HomeMy WebLinkAbout07-19-2000 City Council Agenda Packet REGULARS; KEEP oNE
SARATOGA C1
JULY 19, 2000
ADJOURNED TO CLOSED SESSION - 6:30 P.M.
Conference with Legal Counsel - Anticipated Litigation - Initiation of
Litigation Pursuant to Gov't. Code Sec. 54956.9(cc) (One Potential Case)
Conference with Labor Negotiator (Gov't Code' 54957.6)
City Negotiator: William Norton, Interim City Manager
Employee Organization: Sarat. oga Employee Association (SEA)
MAYOR'S REPORT ON CLOSED SESSION
REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL
.CHAMBERS AT 13777 FRUITVALE AVENUE.
PLEDGE OF ALLEGIANCE'
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
July 14, 2000)
Communications from Commissions & Public
Oral Communications on Non-Agendized Items
Any-member of the public.will be allowed to address the City Council for up
to 3~ minutes on matters not on.this agenda.
Communications from Boards and Commissions - None
Written Communications - None,
Oral CommUnications - Council Direction to Staff
Instruction to Staff regarding actions on Current Oral Communications
CEREMONIAL ITEMS
Commendation
Recommended action:
Present commendation.
CONSENT CALENDAR
2A.
Approval of Council Minutes of:
July 5, 2000 - Regular Meeting
July 6, 2000 - Closed Session
July 12, 2000 - Closed Session
July 13, 2000 - Closed Session
Recommended action:
Approve submitted minutes.
2B.
Review of Check Register.
Recommended action:
Note and file.
2C.
Approve Treasurer's Report for month ended June 30, 2000.
Recommended action:
Approve Treasurer"s Report.
2D.
Review Planning Commission Actions Minutes of:
July 12, 2000.
Recommended action:
Note and file.
2E.
Ram Mohan, Claimant; Claim No. 99-005.
Recommended Action:
Reject claim.
2F.
Julie A. Cheney & Mark A. Coiley; Claimant; Claim No. 99-001 A
&B.
Recommended action:
Reject. claim.
2G.
Hillary Campbell, Claimant; Claim No. 99-008.
'Recommended action:
Settle claim.
2L.
2M.
Approval ofresolution authorizing West Valley Solid Waste
Management Authority Executive Director to request funds
pursuant to the-DePartment of Conservation Beverage Container
Recycling and Litter Reduction Act.
Recommended Action:
Approve-resolution.
Authorization to City Manager to award contract to J:J.R.
Construction for 2000 Annual Concrete Repair Project
Recommended' action:
Approve authorization to execute contract.
AuthoriZation to City Manager to award contract to California
Street Maintenance for City of Saratoga street sweeping contract.
Recommended action:
Approve' authOrization to execute contract.
Authorization to CityManager to award contract to Parsons
Harla'nd Bartholomew & Associates to update the General Plan ~
Housing Element.
ReCommended action:
Approve aUthorization to execute contract.
AuthoriZ&tion to City Manager to award contract to Robert
Schubert, AICP,' tO'provide land use planning services. -
Recommended. action:
ApprOve authorization' to execute contract.
Approval' of City cOde-amendments regarding the purchasing
.procedure.
-Recommended action:
Approve code amendments.
PUBLIC-HEARINGS (Applicants/Appellants and their representatives
have a total' often minutes maximum for opening statements. Members of
· thepublic may comment on any item for up to three minutes.
Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are
subject to Council's approval at the Council meeting)
'3.- Resolution Ordering abatement of a public nuisance by removal of
hazardous weeds and brush..
Recommended action:
Adopt resolution.'
OLD BUSINESS
Authorize Request for Proposals for Civic Center: and Community
Center Master Plan.
Recommended action:
Authorize request for proposals.
NEW BUSINESS
Presentation by Mike Evanhoe/Valley Transportation Agency:
Status on Highway 85 Noise Mitigation Project.
Recommended action:
Informational only.
Presentation by John Cherbone/Public Works Director:
Condition, Cost, & Inventory of Heritage Orchard.
Recommended action:
Accept staff report and direct staff accordingly.
o
Presentation by Chris Korn/Administrative Analyst: ·
Control of deer population.
Recommended action: ·
Accept staff report and direct staff accordingly.
Appointment of Designation of Voting Delegate for League of
California Cities Annual Conference..
Recommended action:
Appoint voting delegate for League's annual conference.
Appointment of City Councilmember Liaison to Saratoga Union
School District.
Recommended action:
Appoint a City Council liaison.
10.
Selection of Council representative to participate in commissioning
of a painting for the Saratoga Library donated by the Givens
Family.
Recommended action:
Select a Council representative.
