IMPACTS: Assessment of 2011 184 None to the City if resolution is adopted. The City may be liable for work performed by contractor for any assessments not levied. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send a certified copy of the adopted resolution to Moe Kumre, Weed Abatement Program Coordinator, Santa Clara County Department of Agriculture and Environmental Management, 1553 Berger Drive – Building 1, San Jose, CA 95112. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Pubic Hearing was published in the Saratoga News on June 30, 2009, as required by law (Attachment C). ATTACHMENTS: Attachment A: 2011 Weed Abatement Program Assessment Report for City of Saratoga Attachment B: Resolution Confirming Report and Assessment of Hazardous Vegetation Abatement Charges Attachment C: Notice of Public Hearing Ad 185 186 RESOLUTION NO. 11 – RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION ABATEMENT CHARGES WHEREAS, at a regular meeting held on July 6, 2011, the Office of the Agricultural Commissioner submitted a report to this City Council consisting of all unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Chapter 7 of the Saratoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2011 Weed Abatement Program, Assessment Report, City of Saratoga, prepared by the Office of the Agricultural Commissioner, which report is attached hereto as Exhibit A and incorporated herein by reference, be and hereby is confirmed. Should the abatement work be completed by a County contractor, the property owner will be assessed the contractor’s charges plus a County administrative fee of $169. The total amount will be included as a special assessment on the property owner’s tax bill following confirmation of the charges; and the Santa Clara County Auditor will be directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 6th day of July 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: Ann Sullivan, City Clerk 187 NOTICE OF HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City Clerk of the City of Saratoga, California, has set WEDNESDAY, THE 6TH DAY OF JULY, 2011 AT 7:00 P.M. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearings on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEEDS AND BRUSH ABATEMENT CHARGES. All interested persons may appear and be heard at the above time and place. If you challenge the subject projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice in written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council’s information packet, written communications should be filed on or before the Wednesday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue. Questions may be addressed to the City Clerk at 868-1269. /s/Ann Sullivan, CMC City Clerk PUB: 06/21/11 188 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Authorization to Submit Funding Proposal to the State Community Development Block Grant Program for 2008 Disaster Recovery Initiative Funding RECOMMENDED ACTION: Open public hearing; listen to public testimony; close public hearing; and adopt resolution authorizing submittal of an application for funding and the execution of a grant agreement and any amendments thereto from the 2008 Disaster Recovery Initiative (DRI) allocation of the State CDBG Program. BACKGROUND: At the June 15, 2011 City Council meeting, staff was authorized to prepare a funding proposal for the 2008 DRI Program. This program was developed in response to the presidentially declared 2008 California wildfires. Local governments in the counties impacted by the 2008 wildfires can apply for DRI funds for housing rehabilitation, public facilities, public improvements, public services, or hazard mitigation planning activities. Those not directly impacted by the wildfires, including Saratoga, can only apply for DRI funds for hazard mitigation planning activities. Saratoga is eligible to apply for up to $250,000 in DRI funds. Suggested hazard mitigation planning activities include creating or updating local hazard mitigation plans or General Plan Safety Elements. Because the City’s local hazard mitigation plan has just been updated, staff recommended applying for DRI funds to update the Safety Element. The last update was made in 1987. The Safety Element update is expected to cost approximately $171,500. Grantees are allowed to use up to two percent (2%) of the total grant amount for reasonable general administrative expenses. Consequently, staff is proposing to apply for $175,000 in DRI funds. If DRI funds are received, a request for proposals would be issued for knowledgeable consultants to: - Develop and or update maps pertaining to earthquakes, flooding, fire hazards, and geological hazards; - Incorporate the most up-to-date maps; - Reference the City’s updated Emergency Preparedness Plan; 189 Page 2 of 2 - Incorporate as an annex the recently completed update to the federally mandated plan for disaster mitigation planning; - Undertake any environmental study requirements pertinent to the update; and - Any related work that would technically update the Safety Element. The DRI Program does not require matching funds and funding is awarded using a non- competitive over-the-counter application process. Funds are awarded on a first-come-first-serve basis. FISCAL IMPACTS: If DRI funding is awarded, some staff time will be required in order to perform general administrative functions, such as grant management, coordination, evaluation and reporting. Grantees are allowed to use up to two percent (2%) of the total grant amount for reasonable general administrative expenses. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City will not submit an application for DRI funding to update the City’s Safety Element. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Submit DRI funding proposal and execute grant agreement if DRI funds are allocated to the City. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. A public notice for this item was also included in the Saratoga News on June 21, 2011. ATTACHMENTS: Attachment A: Resolution authorizing submittal of an application for funding and the execution of a grant agreement and any amendments thereto from the 2008 DRI allocation of the State CDBG Program 190 RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2008 DRI ALLOCATION OF THE STATE CDBG PROGRAM WHEREAS, in May 2010, in response to the Presidentially Declared 2008 California Wildfire Disasters, the State of California Department of Housing and Community Development began a Disaster Recovery Initiative (DRI) Program; and WHEREAS, eligible DRI applicants include jurisdictions in Santa Clara County; and WHEREAS, jurisdictions that were not directly impacted by the 2008 wildfires may only apply for DRI funds for hazard mitigation planning activities, such as updating or creating the General Plan Safety Element; and WHEREAS, Saratoga is eligible to apply for up to $250,000 to update the City’s Safety Element; and WHEREAS, the purpose of the Safety Element, last updated in October 1987, is to protect the community from any unreasonable risks associated with fire, geological activity and instabilities, flooding, combinations of these hazards, and the ability of manmade structures to withstand these conditions; and WHEREAS, the City of Saratoga recently submitted an update to its Local Hazard Mitigation Plan (LHMP), in response to Federal government requirements under the Disaster Mitigation Act of 2000, and timing is appropriate to incorporate the LHMP as an annex to the Safety Element of the General Plan; and WHEREAS, the City of Saratoga has met the federal Citizen Participation requirements during the development of this application. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby: 1. Approves the filing of an application for grant funding through the 2008 Disaster Recovery Initiative Program for up to $175,000 ($3,500 for General Program Administration and $171,500 for Safety Element update); and 2. Appoints Dave Anderson, City Manager, as its Authorized Representative to execute and submit all documents including, but not limited to applications, grant agreements and any subsequent amendments with the State of California for the purposes of this grant, and payment requests that may be necessary for the completion of the project detailed in the City’s grant application. