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HomeMy WebLinkAbout05-09-2000 City Council Agenda PacketAGENDA AD~TOURNED MEETING/,TO:I:NT 5ESS]:ON SARATOGA CT. TY COUNC]:L Youth Commission Chamber of commerce Business Development Council (SBDC) MAY 9, 2000 AD,TOURNEb MEET'J:NG/~ToINT 5E55:i:ON-7:00 P.M. ADULT CARE CENTER - 19655 ALLENbALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON PO$'T]:NG OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 5, 2000) COMMUN'rCATT. ONS FROM PUBL3:C Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to 3 minutes on matters not on this agenda. CEREMONIAL ITEMS Appointment of Public Safety Commissioners and Library Expansion Committee Members. Recommended Action: Approve Resolution of Appointment and Administer Oath of Office. Commendation for br. Marianne 5wan, Director of Saratoga Community Preschool. Recommended Action: Approval of commendation. Page 1 of I Resolution of Commendation for Gary Wolf, Outgoing Finance Commissioner. Recommended Action:Approve resolution. Proclamation Recognizing "Million Mom'March." Recommended Action: Approve Proclamation.. NEW BUSINESS Sales Taxes by Business District JOINT MEE3-~N~ WITH YOUTH COMMISSION ADJOURNMENT TO JOINT MEETZN~ WITH SARATOGA CHAMBER OF COMMERCE ADJOURNMENT TO JOINT MEET~N6 WITH SBDC CONSENT CALENDAR Approval of Check Register. Recommended Action: Note and file. March Financial Statement and Treasurer's Report. Recommended Action: o Household Hazardous Waste 93g. Recommended Action: Adopt the resolution executing agreement. Planning Commission Actions - April 26, 2000. Recommended Action: Note and file. 10. Approval of Council Meeting Minutes - April lc)th (~ April 25th. Recommended Action: Approval of submitted minutes. Page 2 of 2 AD,TOURNMENT In compliance with the Americans with bisabilities Act (ABA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-:[:>69. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.Z0;>-35.:t04 A~)A Title Page 3 of 3 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: May 9, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM [ CITY MANAGER:.~ ~~%/~ PREPARED BY: City SUBJECT: CEREMONIAL ITEM: APPOINTMENT OF PUBLIC SAFETY COMMISSIONERS AND LIBRARY EXPANSION COMMITTEE MEMBERS AND OATH OF OFFICE. RECOMMENDED MOTION: REPORT SUMMARY: That Council approve the attached resolution appointing the following to the Public Safety Commission: Francis Andreson - Term ending April 2004 Thomas Edel - Term ending April 2004 Mitch Kane - Term ending April 2004 Paige McClellan - Term ending April 2004 That Council approve the attached resolution appointing the following to the Library Expansion Committee: Ruth Gipstein, Jack Grantham and Edward Sessler. The term is ending 'upon the completion of the Library Expansion Project. Attached is a resolution appointing Francis Andreson, Thomas Edel, Mitch Kane and Paige McClellan to the Public Safety Commission; and a resolution appointing Ruth Gipstein, Jack Grantham and Edward Sessler to the Library Expansion Committee. The Oath of Office will be administered and signed by commissioners. These appointments will complete the 7-seat Public Safety Commission. FISCAL IMPACT: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council agenda. CONSEQUENCES OF NOT ACTING ON MOTION: Appointments will not be made to the Public Safety Commission and Library Expansion Committee. FOLLOW UP ACTIONS: Update Commissioner roster. ATTACHMENTS: A. Resolutions of Appointment B. Oath of Office RESOLUTION NO. 00- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING FOUR MEMBERS TO THE PUBLIC SAFETY COMMISSION WHEREAS, four vacancies have been created in the Public Safety Commission resulting from the expiration of the terms of office of Francis Andreson, Thomas Edel, Frank Lemmon and Rose Marie Dippel; WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancies: NOW, THEREFORE, BE IT RESOLVED, that the following appointments are made for a term expiring April, 2004: Francis Andreson, Public Safety Commissioner Thomas Edel, Public Safety Commissioner Mitch Kane, Public Safety Commissioner Paige McClellan, Public Safety Commissioner The above and foregoing Resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 9th day of May, 2000, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Vice Mayor ATTEST: City Clerk RESOLUTION NO. 00- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING THREE MEMBERS TO THE LIBRARY EXPANSION COMMITTEE WHEREAS, a notice of vacancy was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancies: NOW, THEREFORE, BE IT RESOLVED, that the following appointments are made for a term expiring upon the completion of the Library Expansion Project; Ruth Gipstein Jack Grantham Edward Sessler The above and foregoing Resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 9th day of May, 2000, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Vice Mayor ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, FRANCIS ANDRESON, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me this 9th day of May 2000. Francis Andreson, Public Safety Commissioner Cathleen Boyer, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, THOMAS EDEL, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me this 9th day of May 2000. Francis Andreson, Public Safety Commissioner Cathleen Boyer, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, MITCH KANE, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me this 9th day of May 2000. Francis Andreson, Public Safety Commissioner Cathleen Boyer, City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, PAIGE MC CLELLAN, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me this 9th day of May 2000. Francis Andreson, Public Safety Commissioner Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: May 9, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM ¢9.._ CITY MANAGER:~~ PREPARED BY: City Cle~ ~ SUBJECT: CEREMONIAL ITEM: COMMENDATION FOR DR. MARIANNE SWAN. RECOMMENDED MOTION: That Council approve the commendation for Dr. Marianne Swan, Director of Saratoga Community Preschool. REPORT SUMMARY: Dr. Marianne Swan, Director of Saratoga Community Preschool, is being commended for her community work in Saratoga and will be honored at an Appreciation Luncheon on May 31st where Vice Mayor Mehaffey will present her with City's commendation. FISCAL IMPACT: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council agenda. CONSEQUENCES OF NOT ACTING ON MOTION: None. FOLLOW UP ACTIONS: None ATTACHMENTS: Commendation COMMENDATION HONORING DR. MARIANNE SWAN WHEREAS, Marianne Swan, a long-time Saratoga resident, has devoted much time and energy to the Saratoga community affairs and its residents therein, and; WHEREAS, Marianne Swan as an Educator has been of invaluable assistance to the Saratoga School District and has worked tirelessly especially on behalf of special needs, and; WHEREAS, Marianne Swan as the Founder and Director of Saratoga community Preschool has nurtured, educated and prepared Saratoga's youngest for a positive educational experience, and; WHEREAS, Marianne Swan through her years on the Parks & Recreation Committee and related activities has promoted conservation and appropriate utilization of our environment, and; WHEREAS, Marianne Swan has actively supported the historical preservation of our community; and; WHEREAS, Marianne Swan has created a sense of community for all Saratogans through her example in her personal, family and work activities. NOW, THEREFORE, WE, THE CITY COUNCIL OF THE CITY OF SARATOGA, hereby proclaim an official commendation to be given to Dr. Marianne Swan this 31st day of May, 2000. John Mehaffey, Vice Mayor EXECUTIVE SUMMARY NO. MEETING DATE: May 9, 2000 ORIGINATING DEPT.: City Manager SARATOGA CITY COUNCIL AGENDA ITEM ~ CITY MANAGER: PREPARED BY: City Clerk SUBJECT: CEREMONIAL ITEM: COMMENDATION FOR GARY WOLF, OUTGOING FINANCE COMMISSIONER. RECOMMENDED MOTION: REPORT SUMMARY: FISCAL IMPACT: ADVERTISING, NOTICING AND PUBLIC CONTACT: CONSEQUENCES OF NOT ACTING ON MOTION: FOLLOW UP ACTIONS: ATTACHMENTS: That Council adopt the resolution. Attached is the resolution commending Gary Wolfe, outgoing Finance Commissioner. None Posting of the Council agenda. None. None Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING GAR Y WOLF FOR HIS SER VICE ON THE FINANCE COMMISSION and WHEREAS, Gary Wolf served on the Finance Commission since October 1997; WHEREAS, Gary has always been a strong advocate for fiscal responsibility; and WttEREAS, Gary was instrumental in a number of fiscal policies, which the City of Saratoga now incorporates, including a balanced budget, a simplified budget documen'I, fund balance reserve policy, a full cost recovery system and the Five Year Revenue and Expenditures projection. NOW, THEREFORE, BE IT RESOLVED that GARY WOLF is hereby commended and heartily thanked for his years of service to the City of Saratoga Finance Commission. The above and foregoing Resolution was passed and adopted by the Saratoga City Council at a meeting held on the 9th day of May 2000, by the following vote: AYES: WALTONSMITH, BAKER, STREIT, MEHAFFEY NOES: NONE ABSTAIN: NONE ABSENT: BOGOSIAN ATTEST: John Mehaffey, Vice Mayor Czxol Ann Butler, CMC, City Clerk EXECUTIVE SUMMARY NO. MEETING DATE: May 9, 2000 ORIGINATING DEPT.: City Manager SARATOGA CITY COUNCIL AGENDA ITEM ¢ CITY MANAGER: PREPARED BY: City Clerk SUBJECT: CEREMONIAL ITEM: PROCLAMATION - MILLION MOM MARCH. RECOMMENDED MOTION: That Council approve proclamation. REPORT SUMMARY: The Million Mom March is a not-for-profit organization that will join mothers and others from communities across the country to march in Washington, D.C. on Mother's Day, May 14, 2000 to call on Congress to require all handgun owners to be licensed and to register their weapons with the proper authorities. FISCAL IMPACT: None ADVERTISING, NOTICING AND PUBLIC CONTACT: CONSEQUENCES OF NOT None. ACTING ON MOTION: FOLLOW UP ACTIONS: None ATTACHMENTS: Posting of the Council agenda. Proclamation PROCLAMATION RECO6N]:ZIN6 THE M]:LLION MOM MARCH ON MOTHER'S DAY, MAY 14, :>000 WHEREAS, 4,2;>3 young people ages 0-19 were killed by gunfire in the United States in 1997, that is one every two hours, nearly :12 people every day; WHEREAS, American children under the age of :15 are 12 times more likely to die from gunfire than children in 2{5 other industrialized countries combined; WHEREAS, gun homicide is the fourth leading cause of death for young people :10-:14 years of age and the second leading cause of death for young people :15-24 years of age; WHEREAS, too many mothers have felt the pain of losing a child to gun violence; WHEREAS, Mother's bay originated during the Civil War to remind women to take care of each other's wounded sons; WHEREAS, the Million Mom March is a not-for-profit organization that will join mothers and others from communities across the country to march in Washington, D.C. on Mother's Day, May :14, ;>000 to call on Congress to require all handgun owners to be licensed and to register their weapons with the proper authorities; WHEREAS, many concerned people cannot travel to Washington, b.C., a Million Mom March will be held at Lake Merritt in Oakland on Sunday, May 14th at 1:00 p.m.; NOW, THEREFORE, BE TT RESOLVED that the City Council of the City of Saratoga recognizes the Million Mom March on Mother's bay, May 14, 2000. VICE MAYOR APR-25-2000 TUE 05:]3 PN SAN REGIONAL OTR FSX NO, 4083196126 ?. 01 lloard of Supem'i.~c}rs of Contra Costa ('ounty, Slate of Calif;~rnia IN TIlE MATTER OF ENDORSING ) TI IF. MILl,ION MOM MARCII ON ) MOTHER'S DAY, MAY ]4, 2000 . ) RESOLUTION NO.2000,t t6S WHEREAS, 4.223 young people ages 0-19 were killed b>' gunfire in Ihe United States in 1997, that is one ever), l~'o hours, nearly 12 people ever)' day; WHEREAS, American children under tile age o£ 15 are 12 times more )ikely to die from gunfire than children in 25 other industrialized counlries combined'. t WIIEREAS, gun homicide is the fourth leading cause of death for young people 10-14 years ofage and thc second leading cause ofdea~h for young people 15-24 >'ears ofage: WHEREAS, too many mothers have fell the pain of losing a child to gun violence: WIIEREAS, Mother's Day originated during the Civil War to rentind women lo lake care of each other's wounded sons: Wlil';IIEAS, thc Million Mom March is a not-for-profit organization that will .loin molhers and others from communities across the country Io march in Washinulon. D.C. on Mother's Da}. Ma)' 14.200(} to call on Congres.q to require all handgun o~'ners lo be licensed and to register their weapons ~'ith tile proper amhorilies: WIlEREAS, many concerned people cannot travel lo '0,'ashington. D.C.. a Million Mom March will be held at Lake Merrir[ in Oakland on Sunday. May' 14's at I:00PM: NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa Count)' endorses lhe Million Mom March on Mofl~er's Da)'. Ma). 14.2000. Introduced by: -Donna ~erber ~ ' - Supervisor, District III Gayle Uilkema Supervisor, District II I hereby cenif) thai the foregoing is a true and correct cop)' oran order entered on the Minutes of the Board of Supervisors. Witness my hand aJld the Seal of thc Board of Supervisors affixed this 11us day o£^pril, 2000. PIIIL BATCHELOR, Clerk of the Board of Supervisors and Count)' Administrator. /~ By ' .~ SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: May 9, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM ~" CITY MANAGER: ~,~'~ -.