CITY COUNCIL ITEMS
~-OTHER .~
.... CITY MANAGER'S REPORT
'ADJOURNMENT
In compliance with the Americans With Disabilities Act (ADA), if you need
special assistance to participate in this meeting, please contact the City Clerk
at (408) 868-1269. Notification 48.hours prior to the meeting will enable the
City to' make reagonable arrangements to ensure accessibility to this meeting
(28 CFR 35.102-35.104 ADA Title II)
SCHEDULED CITY COUNCIL MEETINGS
August 2, 2000
'RegUlar Meeting/City Attorney Annual
'Evaluation
· 13777 Fruitvale AvenUe
7:00 p.m.
August 8, 2000
August 16, 2000.
August 22, 2000
Joint Session - Cancelled
No Meeting - Summer Recess
No Meeting - Summer Recess
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: June 7, 2000
ORIGINATING DEPT.: City Manager
AGENDA ITEM:
CITY MANAGER:~~~
PREPARED BY!
SUBJECT: COMMENDATION FOR WILLIS PECK
RECOMMENDED MOTION:
Present commendation.
REPORT SUMMARY:
The Historic Preservation Committee would like the Council to commend Willis Peck for his
many years of volunteer service to the City of Saratoga.
FISCAL IMPACT:
None
ADVERTISING, NOTICING
AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT
ACTING ON MOTION:
N/A
FOLLOW UP ACTIONS:
N/A
ATTACHMENTS:
None
EXECUTIVE SUMMARY NO.
MEETING DATE: July 19, 2000
ORIGINATING DEPT.: City Manager
AGENDA ITEM:
CITY MANAGE ~R:
PREPARED BY~~
SUBJECT: APPROVAL OF COUNCIL MEETING MINUTES
RECOMMENDED MOTION:
That Council approve the minutes as submitted.
REPORT SUMMARY:
Attached are the drai~ minutes of the following meetings:
Regular Meeting - July 5, 2000
Closed Session - July 6, 2000
· Special Meeting - July 12, 2000
Special Meeting - July 13, 2000
FISCAL IMPACT:
None
ADVERTISING, NOTICING
AND PUBLIC CONTACT:
Posting of the Council agenda~
CONSEQUENCES OF NOT
ACTING ON MOTION:
None
FOLLOW UP ACTIONS:
Retain for original record
ATTACHMENTS:
Draf~ minutes.
MINUTES
SARATOGA CITY COUNCIL
JULY 5, 2000
The'City Council of the City of Saratoga met in Closed Session, Administrative
Conference Room, 13777 Fmitvale Avenue at 6:30 p.m Initiation of Litigation Pursuant
to Gov't. Code 54956.9(cc)
Mayor's Report on Closed Session - 7:07 p.m.
Mayor Bogosian reported there was Council discussion but no action was taken.
Mayor Bogosian called the regular CiW Council meeting to order at 7:10p.m. and
requested Cathleen Boyer, City Clerk, to lead the Pledge of Allegiance.
ROLL CALL
PRESENT:
Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey,
Stan Bogosian.
ABSENT: None
ALSO PRESENT:
Bill Norton, Interim City Manager
Richard Taylor, City Attomey
Cathleen Boyer, City Clerk
Mary Jo Walker, Dir. of Administrative Services
John Cherbone, Dir. of Public Works
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR July 5, 2000.
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 554954.2, the
agenda for the meeting of July 5, 2000 was properly posted on June 30, 2000.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
None
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
WRITTEN COMMUNICATIONS
None
ORAL COMMUNICATIONS - COUNCIL DIRECTION TO STAFF
None
City Couricil Minutes July 5, 2000
CEREMONIAL ITEMS - 7:20 P.M.
1. COMMENDATION FOR ROSE MARIE DIPPEL & FRANK LEMMON
-PUBLIC SAFETY COMMISSIONERS
STAFF RECOMMENDATION:
Present Commendation..
Mayor Stan Bogosian read commendation and presented them to Rose Marie Dippel and
Frank LemmOn for their serviceon the Public Safety Commission.
APPOINTMENT OF FINANCE COMMITTEE MEMBER
STAFF RECOMMENDATION:
That Council approve Resolution of Appointment and Administer Oath of Office.
"- TITLE OF RESOLUTION: 00-041
RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO
THE FINANCE COMMITTEE
BAKER moved adoption of Resolution 00-041, seconded by STREIT and carried
unanimously. '
Cathleen-Boyer, City Clerk, administered Oath
appointed Finance Commissioner.
of Office to
Mr. Robert Gager newly
APPOINTMENT OF CITIZEN OVERSIGHT COMMITTEE MEMBERS
STAFF RECOMMENDATION:
That Council approve Resolution of Appointment and Administer Oath of' Office.
TITLE OF RESOLUTION: 00-042
'RESOLUTION OF THE CITY OF SARATOGA APPOINTING FIVE MEMBER S
TO .THE CITIZEN OVERSIGHT COMMITTEE
BAKER moved adoption of ResolUtion 00-042, seconded by STREIT and carried
unanimously.
Cathleen Boyer, City Clerk, administered Oath of Office to the following newly appointed
committee members: Susan Calderon, Eva Giordano, Donald Johnson, Alan King, and
Norman Siegler.