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of July 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Howard A. Miller, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 191 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Cherbone SUBJECT: Ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. RECOMMENDED ACTION: Introduce and waive the first reading of the attached ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. Direct staff to place the ordinance on the consent calendar for approval at the next meeting of the City Council. . REPORT SUMMARY: In 2010 the City adopted amendments to the State Fire Code requiring sprinkler systems to be included in all new construction with certain exceptions. This was based on the recommendation of local fire officials due to high fire hazard conditions in the area. In the course of designing the carports to support the solar panels in the City’s corporation yard, staff became aware that the new requirements are broad enough to include simple parking structures such as those required for the solar panel supports. Upon investigation staff learned that other jurisdictions, such as the City of Livermore, Napa County, San Mateo County, and Santa Rosa have exempted low fire hazard parking structures from the sprinkler requirements. After consulting with local fire officials, staff has prepared the attached amendment to the City Code to exempt low risk parking structures. The attached ordinance would exempt from the sprinkler requirements single-level parking structures that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. These are similar to exemptions in other jurisdictions and will ensure that the structure’s design poses little fire risk. FISCAL IMPACTS: No impact. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will continue to require sprinkler systems for all parking structures. This will increase the cost of such structures. In the case of the parking structures to support the solar panels, preliminary estimates are that the sprinkler system would add approximately $20,000 to the cost. 192 ALTERNATIVE ACTION: Adopt different standards for structures eligible for the exemption. FOLLOW UP ACTION: Place the ordinance on the consent calendar for adoption at the next City Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of the item was published in the Saratoga News on June 28, 2011. ATTACHMENTS: 1. Proposed Ordinance 193 1 Ordinance No. __________ An Ordinance Amending the Fire Code for the City of Saratoga. THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares that the City has adopted Residential Building and Fire Codes for the City of Saratoga that are more restrictive than State law by requiring the installation of automatic sprinklers in most newly constructed structures in the City. After consultation with local fire officials the City has determined that these requirements are unnecessary for carport structures which are constructed of noncombustible materials and are located at a distance from adjoining structures and properties. Section 2. Adoption. Section 16-20.110 of the Saratoga City Code concerning automatic sprinklers is amended as shown below (text to be added is shown in bold double underline (example) and text to be deleted is shown in strikeout (example); text in regular font is unchanged by this ordinance): 16-20.110 Amendments to Chapter 9 of the Fire Code: Fire Protection Systems (a) Section 903.2 is amended to read: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy garages as regulated in Section 903.2.19) and structures that do not 194 2 exceed 1,000 square feet of building area and that are not located in the Wildland- Urban Interface Fire Area. b. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy garages as regulated in Section 903.2.19) and structures that are located in the Wildland-Urban Interface Fire Area and do not exceed 500 square feet of building area. c. Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 2. An automatic sprinkler system shall be provided throughout existing buildings and structures, when additions are made that increase the building area to more than 3,600 square feet. Exceptions: a. A one-time addition to an existing building that does not total more than 1000 square feet of building area. b. Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 3. An automatic sprinkler system shall be provided throughout all new basements regardless of size and throughout existing basements that are expanded by more than 50%. (b) Subsection 903.2.19 is added to the Fire Code to read as follows: 903.2.19 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of motor vehicles shall be equipped with an automatic sprinkler system: 1. Any newly constructed attached or detached garage. 195 3 Exception: Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added to, or expanded so as to increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equaling or exceeding the above fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. Exception: Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 3. Any existing garage which is altered, added to, or expanded so as to increase the size of such garage by either 200 or more square feet or thirty-three or more percent of the original size, whichever is less. Exception: Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. The area of a garage shall include all contiguous areas within the structure utilized for workshop or storage purposes which are not constructed as habitable space in accordance with the requirements of this Code, whether or not such contiguous areas are designed or utilized for the storage of motor vehicles. 196 4 Any automatic sprinkler system installed pursuant to this Section shall comply with the standards set forth in National Fire Protection Association Document 13D. All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow switches that are connected to audible warning devices of sufficient number and adequately located within the dwelling so as to cause, when activated, a level of audibility of not less than fifteen decibels above ambient noise levels measured four feet above the floor with bedroom doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed is required to be equipped with an early warning fire alarm system pursuant to Chapter 16, Article 16-60 of the Saratoga Municipal Code, the water flow switches referred to herein shall also be connected to the digital alarm communicator transmitter or the fire alarm control panel described in Section 16-60.020 of said Code. However, if the dwelling serviced by the garage is not equipped with such early warning fire alarm system, the water flow switches shall be connected to an outside audible alarm that will cause, when activated, a level of audibility at the property line nearest to the alarm of not less than fifteen decibels above the ambient noise level at such property line. The provisions contained herein shall apply to both attached and detached garages. (c) Section 903.1.1 is amended to read: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as provided in Section 903.3.1.1.1 and local standards. 1. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group (d) Section 903.3.1.2 is amended to read: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height , automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R and local standards. (e) Section 903.3.1.3 is amended to read: 197 5 903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13D and local standards. (f) Section 912.2 is amended to read: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the building for other fire apparatus. The location of fire department connections shall be approved by the fire code official. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. 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. - Continued Next Page - 198 6 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of July 2011, and was adopted by the following vote following a second reading on the 17th day of August 2011: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ __ Howard Miller MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ __ Ann Sullivan CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 199 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Wildwood Cinema Movie Night RECOMMENDED ACTION: Accept report and provide direction on the Park and Recreation Commission’s recommendation that the Council pass a resolution allowing Wildwood Park to remain open until 10:00 p.m. on September 10, 2011 for Wildwood Cinema Movie night and allocate $1800 towards the event. BACKGROUND: At the City Council’s joint meeting with the Parks and Recreation Commission (“Commission”) in May 2011, the Commission requested to hold another outdoor movie event. In September 2010, Wildwood Cinema Movie Night attracted approximately 100 people. This year, the Commission hopes to draw 150-200 people to view Disney-Pixar’s Up. To hold the event in Wildwood Park on September 10, 2011, Council will need to pass the attached resolution extending the park’s hours until 10:00 p.m. on the night of event. Per City Code (11-05.020), Saratoga parks close half an hour after sunset and park hours can be temporarily adjusted by a resolution of the City Council. Additionally, the Commission is recommending that the Council allocate $1800 to cover the cost of the event. Expenses include movie equipment rental, movie rental and licensing, and Public Works staffing at the event. If the Council chooses to fund the event, there is currently $10,000 available in the Community Event Fund. Last year, the Wildwood Cinema Movie Night event cost was approximately $1700. FISCAL IMPACTS: The Commission is requesting the Council sponsor the proposed outdoor movie night event and allocate $1800 to pay for the full cost of the events. There is currently $10,000 in the Community Event Fund, should the Council decide to use this money to fund outdoor movie night events. 