~~ SUBJECT: Sales Taxes by Business District RECOMMENDED ACTION(S): Accept and file the report. REPORT SUMMARY: Staff has prepared an analysis of sales tax revenues generated by business district within the City of Saratoga over the past five years. Five primary business districts were identified within the City: the Gateway area, Argonaut Shopping Center, Quito Village, Big Basin (the Village) and the portion of the Westgate Shopping Center area within the City. Attached is a chart showing quarterly sales tax revenues since 1995 for the five primary business districts, as well as those generated outside the districts. Following the chart is the supporting data detailed by district since 1995. The general trend is a steady increase in sales in all areas of the City. There are some rather striking seasonal variations from quarter to quarter, with the holiday season generally representing the peaks in the chart, followed by the slowest retail period of late winter and early spring. The most recent sales tax information which the City has received is for the 1999 holiday season, so sales tax revenues appear on a' dramatic rise, but the next quarter will most likely reflect the usual dip in revenues. The Village (Big Basin Way) and the "Other" areas of Saratoga are about evenly matched as the two largest generators of sales tax revenues. The Other areas primarily consist of the many home-based businesses, as well as the bookstores at West Valley College. The four smaller shopping districts are clustered closely together on the chart. Generally speaking, the Argonaut is the largest of the four, followed by the Gateway area, the Westgate area, and Quito Village. Recently, the Argonaut Shopping Center experienced sluggish sales during reconstruction of the Center, but the last quarter indicated a sizable increase in sales and we expect the upward trend to continue at the Center. Overall, business within the City of Saratoga appear to be on a moderate but steady increase. Sales tax revenues received by the City increased from $737,934 in 1995 to $890,739 in 1999. When comparing the fourth quarter of 1995 to the fourth quarter of 1999, the City experienced an increase of nearly 30% in sales tax revenues. A more detailed analysis of the percentage increases from 1995 to 1999 can be seen on the last page of the supporting schedule. FISCAL IMPACTS: None at this time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): On a quarterly basis, staff will report regarding sales tax revenues by business district. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Sales Tax Chart by Geographic Area Sales Tax Schedule by Geographic Area C~ ~- O0 I'~ 0 0 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: May 9, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM ~:~ CITY MANAGER: ~"~ ~ SUBJECT: Approval of Check Register RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached is the check register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. I IFund# Fund Name Date Manual Void Total 4/20/00 Checks Checks A81339 - 81470 1 GENERAL 453,735.29 100 COPS-SLESF 110 Traffic Safety 692.91 150 Streets & Roads 8,034.75 160 Transit Dev 170 Hillside Repair 180 LLA Districts 7,379.15 250 Dev Services 7,737.74 260 Environmental 6,109.72 270 Housing & Comm 290 Recreation 17,620.36 292 Facility Ops 600.00 293 Theatre Surcharge 300 State Park 310 Park Develpmt 247.50 400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV 730 PD #2 740 PD #3 800 Deposit Agency 6,686.27 810 Deferred Comp 830 Payroll Agency 990 SPFA 1,310.13 (3,426.00) Subtotal 508,843.69 1,310.13 PAYROLL CHECKS: B25427 - 25460 TOTAL Prepared by: Approved by: Date: ! 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MEETING DATE: May 9, 2000 ORIGINATING DEPT: Administrative Services AGENDA ITEM 7 / SUBJECT: Financial Reports for the Nine Months Ended March 2000 RECOMMENDED ACTION(S): Accept the financial reports and the Treasurer's report for the nine months ended March 31, 2000. REPORT SUMMARY: The accompanying financial reports represent the revenues, expenditures and fund balances in all City funds for the nine months ended March 31, 2000. Summary Overall, revenues are slightly higher than expected at this point in the annual cycle, and expenditures are just as expected. For the nine months ended March 31, the City is in a positive financial condition when compared to the annual budgeted revenues and expenditures. Revenues General Fund revenues are about $150,000 higher than expected as of March 31. This is due to higher than anticipated sales tax, motor vehicle license fees, interest income, and significant refunds and reimbursements that were received early in the year. Additionally, property tax revenues are a little behind the estimated amount because the April property tax payment is not received by the City until early May. In other funds, development revenues remain relatively high as a result of the currently active development environment when compared to the original budget, but very close to the revised year-end estimates. Park Development fees are lower than originally budgeted because fees from the Azule Crossing development were anticipated when the budget was prepared, but the fees have not been collected yet. All other funds remain approximately as anticipated. Expenditures General' Fund expenditures are almost exactly where anticipated as of March. expenditures are very close to where they would be expected to be. In other funds, Fund Balance The General Fund balance is $8,667,359 as of March 31, 2000, and $13,348,323 for all funds combined. At this point, it is anticipated that these fund balance figures will be about $300,000 less by June 30, 2000, assuming that capital project funds which were budgeted for the year but not yet spent, will be spent by June 30. FISCAL IMPACTS: None CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Financial reports for March 2000. Treasurer's Report for March 2000. Monthly_MarOO. doc 2 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% FUND BALANCE FUND ~01 3O2 3O3 100 110 150 160 170 180 250 260 27O 290 292 293 310 420 720 730 AUDITED UNAUDITED BALANCE YEAR TO DATE ADJUSTS & BALANCE FUND'DESCRIFFION JULY 1. 1999 REVENUE EXPENDITURE TRANSFERS MAR 31.2000 GENERAL FUND $ 6,872,663 $ 5.790,671 $ 3,609,851 $ (386,124) $ 8,667,359 MIS REPLACEMENT FUND 60,000 35,000 95,000 PERS RETIREMENT FUND 28.483 28.483 TOTAL GENERAL FUND 6,932,663 5,790,671 3,609,851 (322,641) 8,790,1M2 SPECIAL REVENUE FUNDS: COPS SUP. LAW ENFORCEMENT 15,663 69,394 35,589 3,843 53,31 I TRAFFIC SAFETY SRF 88,058 4,211 (83,847) STREETS&ROADS SRF 583,682 1,035,126 451,444 TRANS DEV ACT SRF-CAP PROJ 6,348 (6,348) HILLSIDE REPAIR SRF LANDSCAPE/LGTNG SRF 62,419 153.610 148,695 67,334 DEVELOPMENT SRF 887,209 1,332,251 1.014,511 1,204,949 ENVIRONMENTAL PRG SRF 203,034 644.952 222,597 (245,232) 380,157 HOUSING & COMM DEV SRF 40,988 102,586 (61,598 RECREATION SRF 510,715 678,442 167,727 FACILITY OPS SRF 108,656 152,528 43.872 THEATER TCK SRCHG SRF 18.832 10.014 (8.818) TOTAL SPECIAL REV. FUNDS 1,168,325 3,557,486 3,404,299 322,641 1,644,153 CAPITAL PROJECT FUNDS: PARK DEVELOPMENT 2,251,983 9,315 60,709 2,200,S89 DEBT SERVICE FUND: LIBRARY BONDS DEBT SVC 5,$'/4 94,262 88,198 11,638 AGENCY FUNDS: LEONARD ROAD DEBT SVC 41,153 5,899 11,043 36,009 C.A. TV TRUST FUND 81,630 2,053 83,683 PARKING DIST #2 DEBT SVC I 1.871 11,871 PARKING DIST #3 DEBT SVC 9.550 88,022 168.718 (71,146) DEPOSIT AGENCY FUND 395,519 395,519 SARATOGA PUBL FIN AGNCY 245.165 245,165 TOTAL AGENCY FUNDS 784,888 95,974 179,761 701,101 TOTAL ALL FUNDS $ 11,143,433 $ 9,547,708 $ 7,342,818 $ $ 13348,323 AUDITED PROJECTED BALANCE YEAR TO DATE JULY 1.1999 REVENUE EXPENDITURE 6,872,663 $ 8,277.721 $ 4,914,147 PROJECTED PROJECTED ADJUSTS & BALANCE TRANSFERS JUNE 30. 2000 $ (1,855,934 $ 8.380.303 35,000 95,000 28,483 28.483 6,932,663 8,277,721 4,914,147 (1,792,451 8,503.786 15,663 69,394 81,069 · 10,009 13,997 153,500 22,259 (131,241) 1,131,837 3,032.800 1,900,963 22,821 0 (22,821 ) 5,888 0 (5,888) 62,419 236,195 206,550 92.064 887,209 1,823,723 1,462,549 1,248,383 203.034 871,517 513,326 (327,890) 233,335 193,862 174,177 19,685 646,170 949.684 303,514 128,000 200,487 72,487 21.500 14,818 (6,682) - 1,168.325 5,304,407 6,657.719 1,792,451 1,607,464 2,251,983 251,505 315,000 2,188,488 5,574 93,505 93,656 5,423 41353 12,075 12,075 41,153 81,630 4,000 0 85.630 I 1,871 0 11,87 l 9.550 170,359 170.359 9,550 395,519 0 395,519 245,165 19,250 0 264,415 784,888 205,684 182,434 808.138 $ 11,143,433 $ 14,132,822 $ 12,162,956 $ - $ 13,113,299 fs300.xlshRECAP Page I 514/00 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% REVENUES TITLE REVENUE RECAPBYFUND 001 GENERAL FUND FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) $ 6,618,507 $ 7,971,349 $8,277,721 SPECIAL REVENUE FUNDS: 100 COPS-SLESF FUND 71,900 69,394 110 TRAFFIC SAFETY FUND 146,000 153,500 150 STREETS & ROADS SRF 1,336,080 1,514,574 1,131,837 160 TRANSPORT DEVELOP ACT SRF 83,203 22,821 170 HILLSIDE REPAIR FUND 5,888 5,888 180 LANDSCAPE& LIGHTING FUND 236,195 236,195 250 DEVELOPMENT FUND 1,248,200 1,248,200 1,823,723 260 ENVIRONMENTAL PROGRAM FUND 876,680 871,517 270 HOUSING & COMMUNITY DEV FUND 236,313 193,862 290 RECREATION FUND 656,855 646,170 292 FACILITY OPERATIONS FUND 125,000 128,000 293 THEATERTCK SRCHG SRF 21,500 21,500 TOTAL SPECIAL REVENUE FUNi)S 5,043,814 5,222,308 5,304,407 CAPITAL PROJECTS FUNDS: 310 PARK DVLPMNT CAP PRJ FND 111,780 251,505 DEBT SERVICE FUND: 400 LIBRARY BOND DEBT SRV FND 94,262 93,505 TOTAL AGENCY FUNDS 420 LEONARD RD DEBT SER FUND 11,938 12,075 720 CA TV TRUST FUND 4,000 4,000 730 PRK DST#2 DBT SR/AGNCY FD 0 740 PRK DST#3 DBT SR/AGNCY FD 163,203 170,359 800 DEPOSITS AGENCY FUND 0 990 SARATOGA PFA AGENCY FUND 19,250 19,250 TOTAL AGENCY FUNDS TOTAL ALL FUNDS YEAR-TO-DATE 3/31/00 3/31/00 ESTIMATE ACTUAL $ 5,643,708 $ 5,790,671 69,394 69,394 89,833 88,058 598,126 583,682 6,500 6,348 450 147,272 153,610 1,367,792 1,332,251 610,549 644,952 37,248 40,988 455,532 510,715 101,000 108,656 18,500 18,832 3,502,197 3,557,486 9,315 9,315 94,262 94,262 6,038 5,899 2,000 2,053 85,180 88,022 198,391 205,684 93,217 95,974 $ 12,066,754 $ 13,598,090 $14,132,822 $ 9,342,698 $ 9,547,708 (YTD) ACTUAL/ 3/31 ESTIMATE 2.6% 0.0% -2.0% -2.4% -2.3% O% 4.3% -2.6% 5.6% 10.0% 12.1% 7.6% 1.8% 1.6% 0.0% '-2.3% 2.7% 3.3% 3.0% 2.2% fS300.xls~REVEi~E Page 2 514100 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% . REVENUES TITLE GENERAL FUND 001 PROP TAX SECURED/UNSECURED TEA ALLOCATION SALES TAX 1% SALES TAX PROP 172 TRANSFER TAX CONSTRUCTION TAX TRANS OCCUP TAX FRANCHISE FEES - PG&E FRANCHISE FEES - TCI FRANCHISE FEES - SJ WATER FRANCHISE FEES - GREEN VALLEY BUSINESS LICENSES MOTOR VEHICLE LICENSE FEE OFF HIGHWAY MV FEE HOPTR DISASTER RECOVERY OTHER REFUNDS & REIMBURSES FINES-FALSE ALARM FORFEITURES INTEREST RENTALS-CELL PHONE HAKONE RENT PASS THROUGH SALE OF ASSETS MISC. VEHICLE ABATEMENT ANIMAL LICENSES FUEL SALES GROUND MAINT PERMIT-ENCRMT. TOTAL GENERAL FUND FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) $ 1,192,200 $1,194,487 244,712 1,497,231 YEAR-TO-DATE 3/31/00 3/31/00 ESTIMATE ACTUAL 895,865 $ 867,897 595,732 604,517 1,497,231 1,436,912 2,691,718 1,491,597 1,472,414 1,013,100 980,000 735,000 804,749 76,500 80,000 60,000 59,205 1,089,600 1,060,000 795,000 863,954 288,800 286,000 214,500 262,735 350,000 466,219 349,664 336,148 264,000 277,065 207,799 180,775 902,800' 1,029,284 771,963 779,658 235,000 236,859 173,500 175,000 116,667 120,566 85,900 90,204 90,204 90,204 286,800 282,296 188,197 186,846 781,200 784,359 395,068 397,616 278,161 278,161 208,621 227,462 1,320,100 1,385,552 1,119,164 1,165,965 170 560 500 560 16,000 15,632 10,667 7,816 1,336,270 1,401,744 1,130,331 1,174,341 34,643 234,564 325,414 358,690 25,000 16,627 40,000 45,000 350,000 400,000 52,000 55,700 9,473 9,473 5,000 5,000 5,000 10,000 5,000 14,000 8,000 9,322 10,000 9,000 5,000 5,000 54,000 60,000 25,982 35,504 325,116 313,198 18,750 11,685 33,750 39,933 300,000 316,208 61,775 53,460 2,763 1,437 10,000 9,997 10,500 14,283 6,992 '6,436 6,750 7,126 3,750 4,000 45,000 61,959 793,564 1,032,455 851,128 875,226 6,618,507 7,971,349 8~77,721 5,643,708 5,790,671 (YTD) ACTUAL/ 3/31 ESTIMATE -3.1% (2) 1.5% (3) -1.3% 9.5% (4) -1.3% 8.7% 22.5% (5) -3.9%-13.0% (6) 1.0% (7) 3.3% 0.0% (7) -0.7% 0.6% 9.0% (8) 4.2% 12.0% -26.7% 3.9% 36.6% -3.7% (9) -37.7% 18.3% 5.4% -13.5% (10) -48.0% 0.0% 36.0% -7.9% 5.6% 6.7% 37.7% (1) 2.8% 2.6% fS300.xlsLREVEN-OE Page 3 514100 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00 % REVENUES TITLE SPECIAL REVENUE FUNDS: COPS-SLESF SP REV FD 100 SUPPL LAW ENFORCE TRAFFIC SAFETY SRF 110 REFUNDS & REIMB. CROSSING GUARD MATCH FINES-VEHICLE CODE TOTAL TRAFFIC SAFETY SRF STREETS & ROADS SRF 150 REFUNDS & REIMB. ST HIGHWAY USER 2107.5 ST HIGHWAY USER 2106 ST HIGHWAY USER 2107 ST FHWA REIMB. ST 2105 S&H CODE TEA-21 MEASURE B TOTAL ST&RDS SRF TRANSPORT DEVELOP ACT SRF-CAP PROJ 160 TOTAL TDA HILLSIDE REPAIR SRF 170 INTEREST HILLSIDE STREET REPAIR TOTAL HILLSIDE REPAIR SRF LANDSCAPE/LGTNG SRF 180 PROP. TAX SPECIAL ASSESSMENT INTEREST CONTRIBUTIONS TOTAL LANDSCAPE/LGTNG SRF DEVELOPMENT SRF 250 GEOLOGY REVIEW FEES ENGINEERING FEES PLANNING FEES ARBORIST FEE MAP/PUB/OTHER SALES DOCUMENT STRG FEES PERMITS-BUILDING PERMITS-GRADING INTEREST TOTAL DEVELOPMENT SRF FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED ESTIMATED BUDGET ACTUAL (if different) (if different) 71,900 69,394 6,000 140,000 146,000 3,500 150,000 153,500 39,060 64,554 26,560 6,000 6,000 153,523 146,353 267,994 262,451 75,000 228,000 0 193,169 187,471 224,082 0 377,252 503,002 YEAR-TO-DATE 3/31/00 ESTIMATE 3/31/00 ACTUAL 69,394 69,394 2,333 3,500 87,500 84,558 89,833 88,058 19,920 18,227 6,000 6,000 109,765 107,246 196,838 186,187 140,603 140,271 (YTD) ACTUAL/ 3/31 ESTIMATE 0.0% 50.0% -3.4% -2.0% -8.5% 0.0% -2.3% -5.4% -0.2% 125,000 125,751 0.