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City Council Minutes
July 5, 2000
o
PROCLAMATION RECOGNIZING JULY 2000 AS "PARKS AND RECREATION
MONTH"
STAFF RECOMMENDATION:
That Council approve resolution.
Mayor Bogosain read the proclamation and presented it to Sheila Ioannou, Parks and
Recreation Commissioner.
RECOGNITION OF JOHN CHERBONE NEWLY APPOINTED DIRECTOR OF
PUBLIC WORKS.
STAFF RECOMMENDATION:
That Council recognizes promotion.
Mayor Bogosain congratulated Mr. Cherbone on the promotion and thanked him for his
hard work and dedication for the City of Saratoga.
CONSENT CALENDAR.
6A.
· ACCEPT NOTICE OF COMPLETION OF
MANAGEMENT. PROGRAM AND THE 1999
PROGRAM
THE 1999 pAVEMENT
STREET MAINTENANCE
STAFF RECOMMENDATION:
That Council accept Notice of Completion of both programs.
STREIT moved to accept Notice of Completion for both programs, seconded' by
MEHAFFEY and carried unanimously.
6B. APPROVAL OF CHECK REGISTER.
STAFF RECOMMENDATION:
That Council approve check register as submitted.
Councilmember Baker removed item 6B fi.om the Consent Calendar.
Council member Baker questioned the following journal entries on the check register:
General Dynamics.and Hugger Mugger.
Mary Jo Walker indicated that Hugger Mugger was vendor used by the Recreation
Department and would have to look into General Dynamics. She would get back to him at
a later time.
BAKER moved check register be approved as submitted, seConded by STREIT and
carried unanimously.
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City Council Minutes
July 5, 2000
APPROVAL OF MINUTES - cLOSED SESSION OF JUNE 21, 2000 & REGULAR
MEETING OF JUNE 21, 2000.
STAFF RECOMMENDATION
That CoUncil. approye minutes'of Closed Session - June 21, 2000 and Regular Meeting of
jUne 21, 2000 as submitted.
Councilmember Mehaffey removed Item 6C from the Consent Calendar.
Councilmember. Mehaffey corrected page 1. He noted that he did not give the Pledge of
Allegiance ttiat the Mayor asked Don Johnson to lead the pledge that evening.
Also COUncilmember Mehaffey corrected page 10 paragraph 2, misspelled word should be
"seems"..
APPROVAL OF MINUTES - CLOSED SESSION OF JUNE 21, 2000
MEHAFFEY moved minutes of Closed Session - June 21, 2000 be approved, seconded
by WALTONSMITH and carried Unanimously.
OD..
. APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 21, 2000.
· MEHAFFEY moved minutes of Regular Meeting - June 21, 2000 be approved,
seconded by WALTI'ONSM!TH ahd carried Unanimously.
APPROVAL OF PLANNING COMMISSION ACTION MINUTES OF JUNE 28,
2000.
STAFF RECOMMENDATION:
That Council approve minutes as submitted.
STREIT moved action minutes of June 28, 2000 be approved, seconded by
-MEHAFFEY and carried Unanimously
6E.
':APP. ROVE THE REQUEST TO DIRECT THE MAYOR TO DRAFT AN
.ARGUMENT FOR THE MEASURE FOR THE NOVEMBER 7, 2000 GENERAL
MUNICIPAL ELECTION AND DIRECT STAFF TO REQUEST A SPECIFIC
LETTER FOR THE MEASURE.
STAFF RECOMMENDATION:
'That CoUncil approve the request.
Richard Taylor, City Attorney, presented staff report. He indicated that CoUncil should do
· two things tonight. The first, move to authorize specified Council members to draft
ar~g.uments for and/or' against the November 7, 2000 ballot measure concerning the
.moratorium on-residential uses of commercially designated land. Secondly, adopt
resolution requesting the County to assign a specific letter to the November 7, 2000 ballot
measure' concerning the. moratorium. Mr. Taylor also pointed out that the California
.Elections Code provides that arguments for or against a local ballot measure may be filed
4
City Council Minutes
July 5, 2000
by (1) the City Council as a whole, (2) one or more individual members of the City Council
authorized by the City Council, (3) any individual voter eligible to vote on the measure, (4)
a bona fide association of citizens, or (5) a combination of voters and citizens.
He went on to explain that the Registrar of Voters has indicated to the Clerk that if a City
would like to make a request for a specific letter designation for a ballot measure, they
would do their best to accommodate them. If the Council is not interested in doing so the
Secretary of State and the Registrar of Voters would draw a random letter for the City's
ballot measure.
Councilmember Streit was concerned about having the option open to sign an argument
against the measure as either as a councilmember or as a resident.'
Richard 'Taylor,-City Attorney, explained that toni,'ght's decision would just give
authorization for individuals to write the arguments and councilmembers would have
priority over anyone else if more than one argument for or against was submitted.