200 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: If the resolution extending Wildwood Park hours until 10:00 p.m. on September 10, 2011 is not passed, Wildwood Cinema Movie Night will not take place. The event will not be scheduled if funding is not allocated. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution extending park hours for Wildwood Cinema Movie Night 201 RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA EXTENDING THE HOURS OF CITY PARKS TO 10:00 P.M. FOR CITY MOVIE NIGHT EVENTS WHEREAS, the Parks and Recreation Commission (“Commission”) proposes to show a movie in Wildwood Park on September 11, 2010 from 7:30 p.m. to 9:30 p.m. with cleanup complete by 10:00 p.m.; and WHEREAS, the Commission has titled this event “Wildwood Cinema Movie Night”; and WHEREAS, per City Code (11-05.020), Saratoga parks close thirty minutes after sunset; and WHEREAS, City Code (11-05.020) allows park hours to be temporarily adjusted by resolution of the City Council; and WHEREAS, the Commission is requesting that the hours of a Wildwood Park be temporarily extended to 10:00 p.m. on September 10, 2011 for Wildwood Cinema Movie Night; NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes an extension of Wildwood Park hours to 10:00 p.m. on September 10, 2011 for Wildwood Cinema Movie Night. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of July 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Howard A. Miller, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 202 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Designation of Voting Delegate for League of California Cities Annual Conference 2011 RECOMMENDED ACTION: Designate a voting delegate and alternate for the League’s Annual Conference. REPORT SUMMARY: The League of California Cities Annual Conference is scheduled for Wednesday, September 21 through Friday, September 23, 2011. The League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. The deadline to return the “Voting Delegate Form” to the League of California Cities is Friday, August 26, 2011. Attached to this staff report is the Letter from the League of California Cities, the Conference Voting Procedures for 2011, and the 2011 Voting Delegate / Alternate Form. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga would not have a voting delegate at the 2011 League Conference. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Clerk will mail “Voting Delegate Form” to the League of California Cities prior to the Friday, August 26, 2011 deadline. ADVERTISING, NOTICING, AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 203 ATTACHMENTS: Attachment A – Letter from the League of California Cities, Conference Voting Procedures and Voting Delegate Form. 204 205 206 207 208 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Chris Riordan SUBJECT: Preannexation Agreement and Initiation of Annexation for 19351 Redberry Drive (APN 510-25-062) RECOMMENDED ACTION: Approve attached Preannexation Agreement and resolution initiating annexation of 19351 Redberry Drive (APN 510-25-062), an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and within the City’s Sphere of Influence and Urban Service Boundaries. REPORT SUMMARY: The City has received a request from the owners of 19351 Redberry Drive (“Applicants”) that their property be annexed into the City of Saratoga. The request is supported by nearby landowners at 19403 and 19370 Redberry Drive and 19280 Bainter Avenue (“Neighbors”). The annexation would occur subject to existing County approvals of a major remodel of the main house and a new second unit that comply with the County Code but not certain portions of the Saratoga Code; the City would accept the County approvals as legal non- conforming structures and be responsible for issuing and administering grading, building, and other permits consistent with the County approvals and subject to certain modifications described in the Preannexation Agreement. The parcel conforms to the applicable land use and density criteria contained in the City Code and the General Plan. The parcel has a General Plan designation of Hillside Open Space (OS-H) and is located in the Hillside Residential (HR) Prezone area. PROPOSED PREANNEXATION AGREEMENT: In 2010 the Applicants applied for and received County approvals for a major remodel of the existing main house and for construction of a second unit. The Neighbors challenged those approvals and the parties explored opportunities for resolving their differences outside of court and the County appeals process. The parties have reached a settlement calling for certain modifications to the project as approved by the County, annexation to the City, and City administration and oversight of the building process. (Details on the history of the process are included in the recitals to the Preannexation Agreement included as Attachment 1.) The attached Preannexation Agreement sets forth the terms under which the City would annex the property and process permits for the remodel and second unit to be located as described in Exhibit B to the agreement. The agreement was prepared by the Owner and the Neighbors and modified somewhat by staff. The Owner and the Neighbors have agreed to all staff’s changes. 209 The Preannexation Agreement provides that the City would annex the property subject to the existing County approvals (and modifications agreed to by the Owners and Neighbors described in Exhibit B) such that the building plans and a future swimming pool/deck application would not be subject to compliance with the City’s zoning regulations. The project was designed to comply with County development standards and does not comply with several City standards (e.g., height, floor area (due to basement floor area), graded material volume, impervious surface, and possibly setbacks). As with annexations of existing structures built to conform to County but not City standards, the proposed structures on the annexed property would be considered as legal non-conforming structures in accordance with section 15-65.035(a) of the City Code. A copy of the County approvals will be available for review in the Community Development Department beginning Tuesday, July 5. The Preannexation Agreement provides that the City would be responsible for issuing, administering, monitoring and enforcing all permits required to move forward with the County approvals as modified by the Preannexation Agreement. Because the County approvals were issued in 2010 the City would apply the Building Regulations from Chapter 16 of the City Code that were in effect in 2010. The applicants would pay all applicable City fees for the requested permits. The applicants could apply for necessary permits any time after approval of the Preannexation Agreement but the City may not issue any permits until the annexation has been completed. ANNEXATION PROCEDURES: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed independently of LAFCO in processing annexation applications within the City’s Urban Service Area (Government Code Section 56757). A public meeting and noticing is not necessary and the City Council may consider the Initiation of Annexation as a routine agenda item at a regular meeting and may waive protest proceedings because the annexation is being made by a petition with 100 percent consent of the property owner. The Act requires that cities follow the procedures used by LAFCO to the extent practicable. The Act establishes a three-part process for annexations: (1) Initiation of Annexation; (2) Protest Proceedings which may be waived by the City Council; and (3) Approval of Annexation. Furthermore, the City Council is required to make findings pursuant to Government Code Section 56757 prior to adopting the resolution approving the annexation. After the resolution is adopted, a certified copy of the resolution and paperwork is submitted to LAFCO. The Act and other state laws require the preparation of a number of documents as part of the annexation process. These documents fall into three categories: a service plan, LAFCO materials, and the California Environmental Quality Act (CEQA) materials. These are described below: Service Plan All annexations are to begin with a proposed service plan for the area to be annexed. This plan includes a description of the parcel to be annexed; the reasons for the proposal; and a listing and description including the level, range, any change to, and financing of services to be provided to the annexed parcel (see attachment 2). The service plan should also include an indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions that the City would impose or require on the annexed lands. No improvements or upgrades are recommended as part of this proposal and all services will be consistent with the current conditions. 