¢ 1~36,080 1,514,574 1,131,837 598,126 583,682 83,203 22,821 6,500 6,348 -2.3% 600 600 450 5,288 5,288 - 5,888 5,888 450 - 0% 73,750 73,750 160,445 157,645 2,000 2,000 2,800 55,313 58,043 91,960 95,567 236,195 236,195 147,272 153,610 60,000 54,000 )20,000 50,000 200 7,000 725,000 32,000 100,000 54,000 150,000 338,400 371,100 61,500 65,000 200 12,000 16,125 1,040,019 81,279 75,000 63,892 112,500 112,258 278,325 272,500 48,750 52,643 150 12,094 12,251 780,014 768,577 60,959 501130 1,367,792 1,332,251 1,248,200 1,283,100 1,823,723 4.9% (2) 3.9% (11) 4.3% -14.8% -0.2% -2.1% 8.0% O% 1.3% -1.5% -17.8% -2.6 rs300.xi s~RE~I~',IUE Page 4 514100 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% REVENUES TITLE ENVIRNMNTAL PRG SRF ST REFUSE SURCHG AB939 ENVIRONMENTAL FEES 260 CLEAN AIR GRANT INTEREST TOTAL ENVIRON PRG SRF HOUSING&COMM DEV SRF 270 HCD/CDBG/SHARP GRANTS INTEREST SHARP LOAN REPAYMENT TOTAL HOUSING/COMM DEV SRF RECREATION SRF 290 FRIENDS OF WARNER HUTTON HOUSi SPORTS LEAGUE FEES CAMP FEES EXCURSION FEES CLASS/SPECIAL EVENT SNACK BAR SALES REDWOOD SPORTS PRGM. TEEN SERVICES SNACK BAR SALES WARNER HUTFON CONTRIBUTIONS TOTAL RECREATION SRF FACILITY OPS SRF 292 BUILDING RENT PARKS RENT TOTAL FACILITY OPS SRF THEATER TCK SRCHG SRF 293 THEATER TCK SRCHG TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS PARK DVLPMNT CAP PRJ FND 310 PARK DEVELOPMENT FISCAL YEAR 1999-00 ' REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 20,000 26,560 527,290 517,067 329,390 327,890 0 YEAR-TO.DATE 3/31/00 3/31100 ESTIMATE ACTUAL 19,920 20,441 344,711 379,279 245,918 245,232 (YTD) ACTUAL/ 3/31 ESTIMATE 2.6% 10.0% -0.3% 876,680 871,517 610,549 644,952 5.6 % 234,313 152,842 2,000 3,000 38,020 2,250 2,968 34,998 38,020 31.9% 8.6% 236,313 193,862 37,248 40,988 10.0 % 6,435 4,828 41,500 24,538 50,700 73,788 66,744 86,734 250,000 278,157 900 990 22,000 21,741 16,406 18,729 747 1,147 100 63 9,655 9,655 47,500 32,000 104,000 104,000 89,000 89,000 350,000 350,000 1,200 1,200 28,000 28,000 24,500 24,500 1,000 1,500 2,000 6,315 656,855 646,170 455,532 510,715 120,000 120,000 95,000 101,659 7.0% 5,000 8,000 6,000 6,997 16.6% 125,000 128,000 101,000 108,656 7.6 % 21,500 21,500 18,500 18,832 1.8% 5,043,814 5,257~08 5,304,407 3,477,197 3,532,306 1.6% 9,315 9,315 111,780 251,505 -25.0% -40.9% (12) 45.5% ~ 30.0% 11.3% 10.0% -1.2% 14.2% 53.5% -37.0% 12.1% 0.0% (13) fS300.xlsLREVElXlUE Page 5 514100 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% REVENUES TITLE DEBT SERVICE FUND: HSCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) LIBRARY BOND DEBT SRV FND 400 PRINCIPAL 80,000 80,000 INTEREST 14,062 13,235 OTHER 200 270 TOTAL LIBRARY BOND DEBT 94,262 93,505 AGENCY FUNDS: LEONARD RD DEBT SER FUND 420 SERVICES (ASSESS DISTRICTS) CA TV TRUST FUND 720 INTEREST INCOME PRK DST#2 DBT SR/AGNCY FD 730 SERVICES (ASSESS DISTRICTS) PRK DST#3 DBT SR/AGNCY FD 740 SERVICES (ASSESS DISTRICTS) DEPOSITS AGENCY FUND 800 DEPOSITS SARATOGA PFA AGENCY FUND 990 INTEREST INCOME TOTALAGENCYFUNDS GRAND TOTAL 11,938 12,075 4,000 4,000 163,203 170,359 19,250 19,250 198,391 205,684 $ 12,066,754 $ 13,632,990 $14,132,822 YEAR-TO-DATE 3131100 ESTIMATE 3/31/00 ACTUAL 80,000 80,000 14,062 14,062 200 200 (YTD) ACTUAL/ 3/31 ESTIMATE 0.0% 0.0% 0.0% 94,262 94,262 0.0% 6,038 5,899 (2) (2) -2.3% (11) 2,000 2,053 2.7% 85,180 88,022 3.3% (11) 93,217 95,974 3.0% $ 9,342,698 $ 9,547,708 2.2% REVENUE NOTES: (1) Development Fees - Development activity remains higher than originally budgeted. (2) Property Taxes - Secured property tax paid in December/January and April/May. Some taxpayers paid their April payment in December. (3) TEA per arbitration agreement for FY 97/98 and 98/99. (4) Sales Tax higher becauce it includes the holiday season. (5) Transfer Tax - Real estate transfers are very active. (6) Transient Occupancy Tax higher due to increase in travelers. (7) Franchise Fees from PG&E and SJ Water received in April and February respectively. (8) Business Licenses - most business licenses renewed in January. (9) Other Refunds and Reimbursements - Insurance premium refunds ($135,545) received in July, and Police refund ($88,850)received in Oct. (10) Cell Phone Rentals - Nextel and Sprint paid annually in December. (11) Assessment Revenues - January and May. (12) Recreation Fees - Sports, Camps, Trips and Classes revenues in early summer. (13) Park Development Fees - Azule Crossing was included in estimated revenues, but not collected yet. fS300.xlskREVElqUE Page 6 514100 CITY OF SARATOGA NINE MONTHS 'ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% EXPENDITURES 001 100 110 150 160 170 180 250 260 270 290 292 293 710 310 400 420 700 720 730 740 800 990 ORIGINAL TITLE BUDGET FISCAL YEAR 1999-00 REVISED BUDGET Of different) ESTIMATED ACTUAL (if different) EXPENDITURE RECAP BY FUND GENERAL FUND $ 4,708,717 5,327,655 $4,914,147 SPECIAL REVENUE FUNDS COPS SUP. LAW ENFORCEMENT TRAFFIC SAFETY SRF STREETS&ROADS SRF TRANS DEV ACT SRF-CAP PROJ HILLSIDE REPAIR SRF LANDSCAPE/LGTNG SRF DEVELOPMENT SRF ENVIRONMENTAL PRG SRF HOUSING & COMM DEV SRF RECREATION SRF FACILITY OPS SRF THEATER TCK SRCHG SKF HERITAGE PRSRVTN TRST FND TOTAL SPECIAL REVENUE FUN CAPITAL PROJECTS FUNDS: PARK DEVELOPMENT DEBT SERVICE FUND: LIBRARY BONDS DEBT SVC TOTAL AGENCY FUNDS LEONARD ROAD DEBT SVC QUARRY CREEK PROJ ADM C.A. TV TRUST FUND PARKING DIST ~f2 DEBT SVC PARKING DIST #3 DEBT SVC DEPOSIT AGENCY FUND SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS 78,888 22,311 3,095,022 98,103 3,275,600 179,478 198,840 1,348,266 1,406,272 514,129 315,529 894,878 897,060 188,701 13,922 81,069 22,259 3,032,800 0 0 206,550 1,462,549 513,326 174,177 949,684 200,487 14,818 0 6~749~227 7z029~355 6t657~719 567~000 603~714 315~000 93t505 93t656 11,938 170,203 12,075 0 0 0 170,359 0 0 182z141 182t434 $ 12~300~590 13~236~370 $12~162~956 YEAR-TO-DATE 3/31/00 3/31/00 ESTIMATE ACTUAL $ 3,559,473 $ 3,609,851 40,979 35,589 4,132 4,211 1,076,494 1,035,126 152,062 148,695 1,060,977 1,014,511 240,095 222,597 115,985 102,586 692,456 678,442 149,496 152,528 10,713 10,014 3~543t390 3~404~299 60~000 60~709 88~000 88~198 8,500 11,043 169,000 168,718 177~500 179~761 7~428~363 $ 7~342~818 (YTD) ACTUAL/ 3/31 ESTIMATE 1.4% -13.2% 1.9% (14) -3.8% -2.2% -4.4% -7.3% -11.6% -2.0% 2.0% -6.5% -3.9% 1.2% 0.2% 29.9% -0.2% 1.3% -1.2% fs300~xlsW_,XPEND. Page 7 5/4/00 CITY OFSARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% EXPENDITURES 001 GENERAL FUND TITLE 1005 CITY COUNCIL 1010 CONTINGENCY 1015 CITY COMMISSIONS 1020 CITY MANAGER'S OFFICE 1025 CITY ATTORNEY 1030 CITY CLERK 1035 EQUIPMENT OPERATIONS 1040 FINANCIAL MANAGEMENT 1045 HUMAN RESOURCES 1050 GENERAL SERVICES 1060 FACILITIES MAINTENANCE 1065 MANAGEMENT INFORMATION SYS 2005 EMERGENCY PREPAREDNESS 2010 CODE ENFORCEMENT 2015 POLICE SERVICES 2025 ANIMAL CONTROL 3030 PARKS/OPEN SPACE 3035 GENERAL ENGINEERING 4005 ADVANCED PLANNING 7005 SENIOR SERVICES 7010 COMMUNITY SUPPORT 9010 CAPITAL PROJECTS-VESSING RD SUBTOTAL LESS OVERHEAD TOTAL GENERAL FUND FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED BUDGET (if different) ESTIMATED ACTUAL (if different) $44,350 200,000 68,909 274,945 283,265 76,638 171,444 353,742 149,876 112,797 452,541 142,809 56,828 47,748 2,664,456 28,843 488,705 190,096 104,737 31,980 66,200 6,010,909 (1,302,192) $51,450 76,700 71,709 347,494 378,265 97,738 371,867 159,927 454,541 223,325 59,340 2,666,968 498,178 154,737 368,500 6,629,847 (1,302,192) $51,595 150,000 70,211 354,156 375,620 92,129 175,268 334,694 146,787 118,917 456,374 209,212 59,728 40,151 2,407,638 25,469 503,009 199,426 121,963 32,335 70,000 368,500 6,363,182 (1,449,035) YEAR-TO-DATE 3131/00 3/31/00 ESTIMATE ACTUAL $38,696 $41,631 52,658 46,614 265,617 243,396 281,715 287,708 66,097 61,141 73,701 67,345 204,752 222,539 110,090 119,719 89,188 98,343 351,606 335,504 135,307 129,848 44,796 48,759 30,113 26,206 4~708~717 5t327~655 4~914t147 1,805,729 1,878,629 19,102 21,471 346,018 318,277 124,649 115,898 66,805 67,629 28,001 25,580 35,000 36,403 190,000 192,476 4,359,639 4,385,116 (800,166) (775,265) 3~559~473 3~609~851 (YTD) ACTUAL/ 3/31 ESTIMATE 7.6% -11.5% -8.4% 2.1% -7.5% -8.6% 8.7% 8.7% 10.3% -4.6% -4.0% 8.8% -13.0% 4.0% .12.4% -8.0% -7.0% 1.2% -8.6% 4.0% 1.3% 0.6% -3.1% 1.4% (15) (16) (17) (18) fs300.xlsXEXPEND. Page 8 514100 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00 % EXPENDITURES TITLE SPECIAL REVENUE FUNDS: 100 2030 COPS SUP. LAW ENFORCEMENT PLUS OVERHEAD TOTAL COPS SRF 110 2020 TRAFFIC SAFETY SRF PLUS OVERHEAD TOTAL TRAFFIC SAFETY SRF 150 STREETS&ROADS SRF 3005 STREET MAINTENANCE 3010 SIDEWALKS AND TRAILS 3015 TRAFFIC CONTROL 3020 FLOOD AND STORM DRAIN CONTR 3025 MEDIANS AND PARKWAYS 5010 CONGESTION MANAGEMENT 9000 CAPITAL PROJECTS SUBTOTAL PLUS OVERHEAD TOTAL STREETS&ROADS SRF 160 9501 TRANS DEV ACT SRF-CAP PROJ 170 9703 HILLSIDE REPAIR SRF 180 3040 LANDSCAPE/LGTNG SRF PLUS OVERHEAD TOTAL LANDSCAPE/LGTNG SRF 25O 4010 4015 4020 DEVELOPMENT SRF ZONING ADMINSTRATION INSPECTION SERVICES DEVELOPMENT REGULATION SUBTOTAL PLUS OVERHEAD TOTAL DEVELOPMENT SRF 26O 5O05 5015 ENVIRONMENTAL PRG SRF INTEGRATED WASTE MGMT STORM WATER MANAGEMENT SUBTOTAL PLUS OVERHEAD TOTAL ENVIRNMNTAL PRG SR FISCAL YEAR 1999-00 ORIGINAL BUDGET REVISED BUDGET (if different) ESTIMATED ACTUAL (if different) 70,369 8,519 71,060 10,009 78~888 21,600 711 81z069 21,348 911 22~311 22z259 1,610,916 87,579 177,753 98,263 90,069 345,320 291,750 1,599,869 83,727 183,550 170,571 93,508 89,675 328,851 327,499 483,000 213,000 YEAR-TO-DATE 3131/00 ESTIMATE 3/31/00 ACTUAL 36,554 31,746 4,425 3,843 40~979 35~589 4,000 4,077 132 134 4z132 4~211 389,764 369,964 73,483 70,339 86,843 89,827 75,131 67,518 67,256 60,455 234,740 236,158 20,000 16,555 2,701,650 2,882,228 2,577,849 947,217 910,816 393,372 393,372 454,951 129,278 124,310 3~275~600 3~032~800 1~076~494 1~035~126 3~095~022 98,103 158,490 177,852 181,349 20,988 20,988 25,201 179,478 198~840 206~550 355,627 400,621 395,716 370,175 375,869 362,186 163,954 171,272 192,248 136,012 133,000 16,051 15,695 152~062 148z695 296,787 285,684 265,566 257,078 152,697 140,971 889,756 947,762 950,150 715,050 683,733 458,510 458,510 512,399 345,928 330,778 1~348~266 1~406t272 1~462r549 1~060~977 1~014~511 164,849 184,849 156,695 290,763 288,929 (YTD) ACTUAL/ 3/31 ESTIMATE -13.2% -13.2% -13.2% 1.9% (14) 1.9% 1.9% -5.1% -4.3% 3.4% -10.1% -10.1% 0.6% -17.2% -3.8% -3.8% -3.8% -2.2% -2.2% -2.2 % -3.7% -3.2% -7.7% -4.4% -4.4% -4.4% 117,521 109,085 -7.2% 96,270 89,125 -7.4% 455,612 445,624 213,792 198,210 -7.3% 58,517 67,702 26,304 24,387 -7.3% 514~129 513~326 240~095 222~597 -7.3% fs300.xls~EXPEND. Page 9 514100 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED = 75.00% EXPENDITURES TITLE 27O 7015 9000 HOUSING&COMM DEV SRF HCDA ADMINISTRATION CAP PROJECTS (SR CTR & ADA) SUBTOTAL PLUS OVERHEAD TOTAL HOUSING&COMM DEV SRF 290 6005 6010 RECREATION SRF RECREATION TEEN SERVICES SUBTOTAL PLUS OVERHEAD TOTAL RECREATION SERVICES 292 6020 FACILITY OPS SRF PLUS OVERHEAD TOTAL FACILITY SRF 293 6015 THEATER TCK SRCHG SRF PLUS OVERHEAD TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS 310 9704 PARK DEVELOPMENT FISCAL YEAR 1999-00 REvis~) ~STI~TEv ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 90,166 90,166 216,221 70,232 YEAR-TO-DATE 3/31/00 3/31/00 ESTIMATE ACTUAL 67,625 53,808 45,000 45,806 306,387 160,398 112,625 99,614 9,142 13,779 3,360 2,972 315z529 174~177 569,355 571,537 579,515 108,535 150,701 115~985 102~586 433,080 431,786 91,879 82,549 677,890 680,072 730,216 524,959 514,335 216,988 216,988 219,468 167,497 164,107 894~878 58,223 130,478 897~060 949z684 61,502 138,985 188,701 200~487 8,955 4,967 9,188 5,630 13~922 14~818 6~749~227 7~029~355 6~657~719 692~456 678~442 46,127 47,062 103,370 105,466 149~496 152z528 6,891 6,441 3,822 3,573 10~713 10,014 3~543z390 3r404z299 567~000 603~714 315~000i 60~000 60~709 (YTD) ACTUAL/ 3/31 ESTIMATE -20.4% 1.8% -11.6% -11.6% -11.6% -0.3% -10.2% -2.0% -2.0% -2.0 % 2.0% 2.0% 2.0% -6.5% -6.5% -6.5% -3.9% 1.2% fs300.xlslEXPEND. Page I0 5~4~00 CITY OF SARATOGA NINE MONTHS ENDED March 31, 2000 PERCENT OF YEAR ELAPSED -- 75.00% EXPENDITURES TITLE DEBT SERVICE FUND: 400 8015 LIBRARY BONDS DEBT SVC AGENCY FUNDS: 420 8020 LEONARD ROAD DEBT SVC 720 1040 C.A. TV TRUST FUND 730 8005 PARKING DIST #2 DEBT SVC 740 8010 PARKING DIST #3 DEBT SVC 990 1040 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL EXPENDITURES FISCAL YEAR 1999-00 REVISED ESTIMATED ORIGINAL BUDGET ACTUAL BUDGET (if different) (if different) 93~505 93,656 11,938 12,075 0 0 170,203 170,359 0 182~141 182~434 $12~300~590 $13~236~370 $12~162~956 YEAR-TO-DATE 3/31/00 3/31/00 ESTIMATE ACTUAL 88~000 88~198 8,500 11,043 169,000 168,718 177~500 179~761 $7~428~363 $7~342,818 (YTD) ACTUAL/ 3/31 ESTIMATE 0.2% (19) 29.9% (20) -0.2% (20) 1.3% -1.2% EXPENDITURE NOTES: (14) Traffic Safety - Crossing Guards will be paid later in the year. (15) Various costs paid early in the year, including special events, dues and parade support. (16) Saratoga Creek litigation settlement costs and liability insurance paid. (17) General Services - Printing costs higher m: new stationery. (18) Vessing Road - San Jose Water Dept payment of $126,441 paid in September (19) Debt service payments made in December and June. (20) Debt service payments made in September and March. fs300Jds~_,XPEND. Page 11 5/4/00 CITY OF SARATOGA Cash and Investment Report Balance as of March 31, 2000 Acquisition Type Institution Date Unrestricted Cash & Investraents: Cash: DD Comerica Bank - Savings N/A CK Comerica Bank - General Checking N/A CK Comerica Bank - Payroll Checking N/A FDR* Book Market Par Maturity Rating Value Value** Value Yeild Date Term Anticipated AAA $440,107 $440,107 $440,107 2.000% Revolving 1 $734 AAA 121,106 121,106 121,106 0.000% Revolving I 0 AAA 5,976 5,976 5,976 0.000% Revolvin[~ 1 0 Subtotal Cash '567,189 a 567,189 567,189 1.552% I 734 L.A.I.F. & Investments: MF L.A.I.F. N/A N/A 11,208,431 b 11,183,390 11,208,431 5.824% Revolving 1 54,398 CD Saratoga National Bank 07/03/98 CD Heritage Bank of Commerce 10/14/98 AAA 500,000 500,000 500,000 5.900% 07/03/00 365 2,458 AAA 562,683 562,683 562,683 5.650% 10/14/00 365 2,649 Subtotal CDs 1,062,683 1,062,683 1,062,683 5.768% 365 5,108 12,271,114 12,246,073 12,271,114 5.819% 183 59,506 12,838,303 12,813,262 12,838,303 5.631% 92 60,239 Subtotal L.A.I.F. & Investments Subtotal Unrestricted Cash & Investments Restricted Cash & Investments: SV Saratoga National Bank - CDBG N/A ES US Bank - Library Debt Service N/A CK Wells Fargo Bank - CDBG N/A CK Wells Fargo Bank - CDBG N/A AAA 91,490 91,490 91,490 2.530% Revolving I 193 AAA 5,800 5,800 5,800 0.000% Revolving I 0 AAA 26,020 26,020 26,020 0.000% Revolving I 0 AAA 6,519 6,519 6,519 0.000% Revolving 1 0 Subtotal Restricted Cash & Investments Total Cash and Investments Benchmark Yield Comparison 129,829 129,829 129,829 1.783% I 193 .. $i2,968~132 $i2~943,091 ' i $12,968 47 3 Month Treasury ~.82%I 1 Year Treasury 6.39%I Schedule of Maturities: Immediate $11,905,449 FY 1999-2000 1,062,683 Total $12,968,132 General Fund Loans Receivable: Hakone Foundation # Reserve Analysis: General Fund Reserve requirement adopted 6/25/97: General Fund Balance as of 3/31/00. $2,000,000 $8,667,359 Available Funds: Unrestricted Pooled Cash & Investments available for current year expenses in al._!l funds: (Includes unrestricted funds maturin[~ within the current fiscal year) $11,775,620 Principal $182,209 Maturity Rate Date Term 6.500% 03/01/2004 3,650 NOTES: DD - Direct Deposits CK - Checking Account MF - Mutual Fund SV - Savings Account ES - Escrow Account * FDR = The Financial Directory faf ag is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal Home Loan Bank Board. Ratings based on information released July 1998. **Market values for U.S. Treasury Notes provided by State. Street Bank and Trust Company. # This loan is noted for memorandum purposes only. The loan is amortized per the agreement with the Hakone Foundation. No payments are received. This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing assets (notes receivable) are listed above. Debt service reserve funds held by uustees are restricted pursuant to indenture covenants, and have been excluded from this report. Pursuant to Government Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet anticipated pool expenditure requirements for the next six months. Su mitred by: [ Approved by: 5/4/00 o:~pon~mmn)~po (Unaudited Results) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE May 9, 2000 ORIGINATING DEPT City Manager DEPT. HEAD: Paula Reeve AGENDA ITEM 7 CITY MANAGER: PREPARED BY: Cary Bioomquist SUBJECT: Approval of Agency Agreements for Countywide AB 939 Implementation Fee and Household Hazardous Waste Collection Program. RECOMMENDED MOTION (S): Authorize the City Manager to execute the annual renewal of the Agency Agreements for the Countywide AB 939 Implementation Fee and the Household Hazardous Waste Collection Program; REPORT SUMMARY: The Agency Agreements for the Countywide AB939 Implementation Fee and the Household Hazardous Waste Collection Program are two separate, but related, Integrated Solid Waste Management contracts, both of which expire on June 30, 2000. The City Council is being asked to review the Agreements and authorize the City Manager to execute the contracts for additional terms beginning July 1, 2000. City Attorney Richard Taylor has examined both Agreements and suggested revisions that were incorporated into the final drafts. Agency Agreement for Countywide AB 939 Implementation Fee Background The purpose of this Agreement is to state the terms and conditions under which the County will collect and distribute the AB 939 Implementation Fee. AB 939, or the California Integrated Waste Management Act of 1989, requires cities and counties to prepare, adopt and implement plans to reduce the level of waste disposed of in landfills by 25% in 1995, and 50% by the year 2000. The Act also requires jurisdictions to implement programs to properly manage Household Hazardous Waste (HHW). Since 1992, the Countywide AB 939 Implementation Fee has been imposed on each ton of waste disposed of at landfills for the purpose of funding jurisdiction specific programs and activities that contribute to achieving state-mandated waste stream reduction and diversion goals: Fit~een cities contract with the County of Santa Clara to collect and distribute these funds Page 2 - AB 939 and HHW Agreements Agreement for the Countywide AB 939 Implementation Fee continued Fiscal Impacts The Fee was established in 1992 at $1.00 per ton, was increased to $1.15 per ton in 1994, and eventually to the current level of $1.30 per ton in 1996. The proposed rate of $2.80 per ton is divided two parts 1) A Program Fee of $1.30 per ton to maintain an adequate revenue stream to ensure ongoing AB 939 related program activities for the fifteen cities and the unincorporated areas of the County; and 2) a HHW Fee of $1.50 per ton to provide funding to implement the Countywide HHW Program services at a 3% level. The Program Fee will be distributed among the jurisdictions as described in Exhibit B. The HHW Fee will be allocated among four types of services as described in Exhibit C. Proposed Changes to Agreement 1. Reauthorizes the Countywide AB 939 Implementation Fee for a three-year term to begin July 1, 2000 and provides for subsequent three-year extensions upon written agreement o the County and cities: and 2. Increases the Fee by $1.50 per ton, for a total fee of $2.80 per ton, to generate revenue to fund the Countywide Household hazardous Waste Program; and 3. Expands collection of the AB 939 Implementation Fee beyond current landfill facilities to also include non-disposal facilities located within Santa Clara County (Non-disposal facilities are defined as those facilities included in the County of Santa Clara Non-Disposal Facility Element and subsequent amendment to the Element. Typically, non-disposal facilities are transfer station and other facilities that accept wastes for processing and send some portion of wastes for disposal following processing.) Term The term of the Agreement will be from July 1, 2000 to June 30, 2003, and may be extended in three-year extensions upon written agreement. The Solid Waste Commission of Santa Clara County voted to support this fee increase at the October 27, 1999 Commission meeting. Agreement for Countywide Household Hazardous Waste Collection Program Background The Household Hazardous Waste program services are directly mandated under AB939. The City of Saratoga currently participates in the Countywide Household Hazardous Waste Collection Program which provides hazardous waste collection and disposal services and program publicity to residents of Santa Clara County. These wastes include common household products such as cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze and car batteries. The County conducts collection operations at two County Household Hazardous Waste Collection Facilities as outlined in (Attachment C). A third facility is planned and should become operational by September 2001. The Program will schedule an adequate number of collection days to provide service to 3% of households in each participating jurisdiction. Page 3 - AB 939 and HHW Agreements Agreement for the Countywide Household Hazardous Waste Collection Program continued Fiscal Impacts The HHW Fee, of $1.50 per ton, collected as part of the Agency Agreement for Countywide AB 939 Implementation Fee, will be the primary source of funding for HHW Program services and will generate $29,449 to serve approximately 323 households, as outlined in (Attachment A). However, $50,000 has been included in the FY 00/01 Integrated Solid Waste Management budget to provide funding to reflect the actual participation level of approximately 800 Saratoga residents per year. This remaining component of the HHW Program expenses is recovered through the rubbish bill solid waste management surcharge. Proposed Changes to Agreement 1. Will increase the Countywide AB 939 Implementation Fee by $1.50 per ton of waste disposed beginning July 1, 2000: and 2. A portion of the AB 939 Fee revenue will be returned to cities to be spent on local I-IH priorities: and 3. The total revenue generated for the HHW program for the City of Saratoga will be approximately $29, 449 at $1.50 per ton. Term The term of the Agreement will be from July 1, 2000 to June 30, 2003, and may be extended in three-year extensions upon written agreement. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION (S): The City of Saratoga would have to develop an alternative revenue source to fund AB 939 implementation and County HHW services. FOLLOW UP ACTIONS: 1. Execution of the Agreements by the City Manager 2. Forward endorsed Agreements to the County of Santa Clara ATTACHMENTS: 1. Agency Agreement for Countywide AB 939 Implementation Fee 2. Agency Agreement for Household Hazardous.Waste Collection Program DRAFT 4/24/2000 IO:OOAM ATTACHMENT AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga and sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the day of 2000. The term CITIES may refer to CITIES collectively or individually. RECITALS WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and program; and WHEREAS, the Solid Waste Commission of Santa Clara County has determined that a Countywide AB 939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management plans and programs in the fifteen cities and the unincorporated area of the county; and WHEREAS, the Fee shall be imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal to landfills located outside of Santa Clara County; and WHEREAS, the Solid Waste Commission has determined that a Household Hazardous Waste Fee be added to the Fee to provide the necessary funding to operate the Countywide Household Hazardous Waste Program; and WHEREAS, the County will collect said fees on behalf of the fifteen cities and the unincorporated area and will apportion the fees according to formula; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste services as specified in Household Hazardous Waste Elements adopted by each jurisdiction, and included as part of the Countywide Integrated Waste Management Plan; and WHEREAS, the Countywide Household Hazardous Waste (HHW) Program pi-ovides household hazardous waste management services to residents of Santa Clara County DRAFT 4/24/2000 10:00AM and is a necessary service to enable jurisdictions to meet the requirements of state law; and WHEREAS, the County Department of Environmental Health implements and administers the Countywide HHW Program for the unincorporated area and all participating jurisdictions desiring to participate in the Countywide HHW Program; and WHEREAS, the participating jurisdictions desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on'the ground, in a manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze and car batteries; and WHEREAS, the participating jurisdictions desire to modify current services and funding levels to provide household hazardous waste collection services to a minimum of 3% of the households in each participating jurisdiction during each fiscal year; NOW, THEREFORE, CITIES and COUNTY OF SANTA CLARA AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $2.80 per ton of waste to be disposed. The Fee is divided into two parts 1) a Program Fee of $1.30 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the county; and 2) a HHW Fee of $1.50 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B. The I-IHW Fee will be allocated to the COUNTY, CITIES, and Countywide HI-IW Program and Participating Jurisdictions as described in Exhibit C. The Fee shall be imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal to landfills located outside of Santa Clara County. Non- disposal facilities are defined as those facilities included in the County of Santa Clara Non-Disposal Facility Element (and subsequent amendments to that Element). 2. SERVICES PROVIDED BY COUNTY DRAFT 4/24/2000 IO:OOAM COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non- disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Integrated Waste Management Program. The COUNTY shall require each landfill and non- disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. · COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators. 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions within 30 days of receipt. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee at the non-disposal facility or landfill, but not at both locations. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HHW operations. 5. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self-insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the DRAFT 4/24/2000 IO:OOAM parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement. Additionally, CITY shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees, arising from misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any actions brought by third parties based on COUNTY's negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin in December 2000, and continue quarterly through August 2003. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter into the Agreement, CITIES's share of funds collected for Abandoned Waste Disposal Costs will be paid directly to the Countywide HHW Program as described in Exhibit C. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non-disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HI-IW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection and distribution of the Fee for at least five (5) years after'the termination date of this Agreement, unless otherwise required by law to retain such records for a longer DRAFT 4/24/2000 10:OOAM period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, and payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing 12. EFFECTIVE DATE OF AGREEMENT This agreement takes effect only upon approval by all fifteen cities and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by the parties. Each party's contact person designated in the Notice Section herein shall have the authority on behalf of the party they represent to execute any amendments pertaining to the distribution formulas. 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontraCtors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. 16. TERM OF AGREEMENT The term of this Agreement shall be fi.om July 1, 2000, to June 30, 2003, or until all funds fi.om the last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non- DRAFT 4/24/2000 IO:OOAM disposal facilities listed in Exhibit A for the Fee cormnencing with the Quarter ending September 30, 2000. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2003. 17. EXTENSION OF TERM This Agreement may be extended in three-year extensions upon written agreement of COUNTY and CITIES. 18.NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of Contact: Address: City: County of Santa Clara Contact: Margaret Rands Address: 1735 N. First Street Suite 275 City: San Jose, CA 95112 19. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 20. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. DRAFT 4/24/2000 10:00AM IN WITNESS WHEREOF, the parties have AGREEMENT FOR COUNTYWIDE AB 939 Agreement on the dates as stated below: "COUNTY" COUNTY OF SANTA CLARA, a political subdivision of the State of California By: Donald F. Gage, Chairperson, Board of Supervisors Date: executed this AGENCY IMPLEMENTATION FEE ATTEST: Phyllis Perez, Clerk, Board of Supervisors Date: APPROVED AS TO FORM AND LEGALITY: Kathy Kretchmer Deputy County Counsel "CITY" Date CITY OF a municipal corporation. by: Title: Date DRAFT 4/24/2000 IO:OOAM EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Owens-Coming Fiberglas Landfill Palo Alto Refuse Disposal Area Zanker Road Landfill Pacheco Pass Sanitary Landfill NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY City of Palo Alto Green Composting Facility Material Recovery Systems Facility Newby Island Compost Facility Zanker Materials Processing Facility The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station (SMART Station) Z-Best Composting Facility GreenWaste Recovery Facility ComCare Farms Composting Facility Pacheco Pass Landfill Composting Facility Butterick Enterprises Recyclery Premier Recycling Facility DRAFT 4/24/2000 IO:OOAM EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will .receive $1.30 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County, as documented in quarterly reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction's percent of countywide population, according to the latest available population report issued by the California Department of Finance. DRAFT 4/24/2000 IO:OOAM EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM HHW FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee of $1.50 per ton collected as part of the AB939 Implementation Fee will be the primary source of HHW Program funding. Funds derived from the HHW Fee will be allocated among four types of HHW service costs as follows: A. Program Fixed Costs funded on a per household basis B. Abandoned Waste Disposal Cost funded on a per household basis C. Variable Cost Per Car to provide a 3% base level service to all cities D. Discretionary Funding funded on tonnage generated per jurisdiction 2. PROGRAM FIXED COST Funds shall be distributed on a per household basis for fixed program costs. This portion of the funds shall be distributed directly to the Countywide HHW Program. Program fixed costs funding shall be calculated at $1.12, $1.19, and $1.24 per household for fiscal years 2001 through 2003 respectively. Fixed costs may include, but are not limited to 4.5 full-time equivalent staff members, facility leasing costs, vehicle lease costs, office supplies, county administrative overhead, training costs, equipment and facility maintenance, union negotiated salary and benefit increases and state mandated facility closure costs. 3. ABANDONED WASTE DISPOSAL COST Funds shall be distributed on a per household basis for abandoned waste disposal at $0.17 per household. This portion of the funds shall be distributed directly to the Countywide HHW Program. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The abandoned waste disposal cost portion will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. For the purposes of 10 DRAFT 4/24/2000 10:00AM this agreement, the PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organizations as follows: (1) "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Mobile Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year 2001. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and abandoned waste costs are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 3% of households across all participating jurisdictions. If the level of 3% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction the following year. 5. DISCRETIONARY FUNDING The Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of fixed cost, abandoned waste disposal cost and variable per car cost. Discretionary Funds will be paid as directed by each jurisdiction. Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, funding HHW public education, or providing special programs such as door-to-door collection of HHW for the elderly and/or disabled. 6. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES NOT participating in the Agency Agreement will receive their pro-rata share of funding received by the COUNTY from the HHW Fee, with the exception of funds for the abandoned waste disposal cost, described above. 11 DRAFT 4/24/2000 IO:OOAM If CITIES NOT participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HI-IW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the published rates charged to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The pro-rata share of liability will be shared as defined in Section 6 of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE. 12 ATTACHMENT DRAFT 4/24/2000 11:00AM AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the (CITY) referred to as a participating jurisdiction and the County of Santa Clara (COUNTY) on the day of 2000. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the county and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which an event has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze and car batteries. Residents of the CITY listed above will be eligible to bring household hazardous wastes to any household hazardous waste collection event where these wastes will be accepted for proper disposal as described below; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY'2001 through FY'2003 (July 1, 2000 -.June 30, 2003); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 3% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Fee (HHW Fee), as authorized by Public Resources Code 41901, to be collected at $1.50 6n each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal to landfills located outside of Santa Clara County. C:\WlNDOWS\TEMPXAb939hw3 .doc 1 DRAFT 4/24/2000 11:00AM NOW, THEREFORE, CITY, named above and COUNTY OF SANTA CLARA AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countyv~Jde Household Hazardous Waste Collection Program (CoHHW Program) available to their residents. Participating jurisdictions are those jurisdictions that enter into an "AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM." 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, of $1.50 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE will be the primary source of funding for HHW Program services. Revenue derived fi.om the HHW Fee will be allocated among four types of HHW service costs as follows: A. Fixed Program Costs funded on a per household basis B. Abandoned Waste Disposal funded on a per household basis C. Variable Cost Per Car to provide a 3% base level service to all cities D. Discretionary Funding funded on tonnage generated per jurisdiction Please see Attachment A for the projected HHW Fee revenue allocation by jurisdiction. 3. PROGRAM FIXED COST Funding shall be distributed on a per household basis for fixed program costs. This portion of the funding shall be distributed directly to the CoHHW Program. Program fixed costs shall be calculated at $1.12, $1.19, and $1.24 per household for fiscal years 2001 through 2003 respectively. Fixed costs are projected for Fiscal Year 2001 through 2003 in Attachment B. Fixed costs may include, but are not limited to 4.5 staff members, facility leasing costs, vehicle lease costs, office supplies, county administrative overhead, training costs, equipment and facility maintenance, union negotiated salary and benefit increases and state mandated facility closure costs. C:\WINDOWS\TEMP~b939hw3 .doc 2 DRAFT 4/24/2000 11:00AM 4. ABANDONED WASTE DISPOSAL COST Funds shall be distributed on a per household basis for abandoned waste disposal at $0.17 per household. This portion of the HHW Fee shall be distributed directly to the CoHHW Program. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The abandoned waste disposal cost portion will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. For the purpose of this agreement, the PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: (1) "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection (CoHHWCF) Facilities and Mobile Events. This portion of the Fee shall be distributed directly to the CoHHW Program. The Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year 2001. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and abandoned waste costs are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 3% of household across all participating jurisdictions. If the level of 3% of households is not reached, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has low participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year. 6. DISCRETIONARY FUNDING The Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of fixed costs, abandoned waste costs, and variable per car costs. Discretionary Funds will be paid as directed by each jurisdiction. Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in any jurisdiction by the Countywide HHW Program, subsidizing curbside used motor 6il collection, funding HHW public education, or providing special programs such as door-to-door collection of HHW for the elderly and/or disabled. C:\WINDOWS\TEMPXAb939hw3 .doc 3 DRAFT 4/24/2000 11:00AM 7. ADMINISTRATION AND PAYMENT OF HHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) will administer the Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE. 8. PROGRAM PUBLICITY The CoHHW Program shall have responsibility for developing and coordinating countywide awareness of HHW and Oil Recycling Programs. HHW Program public awareness responsibilities shall include but may not be limited to the following activities: · Serving as the formal contact to the major media. · Providing participating jurisdictions with educational materials developed for the CoHHW Program. · Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions. · Representing the program through educational presentations for schools and businesses and attendance at community events such as local fairs and festivals. CoHHW Program will provide participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY public awareness responsibilities, at the sole discretion of the CITY, shall include, but may not be limited to the following activities: · Provide a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication. · Adapting and distributing the media relations materials developed by the CoHHW Program to local newsletters, newspapers and to the electronic media. · Providing the HHW Program with a copy of locally produced materials. · CITY is responsible for conducting supporting outreach and publicity to attain the 3% goal of household participation. 9. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of Environmental Health. The Director of the Department of Environmental Health has the authority to execute all vendor contracts necessary to operate the program, to execute any necessary license agreements, to add additional services provided on a cost recovery and to terminate any contracts as warranted. All contracts/agreements/amendments shall first be approved by County Counsel. C:\WINDOWS\TEMPXAb939hw3 .doc 4 DRAFT 4/24/2000 11:00AM 10. MOBILE HHW EVENTS: COUNTY shall conduct Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County. The COUNTY shall obtain all necessary permits and licenses required for the Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). A third facility is planned and should become operational in September 2001. The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. The CoHHW Program will schedule an adequate number of collection days to provide service to 3% of households. See Attachment C, titled Draft HHW Schedule For Fiscal Year 2000/2001. The CoHHWCFs are located at: · Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale · Tenth Street Center, 1600 lOth Street, San Jose · San Martin, Murphy Avenue (future site, September, 2001) 12. CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by Federal regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the county will be allowed to bring their hazardous waste to CESQG collection events, which will be scheduled at the CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on-site collection, trap. sportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating businesses. See Attachment D, titled Santa Clara County CESQG Drop-offPrice List. C :\WINDOWS\TEMPLe. b939hw3.doc 5 DRAFT 4/24/2000 11:00AM 13. ABANDONED WASTE The CoHHW Program will allow for the disposal of abandoned waste by government agencies and nonprofit charitable reusers. Abandoned hazardous waste means a hazardous waste left at a property by an unknown party. Abandoned hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Disposal of abandoned hazardous waste by any government agency will be charged according to the CoHHW Program's published rates for conditionally exempt small quantity generators. 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization, is a nonprofit as defined in Section 501 C(3) of the Federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more then 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the Director of Enviromnental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned hazardous waste from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned hazardous waste in an annual amount not to exceed funds available from the Abandoned Waste Disposal Cost funding generated by the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE (Fee). Disposal available to nonprofit charitable reuse organization shall be on a first come first serve basis. Once the cost for disposal of the abandoned hazardous waste from Nonprofit Charitable Reusers is equal to the available funds collected through the Fee in any one fiscal year, disposal fees shall no longer be waived. Disposal of abandoned hazardous waste by the Nonprofit Charitable Reuser shall be charged according to the HHW Program's published rates for CESQGs. No costs shall be applied to the budget of a participating CITY. 15. WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in the Health and Safety Code section 25218.1 (e) or as later amended, and which include but are not limited to automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, ga?den chemicals, household cleaners, pool chemicals and other common hazardous consumer products. C:\WINDOWS\TEMP~b939hw3 .doc 6 DRAFT 4/24/2000 11:00AM ~ 16. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 above shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT A CITY may elect to augment funding provided for in this Agreement with CITY funds or direct their share of Discretionary Funds collected through the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE at landfills and non-disposal facilities to increase services provided by the CoHHW Program as outlined in this Agreement. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Environmental Health. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), Door- to-Door HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection. CITY agrees to augment up to an additional $ to the Countywide HHW Program during FY'2001. The variable cost per car rate is estimated at approximately $60.00 per vehicle at permanent HHW events, and other services will be charged at a cost recovery basis. 18. INFORMATION AND REGISTRATION LINE COUNTY will operate a telephone information and registration desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will register residents for the Mobile HHW Events and CoHHWF and provide information about hazardous household materials. CITY will be notified when indicated resident participation approaches the 3% base level of service. 19. SCHEDULING AND SITE SELECTION COUNTY shall work with the CITY to determine the date(s) of the Events and collections at the CoHHWCF. The CITY shall coordinate with the COUNTY in locating and securing sites for Mobile HI-IW Events. It is recognized that some of the cities participating in the Program may not have appropriate sites available. A proposed schedule of Mobile HHW Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate quantity of collection days to serve the 3% level of service in each participating jurisdiction. 20. OUTSIDE FUNDING C:\WINDOWS\TEMPkAb939hw3.doc 7 DRAFT 4/24/2000 11:00AM During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained, the Program will, at the COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 21. REGIONAL GRANT PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Integrated Waste Management Board. The Countywide HHW Program will act in behalf of all participating jurisdictions, as the lead applicant and grant administrator, and will use the grant funds for the development of a Countywide HHW Program. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. 22. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment B will provide clarification to local jurisdictions about delegation of CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the CITY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of a special emergency event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Collection events can be scheduled in as little as' ten (10) working days of a CITY's written request or at an agreed upon date thereafter. See Attachment E, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control, and handle wastes in accordance with State law. COUNTY will bill CITY for all special emergency events on a cost recovery basis and all payments shall be due thirty days following the receipt of the im;oice. 23. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions. C:\WINDOWS\TEMPLa~b939hw3.doc 8 DRAFT 4/24/2000 11 :OOAM The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 27 of this agreement. Summary information concerning these corporate sponsored events will be included in the HHW Program's annual report to the participating jurisdictions. 24. INSURANCE CERTIFICATES Contractors who provide hazardous waste transportation, treatment, or disposal. services shall have insurance with the following minimum limits: General Comprehensive - $1 million per occurrence, $2 million aggregate; Auto -$1 million; workers compensation -- statutory limits established by law; and environmental impairment liability -$1 million per occurrence, $2 million aggregate. Other contractors shall have insurance in amounts to be determined by the COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program. All insurance certificates shall name the CITY, its officers and employers as additional insured. 25. WASTE TRACKING AND REPORTING Within 30 days following the end of each quarter, COUNTY will provide a report to the CITY regarding participation rates from each participating jurisdiction. Midyear and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for transportation and disposal. COUNTY will prepare a report summarizing program activities which were delivered to the participating jurisdictions no later than six months after the end of the COUNTY's fiscal year. ' It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. For purposes of any potential disposal liability, each participating jurisdiction shall be deemed a discharger of only its pro rata proportion of household participation in the Program. For example, if the program served 1,000 vehicles from the City of Milpitas and 10,000 vehicles total from all participating jurisdictions, the pro rata portion of household participation from Milpitas would be ten percent. See also Section 27. COUNTY shall take steps to assure that the quarterly statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quartdr. Although the COUNTY will make every effort to keep the Variable Cost Per Car at approximately $60, an adjustment to the Discretionary Funding may be necessary. 26. PARTICIPATION REPORTING C:\WlNDOWS\TEMP~Ab939hw3 .doc 9 DRAFT 4/24/2000 11:00AM COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 27. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No p .arty, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. The COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to the CITY for transportation, treatment or disposal in any case where the COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 24 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the evefit. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total C:\WINDOWS\TEMPXAb939hw3.doc 10 DRAFT 4/24/2000 11 :OOAM liability for the household hazardous waste prior to assessing the CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total hazardous waste accepted by the Countywide HHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted fi.om the total liability prior to assessing the CITY's apportioned share of any liability for household hazardous waste. 28. TERMINATION This agreement may be terminated by any party upon one-year (365 days) written notice given by the anniversary date of each contract year. 29. TERM OF AGREEMENT The term of this Agreement shall be fi.om July 1, 2000, to June 30, 2003, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 30. EXTENSION OF TERM This Agreement may be extended for succeeding three-year terms if participating jurisdictions so agree in writing. 31. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a parmership or joint venture between the parties. 32. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instmm[nt. 33. CONTROLLING LAW C:\WINDOWS\TEMP~b939hw3.doc 11 DRAFT 4/24/2000 11 :OOAM This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 35. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of City Manager · City Address Santa Clara County Ben Gale, Director Department of Environmental Health PO Box 28070 San Jose, CA 95129 C:\WINDOWS\TEMPL,~b939hw3.doc 12 DRAFT 4/24/2000 I 1:00AM IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" COUNTY OF SANTA CLARA, a political subdivision of the State of California By: Donald F. Gage, Chairperson, Board of Supervisors Date: ATTEST: Phyllis Perez, Clerk, Board of Supervisors Date: APPROVED AS TO FORM AND LEGALITY: Kathy Kretchmer Deputy County Counsel "CITY" Date CITY OF a municipal corporation. by:. Title: Date C:\WINDOWS\TEMPL~kb939hw3.doc 13 DRAFT 4/24/2000 11 :OOAM Attachments: A B C D E FY 2001 Allocation of$1.50/ton AB 939 HHW Fee by Jurisdiction Estimated HHW Program Fixed Costs by Fiscal Year Draft HHW Schedule For Fiscal Year 2000/2001 Santa Clara County CESQG Drop-offPrice List Household Hazardous Waste Emergency Collection Plan C:\WINDOWS\TEMP~kb939hw3.doc 14 ATTACHMENT A 0 0 0 DRAFT 4/24/2000 11 :OOAM ATTACHMENT B Attachment B ESTIMATED HHW PROGRAM FIXED COSTS BY FISCAL YEAR 2001 2002 2003 Staff Salary And Benefits County Admin Overhead Facilities Lease Costs Vehicle Lease Costs Office Supplies Maintenance Staff Training Facility Closure ESTIMATED A~NUAL TOTAL $375,000 $400,000 $420,000 $95,000 $100,000 $105,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,500 $30,000 $30,000 $5,000 $5,000 $5,000 $10,000 $10,000 $10~000 $20,000 $20,000 $20,000 $580,500 $615,000 $640,000 C:\WINDOWS\TEMPL4,b939hw3.doc 15 ATTACHMENT DRAFT HHW SCHEDULE FOR FISCAL YEAR 2000/2001 Year Month Saturday Location Type of Event County Holidays (BOLD- NO EVENT) 1 NO EVENT NO EVENT TUES JULY 4 INDEPENDENCE DAY 8 SAN JOSE PERMANANT 15 SUNNYVALE PERMANANT 22 SAN JOSE PERMANANT 29 SUNNYVALE PERMANANT 5 SAN JOSE PERMANANT 12 SAN JOSE PERMANANT 19 SUNNYVALE PERMANANT 26 CUPERTINO TEMPORARY 2 NO EVENT NO EVENT MON SEPT 4 LABOR DAY 9 SAN JOSE PERMANANT '16 SUNNYVALE PERMANANT 23 SAN JOSE PERMANANT 30 SAN JOSE PERMANANT 7 SOUTH COUNTY TEMPORARY MON OCT 9 COLUMBUS DAY 14 SAN JOSE PERMANANT 21 SUNNYVALE PERMANANT 28 WEST VALLEY TEMPORARY 4 NO EVENT NO EVENT STAFF 8-HR REFRESHER TRAINING 11 SAN JOSE PERMANANT SAT NOV 11 VETERANS DAY 18 SUNNYVALE PERMANANT 25 NO EVENT NO EVENT THURS NOV 23 & 24 THANKSGIVING 2 SAN JOSE PERMANANT 9 SAN JOSE iPERMANANT 16 SUNNYVALE PERMANANT 23 NO EVENT NO EVENT MON DEC 25 CHRISTMAS 30 NO EVENT NO EVENT MON JAN 1 NEW YEARS DAY 6 SAN JOSE PERMANANT 13 SAN JOSE PERMANANT MON JAN 15 MARTIN LUTHER KING DAY 20 SUNNYVALE PERMANANT 27 SAN JOSE PERMANANT 3 SOUTH COUNTY TEMPORARY 10 SAN JOSE PERMANANT 17 SUNNYVALE PERMANANT MON FEB 19 PRESIDENTS DAY 24 iSAN JOSE PERMANANT f:/jorgenn/Rfp2000/SCH EDULE2.xls DRAFT HHW SCHEDULE FOR FISCAL YEAR 2000/2001 continued Year Month Saturday Location Type of Event County Holidays (BOLD- NO EVENT) 3 MT VIEW TEMPORARY 10 SAN JOSE =ERMANANT 17 SUNNYVALE PERMANANT 24 SAN JOSE PERMANANT 31 SAN JOSE PERMANANT 7 MILPITAS TEMPORARY 14 SAN JOSE PERMANANT SUNNYVALE APR 15 EASTER 121 SUNNYVALE PERMANANT 28 LOS ALTOS TEMPORARY 5 STANFORD TEMPORARY 12 SAN JOSE PERMANANT 19 :SUNNYVALE PERMANANT 26 NO EVENT NO EVENT MON MAY 28 MEMORIAL DAY · ,' '~-.'~ ~",~i~ ~ ~.~l~'~,~' 'll~[il '~',, 2 SOUTH COUNTY TEMPORARY 9 SAN JOSE PERMANANT 16 SUNNYVALE PERMANANT 23 SAN JOSE PERMANANT 30 SAN JOSE PERMANANT f:/jorgenn/Rfp2000/SCHEDULE2.xls ATTACHMENT°E~ SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO.: MEETING DATE: ORIGINATING DEPT: May 9, 2000 Community Development AGENDA ITEM: CITY MANAGER: PREPARED BY: James Walgren, Director SUBJECT: Planning Commission Actions, April 26, 2000 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission action minutes of April 26, 2000. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW-UP ACTION(S): N/A ADVERTISING~ NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action minutes. CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: PLACE: TYPE: Wednesday, April 26, 2000 - 7:30 p.m. Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting ROLL CALL PRESENT: ABSENT: STAFF: Commissioners Barry, Jackman, Kurasch, Page, Patrick and Chair Bernald Commissioner Roupe Director Walgren and Minutes Clerk Swanson PLEDGE OF ALLEGIANCE MINUTES - April 12, 2000 ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 21, 2000. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR DR-00-010 (503-82-003) - PEI / WANG, 18128 Rodeo Creek Hollow; Application for Design Review approval to construct a 3,862 square foot single story residence on a vacant lot. A 1,063 square foot basement is also proposed. Maximum height of the residence is proposed to be 18 feet. The parcel is 13,091 square feet (net) and is located within an R-1-12,500 zoning district. APPROVED 6-0. PUBLIC HEARINGS If you challenge a decision of the Planning Commission pursuant to a pubhc hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence dehvered to the Saratoga Planning Commission at, or prior to, the public hearing. 2. DR-99-036 & V-00-006 (517-14-094) - BELSHAW, 20620 Sigal Drive; Request for Design Review approval for the construction of a new 5,083 square foot, two-story residence. The application includes a request for Variance approval for the construction of retaining walls in excess of three feet in height within the front yard setback. The site is currently vacant, is 1.63 acres in size and is located within an R-I-40,000 zoning district. (CONTINUED FROM 4/12/00) DR-99-036 APPROVED 4-2 (COMMISSIONERS KURASCH AND PATRICK OPPOSED). V-00-006 APPROVED 6-0. PLANNING COMMISSION ACTION MINUTES APRIL 26, 2000 PAGE V-00-003 (503-23-040) - LOTTI, 20636 Marion Road; Request for Variance approval to construct a 665 square foot addition. The addition would connect a non-conforming detached structure to the main residence, necessitating Variance approval. The property is 11,038 square feet and is located within an R-1- 12500 zoning district. APPROVED 6-0. SM-00-002 & V-00-002 (503-29-126, 503-30-049, 503-30-050, 503-30-056) - HEAD, 14684 Pike Road; Request for Site Modification and Variance approval to construct and replace landscape improvements including walkways, fountains, retaining walls and a loggia. Site Modification approval is required to allow substantial site grading to occur and Variance approval is required to allow some retaining ~valls to exceed five feet in height. The property is 18.75 acres and is located within a Hillside Residential zoning district. SM-00-002 AND V-00-002 APPROVED 5-0 (COMMISSIONER PATRICK RECUSED HERSELF FROM DISCUSSION OF THE ITEM DUE TO POTENTIAL CONFLICT OF INTEREST). V-99-007 (517-14-048) - SNELL, 15200 Norton Road; Request for Variance approval for the construction of a pool within 7 feet of a side property line where 20 feet is required. The 1.6 acre site is devdoped with a single family residence and is located within an R-I-40,000 zoning district. APPROVED 6-0. DR-00-003 (503-26-015) - AMBROSE & HARRISON, 14471 Springer Avenue; Request for Design Review approval for the demolition of an existing 1,200 square foot residence and the construction of a new 2,707 square foot, two-story residence. The site is 7,500 square feet and is located within an R-l-10,000 zoning district. APPROVED 5-1 (COMMISSIONER KURASCH OPPOSED). DR-00-006 (503-16-053) -JONES, 13251 Pierce Road; Request for Design Review approval for the addition of 355 square feet to the first floor and a second floor of 1,626 square feet to the existing 3,786 square foot, single story residence. Total floor area proposed is 5,767 square feet. The site is 43,560 square feet and is located within an R-I-40,000 zoning district. APPROVED 6-0. DIRECTOR ITEMS COMMISSION ITEMS COMMUNICATIONS WRITTEN - Notices for regular Planning Commission meeting of May 10, 2000 ADJOURNMENT AT 10:00 P.M. TO NEXT MEETING - Wednesday, May 10, 2000, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: May 9, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM _~ CITY MANAGER: L.