Councilmember Baker suggested that the Council authorize two groups to sign. Four to
sign for the measure one to sign against the measure.
Councilmember Mehaffey asked if the four councilmembers could get together to draft the
argument.
Richard Taylor, City Attorney, indicated that as long as they only talk about the argument
and do not talk about City business they are allowed to meet together.
BAKER moved Bogosian, Baker, Mehaffey, and Waltonsmith sign the argument for.
the ballot measure and Streit sign the argument against the ballot measure for the
November 7, 2000 General Municipal Election, seconded by WALTONSMITH and
carried unanimously.
TITLE OF RESOLUTION: 00-043
RESOLUTION OF THE CITY COUNCIL REQUESTING COUNTY TO ASSIGN
A SPECIFIC LETTER TO THE NOVEMBER 7, 2000 BALLOT MEASURE
CONCERNING THE MORATORIUM ON RESIDENTIAL USES OF
COMMERCIALLY DESIGNATED LAND.
BOGOSIAN moved adopt Resolution 00-043 assigning the letter "A" for the letter for
the ballot measure for the November 7, 2000 General Municipal Election, seconded by
WALTONSMITH and carried unanimously.
City Council Minutes
July 51 2000
· PUBLIC HEARINGS
None
OLD BUSINESS ~- -'
None
NEW BUSINESS
Mayor Bogosian requested that item #12 .- Results of the Saratogan Survey be moved to the top
of New Business so that the citizens 'in tl'ie audience and at home who just want to hear the
-results woUldn't have to listen to all of the other items.
12.
REPORT· ON'RESULTS OF SARATOGAN SURVEY REGARDING HERITAGE
ORCHARD AND PLAYFIELDS.
STAFF RECOMMENDATION:
Informational only.
· Bill Norton, City Manager, presented staff report. He reported that the City received
1069 responses. He indicated that the majority of resident only want the Heritage
Orchard to be used as an educational resource for the community. He noted that 67% of
the residents do 'not supPort another publicly financed bond measure to purchase
property for public recreation facilities..
Councilmember Waltonsmith indicated that she felt it was clear that the residents of
Saratoga do not want the Heritage Orchard used as anything else but an educational
resource. Although she sensed that residents see the need for soccer field and playfields.
Councilmember Streit agreed With Councilmember Waltonsmith and added that if the
Heritage Orchard is to be used as an educational resource then it should be maintained
properly. He also noted that although the survey indicated that the Heritage Orchard
should be preserved, it doesn't Solve the problem of lack of playfields and soccer fields.
He feels' the City needs to look at other alternatives.
CouncilmemberStreit also noted that several trees needed to be replaced.
Bill Norton, City Manager, indicated that at the July 19, 2000 City Council Meeting
'there would be a report the condition, cost and inventory of the Heritage Orchard..
· Mayor Bogosian thanked the staff for the help in the success of the survey.
Mayor Bogosian als° indicated that the residents of Azule and Blue Hills do not have to
worry about having their neighborhoods being infringed on for possible sites for
play/soccer fields that the City will look at other alternatives.
6
City Council Minutes
July 5, 2000
o
o
PRESENTATION BY PACIFIC GAS & ELECTRIC ON POWER OUTAGES
STAFF RECOMMENDATION:
Informational only.
Drina Collins, Public Affairs Department/PG & E, explained to the Council that tonight
she and Bill Mitchell, Emergency Coordinator/PG & E, were going to review the events
that took place on June 14, 2000 when the power outages occurred. Mr. Mitchell was
going to explain to the Council the overview of the system, and what PG & E did to
prepare for the outages and how the power was restored.
Mr. Mitchell noted that the peek demand for power is only 3-4%, which is when people
use power simultaneously, usually when it's a hot day. He indicated that load growth,
(new additions on homes and businesses with additional air conditioning) not new
customers are one of the biggest transformer overload problems:
Mr. Mitchell that on June 7, 2000 PG & E performed a system-wide drill to prepare for
the high temperatures predicted for the following week. On June 14, 2000 when
temperatures reached as high as 109 degrees they experienced r611ing block outages.
Out of 151 outages only 24 were in Saratoga, only 9 transformers had to be replaced,
and 14 transformers had to be reset.
Mayor Bogosian also asked Mr. Mitchell if the outages had to do with old and faulty
transformers throughout Saratoga, and wondered if they should be replaced with new
ones.
Mr. Mitchell explained transformers are only replaced when the.)' go down completely.
Mayor B0gosain thanked both representatives from PG & E for ~their presentations and
indicated that he will direct the Community Development Department to contact them in
order to provide PG & E with the necessary permit applications, so outages might be
decreased in the City of Saratoga.
PRESENTATION BY CARL GUARDINO, PRESIDENT AND CEO/SILICON
VALLEY MANUFACTURING GROUP ON TRAFFIC RELIEF
STAFF RECOMMENDATION:
Informational only.