210 LAFCO Materials – Cities in Santa Clara County proceeding independently of LAFCO are required to make the findings listed below before approving an annexation. The formal findings need not be made until the adoption of the final annexation resolution. Each finding is followed by a brief description of Staff’s review. • That the unincorporated territory is within the urban service area of the city as adopted by Commission. Staff had confirmed that the property to be annexed is within the City’s Urban Service Area. • That the County Surveyor has determined the boundaries of the proposal to be definite and certain, and in compliance with LAFCO’s road annexation policies. A map will be prepared and provided to the County Surveyor once initiation of annexation has been approved by the City Council. • That the proposal does not split lines of assessment or ownership. Staff has determined that the property to be annexed does not split lines of assessment or ownership. • That the proposal does not create islands or areas in which it would be difficult to provide municipal services. Staff has reviewed the geography of the proposed annexation and concluded that it would not create an island or present difficulties in providing municipal services since the majority of the services will remain unchanged. • That the proposal is consistent with the adopted General Plan of the City. The land use designation for the annexation parcel is OS-H (Hillside Open Space). The land has been pre-zoned HR (Hillside Residential) which is consistent with the General Plan Designation and the nearby zoning. The General Plan provides that lands in the hillsides should be considered for annexation if they meet the following Policy: Policy LU 14 – Land shall not be annexed to Saratoga unless it is contiguous to the existing city limits, within the Sphere of Influence, and it is determined by the city that public services can be provided without unreasonable cost to the City and dilution of services to existing residents. As discussed throughout this document, the annexation parcel is contiguous to the existing city limits, is within the Sphere of Influence, and has existing public services that would not unreasonably change the cost to the City or dilute services to existing residents. California Environmental Quality Act -- Annexations are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15319). The Category 19 Exemption includes annexations of individual small parcels of the minimum size for facilities exempted by Section 15303 which exempts up to three single-family residences. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question 211 may have a significant effect on the environment, the activity is not subject to CEQA. This annexation would not have the potential to cause a significant effect on the environment because the area contains existing public utilities. FISCAL IMPACTS: No impact. The applicant is responsible for all City review fees and County of Santa Clara processing fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Future development of the parcel would be subject to requirements of Santa Clara County in lieu of City of Saratoga development standards. ALTERNATIVE ACTION: Deny the proposed resolution initiating annexation and provide Staff with direction. FOLLOW UP ACTION: Work with the applicant to have the annexation map prepared for review by the County Surveyor and return to the City Council for final annexation approval upon completion of that review. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing is not required. ATTACHMENTS: 1. Proposed Pre-annexation Agreement showing staff recommended revisions 2. Resolution approving Initiation of the Annexation 3. List of Services Report 212 FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT (“Agreement”) is made and entered into this __ day of ________ , 2011 by and between the CITY OF SARATOGA (“City”), a municipal corporation of the State of California, Fariba Farahanchi and Nima Mokhlesi (collectively “the Farahanchi/Mokhlesis”), John Holton and Wanda Kownacki (“the Holton/Kownackis”), and Jim Pfeiffer (“Pfeiffer”, and collectively with the Holton/Kownackis, “the Neighbors”). The Farahanchi/Mokhlesis are sometimes referred to herein as “the Owners” and the Owners, City and Neighbors are collectively referred to herein as “the Parties.” RECITALS A. WHEREAS, the Farahanchi/Mokhlesis are the owners of a certain parcel of real property located at 19351 Redberry Drive in the County of Santa Clara and more particularly described in Exhibit A, attached hereto and incorporated herein (“Property”); B. WHEREAS, Pfeiffer is the owner of a certain parcel of real property located in the unincorporated County of Santa Clara at 19403 Redberry Drive, Los Gatos, California; C. WHEREAS, the Holton/Kownackis are the owners of certain parcels of real property located in the County of Santa Clara at 19280 Bainter Ave, Los Gatos (though within the city limits of Saratoga), California and 19370 Redberry Drive, Los Gatos (though within the city limits of Saratoga), California; D. WHEREAS, the Farahanchi/Mokhlesis Property is located in unincorporated Santa Clara County adjacent to the city limits of Saratoga, is within the Saratoga Sphere of Influence and Urban Service Area and is developed with a single family dwelling; E. WHEREAS, in 2010, the Farahanchi/Mokhlesis applied to the County of Santa Clara for approvals necessary to remodel/add to the existing main house and to construct a secondary house more than 50 feet from the main house on the Property (collectively, the “Farahanchi/Mokhlesi Applications”); F. WHEREAS, in 2010, the County approved the Farahanchi/Mokhlesi’s Applications relating to the main house and driveway, consisting of: 1) a grading permit; 2) design review exemption; 3) exemption from environmental review; 4) issuance of a tree removal permit for two oak trees; and 5) issuance of a building permit (collectively the “County Main House Approvals”); G. WHEREAS, in 2010, the County Zoning Administrator approved the Farahanchi/Mokhlesi’s Application related to the location of the secondary unit (“County Secondary House Approval”; the County Main House Approvals and County Secondary House Approval are sometimes collectively referred to as the “County Approvals”); H. WHEREAS, on December 15, 2010, the Neighbors appealed the County Secondary House Approval to the County Planning Commission; 213 I. WHEREAS, on January 18, 2011, the Neighbors initiated a lawsuit against the County and the Owners regarding the County Approvals, as Action No. 111-CV-192055, Santa Clara County Superior Court; J. WHEREAS, on April 7, 2011, the County Planning Commission denied the Neighbors’ appeal of the County Secondary House Approval; K. WHEREAS, on or about April 25, 2011, the Neighbors appealed the County Secondary House Approval to the County Board of Supervisors; L. WHEREAS, the Owners and Neighbors are willing to agree to modification of the County Approvals to include a number of modified and additional conditions, attached hereto as Exhibit B (the “Modifying/Additional Conditions”); M. WHEREAS, as provided herein, the Parties intend and agree that the Property be annexed to the City; N. WHEREAS, annexation of the Property to the City in accordance with the terms of this Agreement will result in rational comprehensive planning and foster predictability, certainty, economy and efficiency in future land use planning and will establish a permanent and definable border between the City and the County of Santa Clara in furtherance of State, County and City policies and consistent with West Valley Hillsides Preservation Strategies, Strategy #2, Action 1 and Action 2; O. WHEREAS, as provided herein, the Parties intend and agree that the City shall be the entity responsible for issuing, administering, monitoring and enforcing all permits approved as part of the County Approvals and issuing, administering, monitoring and enforcing all building permit and all other necessary permits and approvals pursuant to the terms of the County Approvals, as modified and amended by the Modifying/Additional Conditions (collectively the "Modified Approvals"), to allow for the remodel/addition to the primary dwelling and construction of the secondary dwelling unit on the Property; P. WHEREAS. Owners and Neighbors have jointly submitted to City the documents comprising the County Approvals by letter dated July __, 2011 with the understanding that the Secondary House Approval is the subject of a pending appeal to the County which will be moot if the Property is annexed to the City. Q. WHEREAS, the purpose of this Agreement is to set forth the City’s and Farahanchi/Mokhlesi’s respective responsibilities in pursuing annexation of the Property; NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows: 1. Annexation. The Parties agree that in order to provide for rational long-term land use planning and to establish a permanent and definable border between the City and County of Santa Clara, the Property should be annexed to the City. City agrees to take the steps necessary to achieve annexation of the Property at the soonest possible opportunity. Owners hereby consent to annexation of the Property and agree to support said annexation. 