~ ~~~'- PREPARED BY: City Clerkf'~ SUBJECT: APPROVAL OF COUNCIL MEETING MINUTES. RECOMMENDED MOTION: REPORT SUMMARY: That Council approve the minutes as submitted. Attached are the draft minutes of the regular Council meeting of April 19, 2000 and the adjourned Council meeting of April 25, 2000. FISCAL IMPACT: None ADVERTISING, NOTICING AND PUBLIC CONTACT: CONSEQUENCES OF NOT ACTING ON MOTION: Posting of the Council agenda. None. '. FOLLOW UP ACTIONS: None. ATTACHMENTS: Draft minutes. MINUTE5 SARATOGA CITY COUNCIL APRIL 5, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, :~3777 Fruitvale Avenue at 6:30 p.m. for the purpose of discussion on Saratoga vs. Hinz - Existing Litigation - Gov't. Code 54956.9(a) 5ante Clara Superior Court No. CV784560. Mayor's Report on Closed Session - 7:00 p.m. Mayor Pro Tern Mehoffey reported there was Council discussion but no action was taken. Mayor Pro Tern Mehaffey called the regular City Council meeting to order at 7:02 p.m. and requested Councilmember Strait to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Strait, ~Tohn Mehaffey. ABSENT: ALSO PRESENT: 5tan Bogosian Bill Norton, Interim City Manager Richard Taylor, City Attorney Carol Ann Butler, Interim City Clerk ,Tames Walgren, bit. of Community bevelopment Mary ,To Walker, bir. of Administrative Services ,Tohn Cherbone, bir. of Public Works Cary Bloomquist, Administrative Analyst Paula Reeve, Administrative Analyst City Council Minutes April 5, 2000 REPORT OF CITY CLERK ON POSTIN6 OF A6ENDA FOR APRIL 5, 2000. Carol Ann Butler, Interim City Clerk reported that pursuant to Government Code Section 554954.2, the agenda for the meeting of April 5, 2000 was properly posted on March 31, 2000. COMMUN'rCATION$ FROM COMMT$$ION$ & PUB_I~C Marvin Backer, 12120 Mellowood Drive Mr. Backer complained about the potholes in need of repair on Woodside/Brookglen and Titus. He indicated they have been there for years. 5toff will follow-up on action to be taken. Written Communications - None Oral Communications - Council Direction to 5taft - None CEREMONTAL ITEMS - 7:10 P.M. 1. PROCLAMA'TT. ON HONORIN6 SYLVIA MCLAU6HL~N - ONE OF THE FOUNDERS OF SAVE THE BAY. STAFF RECOMMENDA TZON That Council approve the subject proclamation. Mayor Pro Tern Mehaffey read Proclamation honoring Sylvia McLaughlin. 5TREIT moved approval of the proclamation as submitted, seconded by BAKER and carried with BOGOSIAN absent. City Council Minutes 2. PROCLAMA'r~ON DAY. DECLARING APRIL 6, 2000 April 5, 2000 NATIONAL TARTAN That Council approve the subject proclamation. Mayor Pro Tern Mehaffey read the Proclamation declaring April 6, 2000 National Tartan Day. BAKER moved approval of the proclamation as submitted, seconded by WALTONSMITH and carried with BOGOSIAN absent. CONSENT CALENDAR 3A. FINANCIAL REPORT5 FOR THE 8-MONTHS ENDING FEBRUARY 2000 AND FY99/O0 BUDGET AD,TUSTMENTS. STAFF RECOMMENDA TT. ON: That Council accept financial reports and adopt resolution. Title of Resolution No. 00-01~8: RESOLU'rZON OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING AD,TUSTMENT5 TO THE FISCAL YEAR 1999/00 BUDGET. BAKER moved adoption of Resolution No. 00-018, seconded by 5TREIT and carried with BOGOSIAN absent. 3B. AGREEMENT BETWEEN THE CITY OF SARATGOA AND SARATOGA- LOS GATOS ,TOINT UNION HIGH SCHOOL DISTRICT. Mayor Pro Tern Mehaffey removed Item 3B from the Consent Calendar to address the issue, of pool usage. ,Toan Pisani, Director of Recreation, reported the Recreation Department is helping run the swim program and co-sponsoring, however, the City contracts out to the actual running of the program. The City does registration, sign-ups and publicizing of the program. 3 City Council Minutes April 5, 2000 STAFF RECOMMENDATION: That Council approve the agreement and adopt the resolution. Title of Resolution No. 00-019: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FY1999/00 BUDGET AND APPROPRIATING FUNDS FOR THE CITY'S CONTRIBUTION TO THE SARATOGA HIGH SCHOOL SWIMMING POOL. BAKER moved approval of the cooperative program planning and facility use agreement and adoption of resolution, seconded by WALTONSMITH and carried with BOGOSIAN absent. 3C. APPROVAL OF CHECK RE6TSTER. STAFF RECONtMENDA'I'T. ON: Note and file. BAKER moved approval of the check reqister as submitted, seconded by 5TREIT and carried with BOGOSIAN absent. 3D. AWARD OF CONSTRUCTION CONTRACT FOR THE VESSING ROAD DISTRICT PRO;rECT. STAFF RECOMMENDA'I'ION: That Council award the contract to huron & Venables, Inc. in the amount of $120,561 and authorize staff to execute change orders up to $30,000. BAKER moved to .award the contract to Duran &Venables, Thc. in the amount of $!20,56! and. authorize staff to execute chanqe orders up to $30,000, seconded by STREIT and carried with BOGOSIAN absent. City Council Minutes April 5, 2000 3fi. AWARD OF CONSTRUC'I'~ON CONTRACT FOR THE KEVIN MORAN/GARbT. NER PARK PLAYGROUND 'rMPROVEMENTS. STAFF RECOMMENDA'I'ZON: 3F. That Council award the contract to Playgrounds Unlimited in the amount of $268,786.93 and authorize staff to execute change orders up .to $20,000. BAKER moved to award the contract to Playgrounds Unlimited in the amount of $268,786.93 and authorize staff to execute change orders up to $20,000, seconded by 5TREZT and carried with BO~OS]]AN absent. APPROVAL OF M]~NUTE$ - REGULAR MEET3:NG OF MARCH 15, 2000. Mayor Pro Tern Mehaffey removed Item 3F from the Consent Calendar. STAFF RECOMMENDA TT. ON: Approve minutes as submitted. Corrections: Page 2: Comments from Chris Hawks: Delete "tip" insert "top". Page 4:2nd paragraph: Delete "20000" insert "2000". Page 7:4th paragraph: Last sentence should reflect "Waltonsmith added the City does not have it's BMR plan ready at this time. Page 9: Delete "Shana" insert "Shah". 5TREZT moved approval of March 15, 2000 minutes as amended, seconded by WALTONSMZTH and carried with BOGOSZAN absent. APPROVAL OF MINUTE5 - AD,TOURNED MEET'rNG OF MARCH 21, 2000. Councilmember Waltonsmith removed Ztem 3G from the Consent Calendar. 5TAFF RECOMMENDAI"ZON: Approve minutes as submitted. City Council Minutes April5,2000 Corrections: Page 2: lst paragraph: Deleted "March 15" insert "March 21". Page 3: Sentence referencing Councilmember Waltonsmith should reflect "Councilmember Waltonsmith comented on wanting to get more space for the citizens and the importance of using the land wisely and urging Council to pay for temporary renovations. Page 4:3rd paragraph: Delete "for" bond financing and insert "to" bond financing. Page 8: Under Valley Transportation Authority PAC - Delete "transit- setter" and insert "transit center." 5TREIT moved approval of March 21, 2000 minutes as amended seconded by BAKER and carried with BOGOSIAN absent. 3H. RE$OLUT:[ON APPROVING AMENDMENTS TO FRANCHISE TRANSFER AGREEMENT WTTH Tc'r OF CLEVELAND, 'rNC. AND TC:[ CABLEV'I'5'rON OF CALT. FORN:[A, :[NC., dba AT&T CABLE SERV:[CE5 AND AUTHOI::~:ZE THE C'rTy MANAGER TO EXECUTE THE AMENbMENT. STAFF RECOMMENDATION: That Council adopt the resolution. Title of Resolution No. 00-020: RESOLUTION OF THE C'rTY COUNCT. L OF THE CITY OF SARATOGA APPROVTNG AMENDMENT TO FRANCH]:SE TRANSFER AGREEMENT W]:TH TCT OF CLEVELAND, ]:NC. AND TC]: CABLEVTSTON OF CAL]:FORN'rA, ]:NC., dba AT&T CABLE 5ERV]:¢E5 AND AUTHOR]:ZE THE c'rTY MANAGER TO EXECUTE THE AMENDMENT. 5TREIT moved adoption of Resolution No. 00-020, seconded by BAKER and carried with BOGOS]:AN absent. City Council Minutes April 5, 2000 31. PLANNING COMMISSION ACTION MINUTES - MARCH 22, 2000. STAFF RECOMMENDATION: That Council note and filed. STREIT moved Planning Commission minutes of March 22, 2000 be noted and filed as submitted, seconded by BAKER and carried with BOGOSIAN absent. 3,T. AUTHORIZE THE FII,~NG OF AN APPL.T. CA'i-X. ON FOR FUNDS THROUGH THE VALLEY TRANSPORTATION PLAN 2020 FOR THE COX AVENUE RAILROAD CROSSING UPGRADE PRO,TECT. STAFF RECOMMENDA'I-ZON: That Council endorse the project concept for submittal to the Valley Transportation Authority for inclusion in the VTP 2020 planning document. STREIT moved to endorse the project concept for submittal to the Valley Transportation Authority for inclusion in the VTP 2020 planning document, seconded by BAKER and carried with BOGOSIAN absent. OLD BUSINESS e SHORT TERM REPAIRS FOR COMMUNITY CENTER & SENIOR CENTER. STAFF RECOMMENDA'I'ZON: That Council direct staff to move forward with facility improvements. ~Toan Pisani, birector of Recreation, presented staff report. BAKER moved to direct staff to move forward with the facility improvements on a phased program and report back with individual budget expenditure requests for approval as they are firmed up, seconded by WALTONSMITH and carried with BOGOSZAN absent. City Council Minutes April 5, 2000 PUBLIC HEARINGS o VE$SING ROAD DISTINCT INIT~AT'J;ON OF CONDEMNATION PROCEEDINGS. Mayor Pro Tern Mehoffey reported this item was removed from the calendar os being resolved. o APPEAL OF PLANNING COMMISSION DECISION FOR APPROVAL OF WOOD ,SIDING VS. STUCCO SlDING FOR PROPERTY LOCATED AT 14:~61 $PI:~NGER AVENUE (QIAN) STAFF RECOMMENDA'1"ZON: That Council deny the appeal. ,Tames Walgren, Director of Community Development, presented the staff report. Mr. Walgren reported the applicant has proposed stucco siding and does not wish to change the plans. Planning Commission approved the residence with the condition that wood siding be used on all elevations. The subject property is 7,49? sq. ft. and is located in an P,-1-10,000 zoning district. The public hearing was declared open at 7:55 p.m. Appearances: Mr. C~ian, Applicant/1426z Springer Avenue Mr. Qion requested Council to grant his appeal and approve stucco siding. Eddie 5hen, Pro~ect Architect/LR5 Associates Mr. 5hen requested approval of the two-story home being stucco. Mr. 5hen commented the stucco siding blends better with the rock veneer in the neighborhood. The public hearing was declared closed at 8:08 p.m. 8 City Council Minutes April 5, 2000 BAKER moved to deny the appeal and uphold Plonninq Commission'~ decision of approval of the wood siding, seconded by WALTONSMITH and carried with STREIT dissenting and BOGOSIAN absent. 6. AMENDMENT TO APPEAL PROCEDURE5 ORDINANCE. STAFF RECOMMENDA'I-~ON That Council introduce the ordinance and waive the first reading. .Tames Walgren, Director of Community Development, presented the staff report. Richard Taylor, City Attorney, corrected typo on Ordinance, Section 2.1(a) to delete "hole" and insert "whole." The public hearing was declared opened and closed at 8:31 p.m. Title of Ordinance 198: AN ORDINANCE AMENDIN6 THE SARATOGA CITY CODE CONCERNING PROCEDURE5 FOR APPEAL5 OF ADMINISTRATIVE DECISIONS. WALTONSMITH moved introduction of ordinance and waiver of first readinq, seconded by 5TREIT and carried with BO~OSIAN absent. COMMUNITY DEVELOPMENT BLOCK bRANT- ALLOCATIONS FOR 2000/2001. STAFF RECOMMENDA'I'ZON: That Council make allocations for approximately $166,478 for FY2000/01 CDB~ and Human Services funds. Cary Bloomquist, Administrative Analyst and Paula Reeve, Administrative Analyst, presented staff report. The public hearing was declared open at 8:52 p.m. City Council Minutes Appearances: April 5, 2000 Bob Campbell, Executive Director/Project Match Mr. Campbell requested Council's support for the Senior Shored Housing. Mr. Campbell indicated the Senior Group Home has been open since 1991 and that Saratoga residents have first priOrity. Stephanie Pearson, Project Manager/Bridge Housing Corp. Ms. Pearson indicated she represented and consulted for Cupertino Community Services. She indicated CCS dispenses emergency services and helps needy members from the West Volley community. CCS is in charge of the Cupertino BMR placement for affordable housing. Ms. Pearson added that placement priorities are determined by income validation and not too many assets. A background check is conducted, a 5 year rental referral, and applicant has to live or work in Santa Clara County. There is a possibility of a lottery process because of the high demand for housing. Koran Lorenz,Administrative Director/Saratoga Adult Core Center Ms. Lorenz indicated the Center is open 9 a.m. - 5 p.m. five days a week and 20 seniors are cared for daily. Ms. Lorenz expressed her appreciation for Council's continued support. 