Carl Guardino, representing the Silicon Valley Manufacturing GroUp, briefly explained
the reasons why the Manufacturing Group believes that we need to move forward on the
traffic relief initiative for the benefit of local cities in Silicon Valley. He explained to
the coUncil that the Manufacturing Group felt because of the economy, cost saving on
increased land and construction costs, getting a four year start, and it being a presidential
election when most people have more confidence on traffic relief issues, it's a perfect
time to push the initiative to be on the November 7, 2000 ballot.: For the past 18 months
7
.City Coun~Cfl Minutes July 5, 2000
the Valley Transportation Agency has been putting together a plan for improvements to
use the extended 20-year ½ sales tax. The Manufacturing Group hopes to bring the
cities of Silicon Valley together at a summit meeting to discuss local projects that Would
benefit from this tax.
Mayor Bogosian thanked Mr. Guardino for his presentation and explained to him that
the City has already sent a letter to Ms. Alvarado fully supporting the initiative.
AUTHORIZE cITy MANAGER TO EXECUTE AN AGREEMENT WITH
SARATOGA CHAMBER OF COMMERCE.
STAFF RECOMMENDATION ---
'That COuncil approve agreement.
Bill Norton, City Manager, presented staff report. He indicated that the agreement with
the Chamber of Commerce would be for one year. Mr. Norton explained to the Council
that the agreement that was in their packet was incorrect and the amended version was
placed in frOnt of them this evening.
Mr. Norton indicated that two items were removed: (1 G) Chamber act as a liaison
between the City and businesses to resolve issues of non-compliance with city codes or
policies; (3B) The City may monit°r sales tax, business licenses, and new business
annually t° determine the effectiveness of the Chamber's retention of businesses and
recruitment efforts. In addition one item was added: (IF) Chamber to work with City
Manager to retain and recruit new businesses in the City.
Mr. NortOn explained that the Chamber felt that the sales tax and business monitoring
was not .a fair way to measure their performance, and they didn't feel that it was their
place to enforce City' Codes. They do however give new businesses a start up pamphlet,
Which covers a lot of the .City's codes.
Mayor Bogosian questioned the additional $6600 in the agreement, which he thought
was cut out at the budget hearing.
Mr. NOrton noted that the increase would complete the hiring an economic development
coordinfitor. He also noted that the building, which the Chamber uses, is City owned
property, and has substantial dry rot and termite damage. The estimated cost to repair
-the building is apProximately $10,000.
Councilmember Baker doesn't oppose the operation of the Chamber of Commerce but
would like to see some sort of balance between the Chamber and the City. He would
like to see the both working together on setting and accomplishing goals. He noted that
he finds it difficult to increase their funding.
· Councilmember Waltonsmith indicated that she feels that the Chamber doesn't have any
accountability for the services they provide with City funds.
8
City Council Minutes
July 5, 2000
10.
Councilmember Streit noted that an additional $6600 was a small amount to get the
business community behind the Council, and the City needs to look at other ways to
monitor their progress. He noted that the agreement should be executed on a one-year
trial basis, and if it doesn't work, cancel the agreement.
Bill Norton, City Managerl noted that most CitY'S require their Chamber of Commerce
to provide the Council with a quarterly report.
Bill Copper, Bella Saratoga/Owner indicated to Council that the City and the Chamber
of Commerce has had an agreement for twelve years without anY increases in that time
per/od.
Mayor Bogosian explained that the Council was not willing to go forward with the
execution of the Chamber of Commerce agreement, and Mr. Norton should take it back
to them and let the Chamber know that the City needs some accountability of services.
Councilmember Mehaffey noted that he feels the Council would like to give the
Chamber $10,000, but we need to see how their service is effective and paragraph 1G in
the contract, assistance in code enforcement, is not that unacceptable.'
Mayor Bogosian indicated that Bill Norton, City Manager should take the agreement
back to the Chamber if Commerce for re-negotiation.
BAKER moved deny the authorization to exeCute an agreement with the Saratoga
Chamber of Commerce, seconded by WALTONSMITH and carried unanimously.
AUTHORIZE THE CITY MANGER TO OFFER ECONOMIC DEVELOPMENT
'INCENTIVES FOR SARATOGA VILLAGE AND GATEWAY DISTRICTS.
STAFF RECOMMENDATION:
That Council approve economic incentives.
Bill Norton, City Manager presented staff report. He indicated that after the March 15
-and April 5, 2000 Council Meetings the City Council directed staff to take proactive
measures in the business districts. On June 21, 2000 Council approved funding in the
FY 2000-2001 budget for City economic development efforts including the Saratoga
Village and the Gateway retail areas. City staff has met over the past four months with
representatives from the Saratoga Business and Development Council (SBDC) to
provide a framework for economic development.
Mr. Norton explained the following direction that is before the Council tonight for
approval: ~'
1. Begin with a one block clean up and minor improvements in the Village.
2. Authorize hiring a landscape architect to prepare schematic plans for the Village.
3. Negotiate with property owners and prospective merchants, when opportunities
arise, to seed business districts with destination-oriented merchants.