2. City Processing of Modified Approvals. 214 a. The City agrees to accept the Modified Approvals and to be the entity responsible for issuing, administering, monitoring and enforcing all permits necessary for development of the improvements contemplated by the Modified Approvals, including the grading permit and building permits, and the Farahanchi/Mokhlesis agree to accept the Modified Approvals and to construct their main house remodel/addition and secondary unit in accordance with the Modified Approvals and to pay all fees and submit all materials required for the City to process the annexation, issue, administer, monitor and enforce the Modified Approvals and all necessary permits and approvals. To the extent practicable without prejudicing previously submitted requests for City approvals, the City further agrees to expedite processing of all applications submitted by the Farahanchi/Mokhlesis for the Modified Approvals and to expedite issuance of all necessary permits and approvals. b. All Parties recognize that the development described by the Modified Approvals may be inconsistent in certain respects with otherwise applicable City standards set forth in certain regulations contained in the City Code that regulate the topics identified in Exhibit C attached hereto. Nevertheless, the Parties agree that in processing and approving the permits for the project the City will not require compliance with the City Code provisions that would be inconsistent with the development of the Modified Approvals, including but not limited to those regulations that regulate the topics identified in Exhibit C, but only to the extent necessary to allow Owners to build the development described by the Modified Approvals. The main house, secondary house, pool and related hardscape built as contemplated in Exhibit B to this Agreement shall be treated as though constructed prior to annexation, and therefore as legal nonconforming structures pursuant to Section 15-65.035(a) of the City Code. c. The Parties agree that the City will require compliance with the City building standards set forth in Chapter 16 of the Saratoga City Code that may not apply to development within the County; for example inclusion of an Early Warning Alarm System. Because the City grading, building, and other permits will be replacing building, grading, and other permits issued by the County in 2010, the standards set forth in Chapter 16 of the Saratoga City Code as of December 31, 2010 shall be the standards applied in connection with the Modified Approvals. d. With respect to Exhibit B hereto, the Parties agree that notwithstanding anything to the contrary in that exhibit: (i) all references to “Plans” refer to the development plans approved by the County Building Department as part of building permit No. 46049 issued on 12/15/10; (ii) all references to “the City’s consulting arborist” refer to the arborist on staff in the Community Development Department or, at City’s sole discretion, a consulting arborist to be selected by the City; (iii) if called upon to make determinations pursuant to sections 2.d or 4b the arborist shall apply only the standards set forth in Exhibit B in those paragraphs and those decisions shall not be construed as decisions pursuant to the Saratoga City Code. 3. Timing of Annexation. The City shall consider initiating annexation of the Property at its July 6, 2011 City Council Meeting. Should the City approve the initiation of annexation of the Property at that meeting, then City shall expeditiously process the annexation through the 215 necessary activities of the County surveyor and LAFCO, and upon completion of all necessary processes, the annexation shall be brought to the Saratoga City Council for its final decision. 4. Construction Limitations. Prior to annexation of the Property, no construction of improvements on the Property shall occur; however, should the City approve initiation of annexation of the Property, City staff shall thereafter accept and process grading and building permit applications for the Property, but shall not issue permits until annexation of the Property is completed. In any event, all construction of the improvements on the Property shall be subject to the City’s tree protection requirements under City Code Article 15-50, and to City’s construction rules under Chapter 16 of the Saratoga City Code as that Chapter existed on December 31, 2010. 5. Swimming Pool/Deck. In the City’s processing of an application by Owners for a swimming pool and associated patio/deck on the Property, the site coverage limitations of City Code Section 15-13.080, shall not apply. Owners shall submit their application for the swimming pool and associated patio/deck no later than August 31, 2013. 6. Survival of Rights and Obligations. The rights and obligations of the Parties as set forth in this Agreement shall survive annexation of the Property to the City. 7. Termination of Agreement. This Agreement shall have no further force and effect and each Party shall be released from the obligations set forth herein in the event that annexation of the Property to the City has not occurred within four (4) months after the date of City’s approval of this Agreement. 8. Legal Action. Any party may, in addition to any other rights or remedies herein provided, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of the Parties hereto or obtain any other remedy consistent with this Agreement. In no event shall any Party be entitled hereunder to monetary damages for any action or inaction of another Party hereunder, including breach of contract. Nothing in this Section shall be deemed to limit any Party's rights under the Tort Claims Act or the City's right to collect fees allowable and otherwise due and payable or to impose penalties for violations of City ordinances. 9. Attorneys Fees and Costs. If legal action by any party is brought because of a breach of this Agreement, or to enforce a provision of this Agreement, each party shall bear their own attorneys fees and costs. 10. Controlling Law. This Agreement shall be construed and enforced in accord with the laws of the State of California. 11. No Joint Venture or Partnership. The Parties to this Agreement hereby renounce the existence of any form of joint venture or partnership between any or all of the Parties and agree that nothing contained herein or in any document Executed in connection herewith shall be construed as making any or all of the Parties joint venturers or partners. Further, neither the Neighbors nor the Owners are agents of the City. 216 12. Indemnification. Owners hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers (collectively “City”) harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action by City on the subject Annexation, or any of the proceedings, acts or determinations taken, done or made prior to or concurrently with said Annexation; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of the construction, installation, alteration or grading work by the Owners, or by Owners’ successor(s), or by any person acting on their behalf, authorized by any City action described in subsection 12.a. above. Owner’s obligations under this section shall prevail over any other provision in this Preannexation Agreement. 13. Cooperation in the Event of Legal Challenge. In the event of any legal or equitable action or other proceeding instituted by a third party, governmental agency or official challenging the validity of any provision of this Agreement of the annexation proceedings described herein, the Parties shall cooperate in defending the action or proceeding. 14. Notices. All notices or communications required hereunder between the Parties shall be in writing and may be given either personally or by certified mail, return receipt requested. 