5he announced the Spaghetti Dinner Fundraiser was being held April 6th. The public hearing was declared closed at 9:19 p.m. Bill Norton, Interim City Manager, suggested Council to move $50,000 from the Bridge Housing Corporation, which is acting on behalf of Cupertino Community Services, Inc., and put it into the funding for the Sewer Abatement Program for anyone that qualifies under Iow income housing. Mr. Norton indicated that if there were no need for this, the City would then contact the City Qf Cupertino regarding o credit for the City of Saratoga to negotiate for o contribution, but would first make sure there were adequate funds for sewer connection. Z0 City Council Minutes April 5, 2000 BAKER moved to appr.ove the allocation of $166,478 for. FV2000/O1 CDBG and Human Sar.vices funds as modified by tr.ansfer.r.in~ $50,000 fr.om what was allocated to Br.idqe Housin~/CCS to the City of Sar.atoqa's Sanitation Sewer' Connection Or.dinance, chanc]inq the sanitar.y sewer, connection to $87,27! .00, seconded by 5TREIT and car.r.ied with BOGOSIAN absent. Mayor Pro Tern Mehaffey declared a recess at 9:20 p.m., reconvening at 9:30 p.m. with BOGOSIAN absent. NEW BUSINESS ECONOMIC DEVELOPMENT INITZATIVES AND DISCUSSION OF REDEVELOPMENT FORMATION PROCESS FOR THE CI'I'Y'S COMMERCIAL DISTRICTS. STAFF RECOMMENDA'I'ION: 10. That Council accept report and direct staff accordingly. Bill Norton, Interim City Manager, presented staff report and introduced David Madway, Attorney with Shepherd, Mullin, Richter & Hampton LLP, Mr. Madway reviewed the history of Redevelopment Agencies and discussed the process for setting up an agency. The Council directed the Interim City Manager to put together additional information from consultants on parking structure cost and size; talk to the merchants and store owners on what they'd like the City to do. Council directed Interim City Manager to pursue more options in The Village, specifically in regard to parking needs. ~$ENERAL FUND OPERATZN~ RESERVE POLZCY. STAFF RECOMMENDATION: That Council adopt the policy. 11 City Council Minutes 11. 12. April 5, 2000 Mary ~To Walker, Director of Administrative Services, presented the staff report. BAKER moved to adopt the policy, seconded by STREIT and carried with BOGOSIAN absent. AUTHORIZING MAYOR TO TRANSMIT A LETTER TO GOV. DAVIS REQUESTING FISCAL RELIEF IN STATE BUDGET 2000/01. (REQUESTED BY COUNCILMEMBER BAKER) STAFF RECOMMENDATION: That Council authorize the Mayor to transmit a letter to Gov. Davis. BAKER moved Mayor Pro Tern be authorized to sign letter to be sent to Gov. Davis, seconded by 5TRE]:T and carried with BOGOSIAN absent. DISCUSSION OF SANTA CLARA COUNTY FIRE TRAINING FACILITY. (REQUESTED BY COUNCILMEMBER BAKER) STAFF RECOMMENbAI-J:ON: None. Paula Reeve, Administrative Analyst, presented staff repOrt. Ms. Reeve indicated she had contacted the Fire Chief's Association and indicated that more financial information is needed in order for Councilmember Baker to make a recommendation to SCCCA. Councilmember Baker reported on discussion at the Santa Clara County Cities Association meeting regarding the proposed facility. Appearance: Frank Lemmon, Public Safety Commissioner Paula Reeve, Administrative Analyst, suggested the Santa Clara County Fire Chief's Assoc. present the business plan of the component prior to returning to SCCCA with recommendation. City Council Minutes April 5, 2000 13. APPROVTNG RECONVENING OF LIBRARY EXPANtTON COMMITTEE. STAFF RECOMMENDATION: Approval. Bill Norton, Interim City Manager, presented staff report. Councilmember 5trait commented the need for new people to serve on the expansion committee. He suggested 3 open seats be advertised to serve as representatives on the committee. Staff will advertise and schedule interviews for April 25th. CITY COUNCIL ITEM5 AGENDA ITEM5 FOR THE NEXT AD,TOURNED MEETING - APRIL 25, 2000 Councilmember Waltonsmith requested a report on items to be scheduled in the City Newsletter. This item will be agendized for April 19th. Councilmember Waltonsmith requested an agenda item on AT&Texpenditures for April 19th. Councilmember Waltonsmith requested an agenda item for discussion on the management of the Heritage Orchard. Councilmember Waltonsmith requested an agenda item for Park Impact Fee. OTHER Councilmember Baker commented on the letter received from Mr. Hank Bardsley, 13~69 Stewart Court, regarding $72.00 Water Heater Installation Permit Fee. Staff will follow-up and place the discussion of subsidizing fee on a future agenda. Z3 City Council Minutes April 5, 20O0 CITY MANAGERS REPORT · Mayor Bogosian and he had met with Anthony Gonsalves, newly contracted lobbyist, in Sacramento. · Mayor Bogosian had testified before local government committee on the merits of the Tax Equity Allocation Bill (TEA Bill 1883). There was no opposition and unanimously passed. Letters of support were submitted from other TEA cities in Santa Clara County. The next Appropriations Committee meeting is scheduled within the next few weeks. · Discussion with Mtn. Winery on improvements that would be beneficial to the City of Saratoga. · Lights at Argonaut Shopping Center have been removed. · The Community Development Director has sent out Request for Proposals for the Housing Element Services and the process will start within 2-3 months. · City of Saratoga will host Chamber of Commerce Mixer on April 20th at the Warner Hutton House. AD,TOURNMENT There being no further business, the Mayor declared the meeting adjourned at 11:10 p.m. Respectfully submitted, Carol Ann gu~ Interim City Clerk 14 M~NUTE5 SARATOGA CITY COUNCIL Ab,TOURNED MEETIN6 APRIL ;~§, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:30 p.m. for the purpose of discussion on Existing Litigation - Warfel v. City of Saratoga - Case No. ~)9-55~):17-MM, United 5tares Bankruptcy Court - Gov't. Code Section 54956.9(a). BAKER moved Councilmember Strait be appointed Mayor Pro Tern, seconded by Waltonsmith and carried with MEHAFFE¥ and BOGOSTAN absent. Mayor Pro Tern Report on Closed Session - 7:00 p.m. Mayor Pro Tern 5trait reported there was Council discussion but no action was taken. Mayor Pro Tern Strait called the adjourned City Council meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Ann Waltonsmith, Even Baker, Nick 5trait ~Tohn Mehaffey & 5tan Bogosian Bill Norton, ~[nterim City Manager Carol Ann Butler, ~[nterim City Clerk ~Tames Walgren, bit. of Community Development Mary ,To Walker, bit. of Administrative Services ,Tohn Cherbone, bit. of Public Works Cam/Bloomquist, Administrative Analyst City Council Minutes April 25, 2000 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR API:U:L 25, :~000. Coral Ann Butler, Interim City Clerk reported that pursuant to Government Code Section 554954.2, the agenda for the meeting of April 25, 2000 was properly posted on April 21, 2000. COMMUNICATION5 FROM COMMISSIONS & PUBL,I:C Fran Andreson, 19952 Garnett Ct., provided a copy of of a listing brochure for Pork Saratoga commercial oreo on Saratoga-Sunnyvale Rood. Mr. Andreson indicated that he had received this information from the Round Table Pizza Restaurant, which currently occupies about 3400 s.f. in that shopping area. Councilmember Baker requested Council direct the City Manager to inquire about zoning and return to Council with the effects on the Gateway and the impact on long term city planning. CEREMONIAL ITEMS - 7:10 P.M. HONOI:~NG EAGLE COURT OF HONOR: ,TEFF BEYERS, ANDREW HOLLENHORST, BEN TEAGARDEN AND REED WOOLSEY. Mayor Pro Tern 5treit read the Proclamation and presented individual commendations to ,Tell Bayers, Andrew Hollenhorst and Reed Woolsey. Ben Teagarden was not present. ,TAINT MEEI'ZNG WITH FINANCE COMMISSION PRESENT: Commissioners Ochi, Chang, Gordon, Brookfield, Swan and Rotan FISCAL YEARS 2000/01 AND 2001/02 DRAFT BUDGET PRESENTAT'J:ON - DIRECTOR OF ADMINISTRAT3:VE SERVICES. 2 City Council Minutes STAFF RECOMMENDA T'ION April 25, 2000 Review the draft budget for FY2000/01 and 2001/02, and direct staff to return in May to present the revenue and expenditure portions of the draft budget. Mary ,To Walker, Director of Administrative Services, presented staff review of the draft budget and highlighted the following budget changes: General Government · Public Safety · Public Works · Community Development · Environmental Services · Recreation Services · Community Support · Debt Service · Capital Improvements The next budget presentation is scheduled for May 17th to review revenues and expenditures with the budget adoption scheduled in ,Tune. FIVE YEAR REVENUE & EXPENDITURE PRO,TECTION$. Chuck Swan, Chair/Finance Commission, reviewed the Five year Revenue & Expenditure Projections. ON-GOING ACI'ZVITIE$: a) Purchasing Policy b) Government Accounting Standards Board (GASB 34) c) Performance Measures On-going Activities: a) Purchasing Policy b) Government Accounting Standards Board (GASB 34) c) Performance Measures Mary .To Walker and Chuck Swan reviewed on-going activities. 3 City Council Minutes April 25, 2000 Ab,TOURNMENT TO ,TOTNT MEETING WTTH I.ZBRAR¥ COMMISSION Commissioners Manzo and Gipstein were present. Chair Manzo indicated Measure N carried with a 77.5% vote. Ms. Manzo commented that communications with the community are working well and new library issues are posted on the KSAR bulletin board and kiosk at City Hall. Chair Manzo said the timetable for the Library Expansion Project would be available after the appointment of the Libra~/Expansion Committee. Councilmember Baker suggested progress of libra~/project be placed in the Ctuarterly Newsletter. Councilmember Waltonsmith suggested monthly reports on progress be placed in the Saratoga News. The City Oversight Committee will review the financials for potential architects. The criteria for selection of the committee will be scheduled for May 17th and the interviews scheduled for the 2"a meeting in ~Tune. The groundbreaking for the Library Expansion Project is tentatively scheduled for August 200:t. OLb BUSZNESS o PARK5 & RECREAT'J:ON COMM]:SS]:ON RECOMMENDAT]:ON5 FOR ALLOCATZON AND D]:SPERSAL OF APPROXTMATELY $30,000 TN PARK' DEVELOPMENT FUNDS FOR TRATL5 TMPROVEMENTS. STAFF RECOMMENDA T'[.ON Approval of Parks & Recreation Commission recommendation. Ca~/Bloomquist, Administrative Analyst, presented the staff report. Commissioner 5heila Ioannou reviewed the subject trails in the Parker Ranch and Mt. Eden area. City Council Minutes April 25, 2000 The following speakers addressed the issues of bicyclists on trails; signage on trails; accessibility for bicyclists: Teri Lynn Baron, Representative/Saratoga Trail Enthusiasts ,Terry Coy, 12906 Chiquita Ct. Ajit Goal, 12467 Parker Ranch Road Carol Greenleaf, 12139 Farr Ranch Ct. Bob Pemberton, 12782 Carniel Ave. Rick Brusuelas, 255 Quinalt Ave., Fremont WALTONSMITH moved approval of the Parks & Recreation Commission recommendation for the allocation and dispersal of approximately $30,000 in Park Development Funds for Trails improvements and SZO,OO0 for trail maintenance, seconded by BAKER and carried with MEHAFFEV and BOGOSIAN absent. Bill Norton, Interim City Manager, indicated an item would be agendized for the issue of bicyclist use of the trails. SARATOGA CIVIC THEATER IMPROVEMENTS. STAFF RECOMMENDATION None at this time. ~Toan Pisani, the Director of Recreation, presented the staff report. Ms. Pisani reviewed the priority list from the West Valley Light Opera Association. She indicated they had listed $?§,000 for improvements. The report was accepted, noted and filed. ACCEPTANCE OF. GRANTS OF PERMANENT EASEMENTS IN CONNEC'~ON WITH THE VESSING ROAD ASSESSMENT DISTRICT. STAFF RECOMMENDA'I-[.ON That Council adopt the resolution. 5 ¢i~¥ ¢ounci~ ~inuf~s April 25, 2000 Title of Resolution No. 00-025: RESOLUI-£ON OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ACCEPT GRANTS OF PERMANENT EASEMENT FOR VESSING ROAb ASSESSMENT bISTRICT. BAKER moved adoption of Resolution No. 00-025 seconded by WALTONSAAITH and carried with AAEHAFFEY and BOGOSIAN absent. AGENCY ASST'GNMENT$ North Central Flood Control Zone Advisory Committee - Woltonsmith Councilmember Waltonsmith noted the committee had not met. $A$CC Liaison - Wcltonsmith Councilmember Wcltonsmith commented that 5ASCC was starting on future plans for the senior center. Valley Transportation Authority PAC - Waltonsmith Councilmember Waltonsmith commented on regrouping on transportation monies in terms of the Hwy. 85 Noise Mitigation issue. Emerqency Plonninq Council - Baker Councilmember Baker indicated the County's Y2K cost was estimated at $32 million, at which most of this cost was used as a vehicle to replace equipment, which would make the real cost considerably less. Councilmember Baker noted a full demonstration of the Emergency Operation Center was conducted at. the Sheriff's Office. 6 City Council Minutes KSAR Community Access TV Board - Baker/Alternate April 25, 2000 Councilmember Baker commented that KSAP, has no idea on how they wi. Il be taking advantage of the $10,000 for advertising. Councilmember Baker has instructed the director to look into how KSAR can property use the in kind advertising credit with AT&T Cable to carry out the agreement. Santa Clara County Cities Assn. City Selection Committee - Baker Councilmember Baker indicated he would be distributing extensive notes and minutes from 5CCCA meeting noting impacts to the City of Saratoga. He noted the League of California Cities estimated a projected budget surplus of $c~-14 billion dollars, of which no movement was made on the part of Governor Davis to release back to the cities the monies held back from budget problems. West Valley Sanitation District - Baker Councilmember Baker commented the District is moving ahead with connections to carry out the septic abatement. Library ~TPA Board - Streit/Alternate Mayor Pro Tern 5trait indicated that his meetings for Peninsula Division League of California Cities, Santa Clara Valley Water Commission and West Valley Solid Waste ,TPA were scheduled later in the week. OTHER Bill Norton, the Interim City Manager, announced the City Council meeting of May 3rd was canceled. Carol Ann Butler, the Interim City Clerk, requested clarification on the deadlines and criteria for the Library Oversight Committee. Councilmember Baker referred to article in the San ,Tose Mercury regarding the City of 5an ,Tose going live on cable for their Council meetings. City Council Minutes AD,TOURNMEENT April 25, 2000 There being no further business, the Mayor declared the meeting adjourned at 9:50 p.m. Respectful my submitted, Carol Ann Butler, Tnterim City Clerk