9
City Cguncil Minutes July 5, 2000
Mr.. Norton explained that City staff Could do the sidewalk cleanup and clean the
ex. isfing streetlights. He went on to say that currently there is no uniformity in the
downtown area. There are also mismatched streetlights and planters: The idea i~ to take
one block inthe Village and demonstrate what the Village could look like. Mr. Norton
· noted that staff has 'contacted Paul Rodriguez, Landscape Architect and he has submitted
proposals for conceptual design sketches and study of Big basin Way for immediate and
longer-term improvements. Mr. Noted explained that if the Village had 4-5 destination
oriented retail establishments which would provide an increase in the foot-traffic to the
· district, and, Sales and business license tax revenues by the City. Also, Mr. Norton
noted that several citizens have complained that the Village doesn't have local serving
retail stores such as a hardware or drug store. While it is a worthwhile investment to
prevent blight and increase foot-traffic, the investment by the City would not provide
business license and sales tax revenue to justify this as an investment with probable
payback within a short.term.
Councilmember Mehaffey thanked staff for all the work they have done putting together
'a plan, which he thinks, might work. He noted that he supports this fully except he
wouldn't support subsidizing business on a yearly basis but only on a one-time only
basis.
Consensus of the CounCil to move forward on the economic development efforts in
Saratoga Village and Gateway.
AUTHORIZE REQUEST FOR PROPOSALS FOR CIVIC CENTER AND
COMMUNITY CENTER MASTER PLAN.
STAFF RECOMMENDATION
That Council authorize requests for proposals.
Mary Jo Walker, Director of Administrative Services, presented staff report. On
OctOber 26, 1999, the City Council heard a presentation by Anderson Brule Architects
detailing oPtions for renovation of the Community Center and Senior Center. At a later
meeting Council directed staff to explore the option of building a new Civic Center
complex. The RFP. presents four options of site plans.
Mary Jo Walker explained the fOur options as follows: 1.. A new City Council Chamber, a new gynmasium, and rebuilding of the existing
Community Center, City Theater and City Hall.
2: The same as the first except for the new gymnasium.
3. Demolishing and rebuilding the Community/Senior Center and building a new
City Council Chambers, but no remodeling of the other buildings.
4. Entire existing Civic Center complex be demolished and rebuilt.
'Mayor Bogosian noted that the recent survey that was in the Saratogan indicated not a
lot of support for a gymnasium.
10
City Council Minutes
July 5, 2000
Mary Jo Walker responded that was the direction she was given during the March 21 st
meeting.
Couniclmember Streit indicated also that the survey didn't show much support for a new
gymnasium and the residents weren't supported of another bond issue. He went on to
note that whatever the City builds that the City would have to assume the financial
responsibility for the cost of it. He would like to see the options redone leaving oUt the
gynmasium and the demolition of the entire complex.
Mayor Bogosain suggested that we look at a much bigger concept using the existing
space more efficiently. He felt that if the buildings were configured differently that a
possible playfield could be added.
Councilmember Waltonsmith indicated that she would like to look at the space we have
currently, and what types of facilities dose the City need in the future.
Councilmember Baker indicated that unless you look at the long-term master plan a you
might build some things in the wrong place.
Councilmember Waltonsmith suggested replacing the gymnasium with one soccer field.
Councilmember Mehaffey suggested to staff to rework the proposals and come back at a
later date. He would like to see the focus on option number four looking at a future
facility with all options available.
Councilmemebr Waltonsmith agreed with Councilmember Mehaffey and would like to
see the overall scheme of space used.
BAKER moved approve RFP for proposals for Civic Center Master Plan with staff
returning with two options at a later date, seconded by STREIT and carried
unanimously.
CITY COUNCIL ITEMS
Councilmember Baker reminded'everyone that donations were still being accepted towards the
World War II Memorial.
Councilmember Waltonsmith requested that the dais be properly secured together because
· tonight it was very unstable. She also wanted to know the status on the Cupertino office
conversion report and the property on Harleigh Avenue.
OTHER
None
City Council Minutes
July 5, 2000
CITY MANAGER'S REPORT
Bill Norton,. City Manger~ rePorted that the City has received $630.00 in donations towards the
YVorld W~ir II memorial. :
- Mr. Norton also reported the Senate Bill 1883 was approved and will go to the floor of the
Assembly. He-reported the Assemblyman Jim Cunneen was helping the bill along.
ADJOURNMENT
There being no further business,-the Mayor declared the meeting adjourned at 10:22 p.m.
ResPectfully submitted,
Cathleen Boyer
City Clerk
3_2
MINUTES
SARATOGA CITY COUNCIL
CLOSED SESSION
JULY 6, 2000
The City Council of the City of Saratoga met in Closed Session, in the
Administrative Conference Room, 13777 Fruitvale Avenue at 8:30 a.m. for the
purpose of Public Employment pursuant to Gov. Code Sec. 54597; Title: City
Manager (conduct interviews for City Manager)
CALL TO ORDER
Mayor Bogosian called the meeting to order at 8:30 a.m.