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 indicates that the mailing was delivered to the address of the receiving party. Any Party hereto, by given 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. City of Saratoga: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Copy to: Richard S. Taylor City Attorney City of Saratoga The Farahanchi/Mokhlesis: Barton Hechtman Matteoni 0’Laughlin & Hechtman 848 The Alameda San Jose, CA 95126 bgh@matteoni.com 217 The Neighbors Thomas Lippe Lippe Gaffney Wagner LLP 329 Bryant Street, Suite 3D San Francisco, CA 94107 tlippe@lgwlawyers.com 15. Successor and Assigns. The covenants, terms, conditions and restrictions of this Agreement shall apply to, bind and inure to the benefit of successors in interest of the Parties hereto, including heirs, assigns, representatives, executors, administrators and all other parties, whether they succeed by operation of law or voluntary acts of the City or Owners. All such heirs, representatives, successors, executors, or assigns shall be bound to every provision in this Agreement, whether or not this Agreement is referred to in the instrument by which such heirs, representatives, successors, executors, or assigns acquire an interest in the Property. 16. 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. 17. Amendment of Agreement. This Agreement may be amended in writing by the original Parties or their successors in interest. 18. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 19. Change in Law. If a subsequent change occurs in federal or state laws or the regulations of a federal or state agency which prevents or precludes compliance with a provision of this Agreement, that provision shall be modified or suspended only to the extent necessary to comply with the federal or state law or regulation. 20. Enforceability. Unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any Party hereto notwithstanding any change hereinafter enacted or adopted in any applicable General Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other land use or building ordinance. 21. Entire Agreement. This Agreement, and the conditions referred to herein, and the exhibits attached hereto, constitute the entire understanding and agreement of the Parties and supersede all negotiations or previous agreement of the Parties with respect to all or party of the subject matter hereof. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment to this Agreement. 22. Captions. The captions in this instrument have been inserted solely for convenience or reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 23. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument and shall be effective as of the date hereof. 218 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective representatives as follows: CITY OF SARATOGA City of Saratoga, A Municipal Corporation By: ____________________________________ Howard A. Miller, Mayor Date ATTEST: By: Ann Sullivan, City Clerk Date Approved as to Form: ___________________________________ City Attorney, Richard Taylor Date OWNERS By: Nima Mokhlesi Date By: Fariba Farahanchi Date NEIGHBORS By: Wanda Kownacki Date By: James W. Pfeiffer Date By: John Holton Date 219 Exhibit A LEGAL DESCRIPTION OF THE PROPERTY 220 Exhibit B MODIFYING/ADDITIONAL CONDITIONS The following conditions (the “Modifying/Additional Conditions”) modify the County Approvals as described in the Agreement to which this Exhibit is attached and in paragraph 1 below. To the extent that any conflict exists between the Modifying/Additional Conditions and the County Approvals, the Modifying/Additional Conditions shall supersede and control: 1. Changes to the Main House. The following changes to the main house are made relative to the development plans approved by the County Building Department as part of building permit No. 46049 issued on 12/15/10. The location of the main house and its building “footprint” on the Property relative to the Property boundaries shall not be altered from the location shown on these plans, except that the main house’s “footprint” may be made smaller so long as it is located within the perimeter of the “footprint” approved in said plans. The dimensions of the main house shall not be altered from the dimensions of the main house shown on these plans except as described in this Exhibit B. a. The existing primary house rests on a slab foundation. The Plans show the elevation of this slab foundation to be 581’9” above mean sea level (msl), measured from a local manhole cover to which an elevation of 533.75’ msl is ascribed. The Plans show the elevation of the roof of the proposed remodeled primary house to be 22’6” higher than the slab foundation, at 604’3” msl. b. Without determining the accuracy of the msl elevations referenced in subparagraph a of this paragraph 1, the Parties agree that (1) the elevation of the roof of the main house shall be no higher than 21’6” above the existing slab foundation (the elevation of the slab foundation is believed to be 581’9” as shown on the Plans; therefore the maximum roof elevation is believed to be 603’3” msl); (2) the three architectural articulations shown on the Plans as extending above the roof shall be no higher than 24’3” above the existing slab foundation (believed to be 606’0” msl); and (3) no part of the main house, including parapets, solar panels, antennas, or anything else that might be attached to the roof other than the chimney will extend higher than 27’3” above the existing slab foundation (believed to be 609’0” msl); (4) the msl elevations provided in this paragraph are for reference purposes only, and the operative height limits are based on elevation above the existing slab foundation; and (5) Owners will leave the existing slab foundation or a visible and accessible portion thereof in place or will install a visible and accessible permanent monument at the same elevation as the existing slab foundation to permanently establish the elevation of the existing slab foundation. c. Neighbors reserve the right to request validation of these height restrictions during and after construction by a licensed surveyor, at Neighbors’ expense, and Owners agree to allow the surveyor access to the Property for this limited purpose at a time that is mutually convenient for the surveyor and the Owners. 221 d. Owners may elect to reduce the depth of the basement by raising the bottom of the basement, and may make other de minimis changes that do not alter the building envelope or location of the main house on the lot or constitute a “rebuild” under County zoning rules or conflict with any specific provisions of the Agreement. e. All surfaces of the main house including walls, trim, and roofing material and stone but excluding solar panels will meet an LRV (as defined in the Santa Clara County Code) of 45 or less. 2. Changes to the Secondary House. a. The secondary house shall be located such that no part of the structure other than the 30” extension of any bay window (as long as the bay window meets the County’s definition of a bay window in terms of size and location with respect to the structure) is located within 35 feet of the Property’s property line abutting Redberry Drive. b. The garage shown attached to the rear (relative to Redberry Drive) of the secondary house will be relocated to the front side (relative to Redberry Drive) of the secondary house. This change reduces the height of the retaining wall at the Redberry side of the secondary house, resulting in a smaller facade facing Redberry Drive. c. All surfaces of the secondary house including walls, trim, and roofing material and stone will meet an LRV (as defined in the Santa Clara County Code) of 45 or less in shades of natural earth tones (browns, beiges). d. The secondary house will have a landscape plan that calls for an earth “berm” on the Redberry Drive side of the structure (to the extent allowed by the City in light of drainage requirements associated with the nearby creek) and low shrubs and trees to generally, but not entirely screen the façade from street view. This landscape plan will be a condition of the building permit for the secondary house. Pursuant to the landscape plan, utilizing some of the new trees described in Sections 4.a. and 4.b. below, and other vegetation as necessary, Owners shall landscape the Property so that the front facade (being the façade closest to and running parallel to Redberry Drive) of the secondary dwelling is generally, though not entirely screened, from Redberry Drive, given a reasonable time for the vegetation planted to grow and mature. Owners will submit a draft of the landscape plan to Neighbors prior to submission to the City; promptly thereafter, the Owners and Neighbors shall meet and confer, and attempt to reach agreement as to whether the landscape plan will result in the level of screening described in the preceding sentence. In the event the parties cannot agree on the landscape plan, the City’s consulting arborist (or an arborist selected by the City’s consulting arborist should the City’s consulting arborist be unavailable for the task) shall be retained to make a final, unappealable decision on the landscape plan. All costs of the arborist shall be shared 50% by Owners and 50% by Neighbors. 