ROLL CALL
PRESENT:
Evan Baker
John Mehaffey
Nick Streit
Ann Waltonsmith
Stan Bogosian
ALSO PRESENT: Bill Norton, Interim City Manager
REPORT OF CITY CLERK POSTING OF AGENDA FOR JULY 6,
2000
Pursuant to Government Code
properly posted on June 30, 2000.
54956, the agenda for this meeting was
PUBLIC COMMENTS
Pursuant to Government Code section 54954.3(a), the City Council will
provide the public with an opportunity to address the Council on any item
described in the notice before or during consideration of that item.
No items received.
ADJOURN TO CLOSED SESSION
CLOSED SESSION .
Public Employment pursuant to Gov. Code Sec. 54597; Title: City Manager
(conduct interviews for City Manager).
OPEN SESSION
MAYOR'S REPORT ON CLOSED SESSION
Mayor Bogosian reported there was no reportable action taken at the Closed
- Sessioni
ADJOURNMENT
Mayor Bogosian adjourned the meeting at 3:30 p.m.
Respectfully submitted,
Cathleen Boyer, City Clerk
'City of Saratoga
MINUTES
SARATOGA CITY COUNCIL
CLOSED SESSION
JULY 12, 2000
The City Council of the City of Saratoga met in Closed Session, in the
Administrative Conference Room, 13777 FruiWale Avenue at 8:00 a.m. for the
purpose of Public Employment pursuant to Gov. Code Sec. 54597; Title: City
Manager (conduct interviews for City Manager)
CALL TO ORDER
Mayor Bogosian called the meeting to order at 8:02 a.m.
ROLL CALL
PRESENT:
Evan Baker
John Mehaffey
Nick Streit
Ann Waltonsmith
Stan Bogosian
ALSO PRESENT: Bill Norton, Interim City Manager
REPORT OF CITY CLERK POSTING OF AGENDA FOR JULY 12,
2000
Pursuant to Government Code
properly posted on July 7, 2000.
54956, the agenda for this
meeting was
'PUBLIC COMMENTS
Pursuant to Government Code section 54954.3(a), the City Council will
provide the public with an opportunity to address the Council on any item
described in the notice before or during consideration of that item.
No items received.
ADJOURN TO CLOSED SESSION
CLOSED SESSION
Public Employment pursuant to Gov. Code Sec. 54597; Title: City Manager
(cOnduct interviews for City Manager).
OPEN SESSION
MAYOR'S REPORT ON CLOSED SESSION
~Mayor Bogosian.reported there was no reportable action taken at the Closed
Session.
ADJOURNMENT
Mayor Bogosian adj0umed the meeting at 3:30 p.m.
Respectfully submitted,
- Cathleen Boyer, City Clerk
City of Saratoga
MINUTES
SARATOGA CITY COUNCIL
CLOSED SESSION
JULY 13, 2000
The City Council of the City of Saratoga met in Closed Session, in the
Administrative Conference Room, 13777 Fruitvale Avenue at 8:00 a.m. for the
purpose of Public Employment pursuant to Gov. Code Sec. 54597; Title: City
Manager (conduct interviews for City Manager)
CALL T° ORDER
Mayor Bogosian called the meeting to order at 8:10 a.m.
ROLL CALL
PRESENT:
Evan Baker
John Mehaffey
Nick Streit
Ann Waltonsmith
Stan Bogosian
ALSO PRESENT: Bill Norton, Interim City Manager
REPORT OF CITY CLERK POSTING OF AGENDA FOR JULY 13,
2000
Pursuant to Government Code
properly posted on July 10, 2000.
54956, the agenda for this meeting
was
PUBLIC COMMENTS
Pursuant to Government Code section 54954.3(a), the City Council will
provide the public with an opportunity to address the Council on any item
described in the notice before or during consideration of that item.
No items received.
ADJOURN TO CLOSED SESSION
CLOSED SESSION
Public Employment pursuant to Gov. Code Sec. 54597; Title: City Manager ·
(conduct inter~iews for City Manager).
OPEN SESSION
· MAYOR'S REPORT ON CLOSED SESSION
Mayor Bogosian reported there was no reportable action taken at the Closed
Session. -
ADJOURNMENT
Mayor Bogosian adjourned the
meeting at 9:45 a.m.
Respectfully submitted;
Cathleen Boyer, City Clerk
City of Saratoga
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: July 19, 2000
ORIGINATING DEPT: Administrative Services
AGENDA ITEM 2~.
CITY MANAG ER: ~t~ _~ ~-~
/
SUBJECT: 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.