222 3. Swimming Pool. The Owners will apply for and obtain a permit from the City for and before installing a swimming pool and associated patio/deck. The site coverage limitations provided in Section 15-13.080 of the City Code shall not apply to such application. . 4. Trees. a. The following trees can be removed without the further consent of the Neighbors: i) the two necessary to build the main house (which are the subject of an existing County Approval, ii) the small oak not requiring a permit for removal located where the secondary house will be constructed, and iii) the two pine trees marked with blue ribbon and located near the first curve of the driveway. These two pine trees must remain marked with blue ribbon until removed and must be replaced with native species such as oaks. In removing the trees described in this Section 4.a., Owners shall comply with City Code Article 15-50; any replacement trees required by City Code Article 15-50 shall apply toward satisfying the replacement requirements of this Section 4.a. b. The Parties acknowledge that there are many trees on the Property and that their mutual intent is to preserve trees on the Property, but recognize that trees other than the five described in Section 4.a. will need to be removed in order to accommodate the construction contemplated by this Agreement (the “Construction Trees”). Owners have marked with a red ribbon every Construction Tree to the best of their knowledge. The Neighbors have viewed all such marked Construction Trees. The parties agree that certain of the Construction Trees provide visual screening of the main house from off the property. To mitigate the loss of this visual screening and anticipated visual impacts from the new secondary dwelling, Owners agree to plant ten (10) new trees of native species such as oaks, of the following sizes: two 20 gallon trees, four 15 gallon trees and four 10 gallon trees. At least seven of these trees must be planted above the secondary house, to provide screening of the main house from Redberry Drive. Upon completion of the framing of the main house, the Owners and Neighbors shall meet and confer at the Property, and attempt to reach agreement as to where each of the ten (10) trees is to be planted, provided, however, that no new trees are to be planted in the level area to the west of the main house, being the anticipated location of the pool and patio/deck described in Section 3. In the event the parties cannot agree on the locations for each of the trees, the City’s consulting arborist (or an arborist selected by the City’s consulting arborist should the City’s consulting arborist be unavailable for the task) shall be retained to make a final, unappealable decision on the location of each of the trees. All costs of the arborist shall be shared 50% by Owners and 50% by Neighbors. The ten trees shall be planted by Owners within (60) days after the main house Certificate of Occupancy is issued by the City, to avoid interference with construction and damage to the new trees from construction activities. In the event it is determined during construction that a Construction Tree which was not marked with a red ribbon must be removed, then the Owners 223 and Neighbors shall meet and confer to determine, in the Neighbors’ reasonable discretion, whether the tree provides substantial visual screening of the main house from off the property, and if so, Owners shall replace the tree with a native species tree of similar size such as an oak, to be located in a manner that reasonably enhances this visual screening from off the Property. In removing Construction Trees, Owners shall comply with City Code Article 15-50; any replacement trees required by City Code Article 15- 50 shall apply toward satisfying the replacement requirements of this Section 4.b. c. As to all trees on the Property which are not among the five trees described in Section 4.a. and not Construction Trees described in Section 4.b., and which are of a size not requiring a permit from the City of Saratoga, for a period of ten years from the date of this Agreement Owners shall not remove more than two trees per year except that (i) any removal of a tree that is ordered by a governmental agency having jurisdiction, or (ii) any removal of a tree that is certified by a licensed arborist to be dying or to be necessary to abate an imminent hazard to personal safety or personal property, shall not be subject to this numerical limitation. Owners shall replace any tree removed pursuant to this paragraph with a native species tree of similar size such as an oak, to be located in a manner that reasonably enhances the visual screening from off the property. 224 Exhibit C Subjects of Inapplicable Zoning and Grading Regulations of the City of Saratoga • Grading quantities • Height of Main House • Square Footage of Main House • Impervious surface coverage limits applied to the pool, pool deck, driveway, main house and walkways around it, secondary unit and its deck, driveway, and walking paths surrounding it, existing parking spaces at the top of the driveway, and retaining walls across the entire property • Location of the Main House and Secondary House, including but not limited to setbacks from property lines • Discretionary design review pursuant to Article 15-45 of the Saratoga Code of the improvements contemplated in this Agreement, including but not limited to design/architecture of the Main House or Secondary House • Height of the basement • Basement not qualifying as basement (based on too much of its perimeter being above grade, too much of its floor areas receiving daylight, certain significant areas of the basement not being directly situated under first or second floors, or any other reason), resulting in home being considered as having 3 stories • Maximum height limits of retaining walls • In application of the City’s tree protection regulations, requiring redesign/relocation of the improvements contemplated in this Agreement to avoid (a) tree removal (i.e., the agreed remedy is tree replacement pursuant to the City’s tree protection regulations) or (b) placing a structure within five feet of the dripline of a protected tree (in such event the structure must nonetheless comply with any dripline avoidance requirements of the County and the Owners shall consult with the city arborist and comply with the protection and mitigation (including but not limited to tree replacement) recommendations of the city arborist addressing the absence of the five foot buffer normally required by the City). 225 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING ANNEXATION PROCEEDINGS FOR 19351 REDBERRY DRIVE (APN 510-25-062) WHEREAS, the City Council is considering the annexation of an approximately 1.39 acre property commonly known as 19351 Redberry Drive, hereinafter referred to as ‘the territory’, APN 510-25-062, contiguous to the City of Saratoga; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed is in the City of Saratoga’s Urban Service Area and Sphere of Influence and is prezoned as Hillside Residential (HR); and WHEREAS, the territory is considered uninhabited for the purposes of annexation proceedings because there are fewer than twelve registered voters and there is one hundred percent (100%) owner consent for the annexation proceedings, no notice, public hearing or election will be required for annexation approval by the City; and WHEREAS, the City and the owners of the territory have entered a Preannexation Agreement concerning the territory whereby the City agrees to process and the owners agree to support the annexation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby initiates annexation proceedings and will consider annexation of the territory to the City known as Assessor’s Parcel Number 510-25-062 located at 19351 Redberry Drive at a meeting to be scheduled to approve the annexation. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 6th day of July 2011, by the following vote: AYES: NAYES: ABSTAIN: ABSENT: Howard A. Miller, Mayor ATTEST: DATE: Ann Sullivan, City Clerk 226 ANNEXATION OF APN 510-25-062 (19351 REDBERRY DRIVE) List of Services Report Districts Saratoga Union Elementary School NO CHANGES TO DISRICT Los Gatos Union High School West Valley Community College Saratoga Cemetery Guadalupe –Coyote Resource Conservation Bay Area Air Quality Management Mid-Peninsula Regional Open Space West Valley Sanitation Santa Clara Valley County Water Santa Clara County Zone NC-1 County Water Santa Clara County Importation Water-Miscellaneous Central Fire Protection Santa Clara Valley-Zone W-4 County Water Area No. 01 Library Benefit Assessment County Service Area No. 01 Library Services County Services Santa Clara County Vector Control Services Santa Clara County Street Cleaning NO CHANGE IN SERVICE Santa Clara County provides no street sweeping service. The territory to be annexed, however, is immediately adjacent to a street served by the City street sweeping service so is already receiving this service. Santa Clara County Sheriff’s Department INCREASE IN SERVICE The City of Saratoga has a contract with the Santa Clara County Sheriff’s Department that provides two patrol cars to the City. The County has only one car for this area that also covers the Los Gatos mountains. Santa Clara Valley Transportation Authority NO CHANGE IN SERVICE 227 Page 1 of 3 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Village Parking Improvements RECOMMENDED ACTIONS: Receive report and provide direction to staff. REPORT SUMMARY: The adequacy of parking in the Village has been an ongoing issue of interest to merchants, property owners, patrons, and policy makers since the City was incorporated. Over time the City created four parking districts in order to increase parking capacity in the Village. The parking districts were financed and built by assessing property owners who directly benefited from the proposed district. Once a parking district was established the City took over ownership and maintenance responsibility, thus creating the public parking capacity that currently exists in the Village. In addition to the four Saratoga Village Parking District Lots (Attachment 1), the City also manages on street parking along Big Basin Way, 3rd Street, 4th Street, and 5th Street. Currently, the City has a net surplus of parking spaces in the Village as a whole. Parking availability issues occur around the peak demand time of 7:30 PM. The upper Village near 4th Street is impacted the most where both Parking Districts 2 & 4 reach 100% capacity. In contrast Parking Districts 1 & 3 is only at 40% of capacity. The underutilization of Parking Districts 1 & 3 during the peak time is mostly due to their proximity to the upper Village where many popular restaurants are located. The majority of the spaces in Parking District 3 serve the lower Village and it appears are too far away or not advertised well enough to the public. Parking District 1 although located in the upper Village is not desirable to some because of the steep climb up 4th Street to get to Big Basin Way. It may suffer from poor advertisement as well where the patrons simply aren’t aware of the parking available there. Staff proposes two obtainable improvements that should help alleviate some of the parking distribution inequities. 228 Page 2 of 3 1. Take advantage of the existing private valet service to distribute vehicles to Parking Districts 1 & 3. Since adoption of the Valet Parking Service Ordinance two Village restaurants, the La Fondue restaurant (previously Viaggios restaurant) and the Plumed Horse restaurant have offered valet services to their patrons. Currently, both restaurants use Veritas Parking Service. Even though the service is contracted by those specific restaurants they will serve any patron. Staff met with Brad Keller from Veritas Parking Service to discuss a proposal to locate the valet parking in an area in Parking District 1 (Attachment 2). Brad approved the area and felt that the number of parking spaces would be sufficient for the demand. He did request the side area along the edge of the parking lot be designated valet parking for specific holidays. He did not want to take that area other than the holidays in order to keep a good relationship with residents and neighboring businesses. Overflow parking was discussed in the event the designated area was 100% used. We informed him that any overflow parking demand would go to Parking District 3. Veritas also uses La Fondues private parking in the back of the restaurant. If this action is implemented there should be a marked improvement to the availability of parking spaces in Parking Districts 2 & 4 as well as curb side spaces in the upper Village. 2. Better advertise the City’s existing public parking spaces. Phase 2 of the Village Improvement Project can fund signage improvements aimed at advertising our parking areas in a more visible way than what currently exists in the Village. The signage can be newer technology such as wireless sensor devices which are self powered and wireless. Each sensor can manage the collection of data at each individual parking place. The devices detect events such when a space is occupied and for how long. One particular company installs the sensors in as many parking spaces as desired then charges a monthly fee of $30 per space. There are approximately 450 parking spaces in the City’s parking districts. The sensors can interface with commercial electronic sign boards to give real time information on parking availability. There are other systems available which can be explored during the design of Phase 2 of the Village Improvement Project. More visible signage whether traditional or electronic will help direct patrons to designated parking areas. Village Parking Capacity Although the Village currently has enough parking spaces to meet current demand, there will be a time in the future that demand will be greater than what’s available. It’s advisable to plan ahead for future parking needs before the need becomes too great as it takes an enormous amount of time and energy to develop and finance any type of parking structure. Whatever the direction development takes in the Village, parking capacity will be one of the number one issues. 229 Page 3 of 3 FISCAL IMPACTS: None at this time. Capital costs for signage improvements can be funded from Phase 2 of the Village Pedestrian Improvement Project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Valet parking would operate as is currently does. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The Valet Service will be issued a permit to operate with the stipulation that they use the City’s designated parking areas. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: 1. Parking District Map 2. Valet Parking Area Map 230 3rd StreetBig Basin Way Big Basin Way Saratoga-Sunnyvale S a r a t o g a - L o s G ato s R d. 4th Street 5th Street Saratoga Creek 1 2 3 4 3 1 Parking Districts ´ Legend Businessed using Parking District No. 1 Businessed using Parking District No. 2 Businessed using Parking District No. 3 Businessed using Parking District No. 4 Parking District No. 2 - 65 spaces Parking District No. 4 - 60 spaces Parking District No. 1 - 119 spaces Parking District No. 3 - 206 spaces 231 dPedestrian accessto Big Basin Way Valet parking areaCapacity 34 spaces Additional valet parkingarea for holidays onlyCapacity 22 spaces Parking District No. 1 ´ 4th Street 232 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 6, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Wildwood Park Electrical Upgrades RECOMMENDED ACTION: Receive report and provide direction to staff regarding electrical upgrades to Wildwood Park. REPORT SUMMARY: Wildwood Park is one of the City’s community parks where passive and active uses are allowed. The park has a wonderful stage that is used by many groups for various occasions and events. Recently, more users of the Park have requested power for events such as concerts. In order to support these events the electrical system requires upgrading. Recently, staff held a meeting with an electrical contractor and received an estimate of $15,000 for the cost of the project. The work entails trenching from the Park restroom, where the electrical panel is located, to the stage. Electrical conduit and wiring will be placed and a new outlet at the stage will be installed. If approved, this project can be completed by the end of August. FISCAL IMPACTS: Currently there are no funds identified for this work. Options to fund the project include: 1. Defund an existing CIP project or projects. This would likely result in a reduction in the scope of work of the donor project. 2. Use a City reserve fund to borrow funds until the Park Development fund pays the loan back. 3. Seek private funding for the project with the option of City matching funds if a source is identified. 4. Other CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Park’s electrical capacity will remain as is. 233 Page 2 of 2 ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: If a budget amendment is required or further information is needed staff will submit them at the next available City Council Meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: None. 234