IFund# Fund Name
AP CHECKS A82191-A82347
Date Manual Void Total
7113/00 Checks Checks
I GENERAL
100 COPS-SLESF
110 Traffic Safety
150 Streets & Roads
160 Transit Dev
170 Hillside Repair
180 LLA Districts
250 Dev Services
260 Environmental
270 Housing & Corem
290 Recreation
292 Facility Ops
293 Theatre Surcharge
300 State Park
310 Park Develpmt
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
810 Deferred Comp
830 Payroll Agency
990 SPFA
3O4,654.63
5,878.01
17,946.78
5,212.78
7,081.72
31,357.62
21,538.69
1,300.00
442.50 95,719.36
Subtotal 395,412.73 95,719.36
PAYROLL CHECKS: B25601-25709
TOTAL
Prepared by: Date:
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SARATOGA CITY COUNCIL
· EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: July 19, 2000 ~-CiTY MANAGER: !.N~,.
ORIGINATING DEPT: Administrative Services PREPARED BY: ~~ &
/
SUBJECT: Monthly Treasurer's Report for June 2000
RECOMMENDED ACTION(S):
Accept the monthly Treasurer's report for June 2000.
REPORT SUMMARY:
Generally, the Treasurer's report is provided to the City Council along with the monthly financial
reports. The City has just completed the activity for the month of June 2000. Since this is the
end of the City's fiscal year, it will be a number of weeks before staff is prepared to present the
financial reports to the City Council. However, the Treasurer's report has been completed and is
presented herewith.
The Cit½ had $14,590,230 in cash and investments as of June 30, 2000. $12,617,752 is invested
in the State of California Local Agency Investment Fund (LAIF), with the balance invested in
Certificates of Deposit, checking and savings accounts.
Please note that the City had its normal cash disbursements check run on June 30, and the cash
balance in the checking account represents the amount of outstanding checks as of June 30.
Additionally, the $500,000 Certificate of Deposit with Saratoga National Bank which expired on
July 3, 2000 was renewed at the same 5.9% rate for one year, which is a good rate in the current
market.
FISCAL IMPACTS:
None
~CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
None
ALTERNATIVE ACTION(S):
-None
FOLLOW UP ACTION(S):
Accept and file the report.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Treasurer's Report for June 2000.
Monthly_JuneOO. doc 2
CITY OF ~SARArI'OGA
CaSh and Investment Report
Balance as of June 30, 2000
cash:
DD
CK
CK
Institution
Acquisition
Date
Investments:
Comerica Bank - Savings
Comerica Bank - General Checking
Comerica Bank - Payroll checking.
N/A. ·
N/A
N/A
Anticipated
FDR* Book Market Par Maturity Monthly.
Rating Value Value** Value Yeild Date Term Earnings.
AAA. $211,402 $211,402 $211,402 2.000% Revolving I $352
AAA 583,779 583,779 583,779 0.000% Revolving 1 0
AAA 22,184 22,184 22.184 0.000% Revolvin]~ 1 0
- Subtotal Cash
L.A.I.F. & Investments:
MF LA.I.F.
N/A
817,365 a 817,365 817,365 0.517% 1 352
N/A 12,617,752 b 12,589,562 12,617,752 6.349% Revolving 1 66,758
CD San Jose National Bank
CD Heritage Bank of Commerce
07/03/99
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 ·
Subtotal L.A.I.F. & Investments
13,680,435 13,652,245 13,680,435 6.304% 183 71,866
14,497,800 14,469,610 14,497,800 5.978% 92 72,218
Subtotal Unrestricted Cash & Investments
Restricted Cash & Investments:
SV San Jose National Bank - CDBG
ES' US 'Bank - Library Debt Service
CK Wells Fargo Bank - CDBG
CK Wells Fargo Bank - CDBG
Subtotal Restricted Cash & Investments
and-Investments
[ ' Benchmark Yield Comparison'
N/A '
N/A
N/A
N/A
AAA 54,091 54,091 54,091 2.530% Revolving 1 114
AAA.. 5,800 5,800 ' 5,800 0.000% Revolving I 0
AAA 26,020 26,020 26,020 0.000% Revolving 1 0
AAA 6,519 6,519 6,519 0.000% Revolvint~ 1 0
92,430 92,430 · 92,430 1.481% 1 114
I
$i4,590,230! :'" .
$i4+590;230. $14,562;040 :5.949% Av~ Yield .47 $72;332
3 Month' Treasury 6.12%I 1 Year Treasury 6.49%
Schedule of Maturities:
Immediate
- ' - FY 1999-2000
Total'
$13,527,547
1,062,683
$14,590,230
General Fund Loans Receivable:
Hakone Foundation #'
Reserve Analysis:
General Fund Reserve requirement adopted 415/00:
General Fund Balance as of 5/31/00.
$2,000,000
$8,878,793...~
Available Funds:
Unrestricted Pooled Cash & Investments available for current year expenses in a]J funds:
IIncludes unrestricted funds maturin~ within the current fiscal year)
$13,435,117
Maturity
Principal Rate Date Term
$169,075 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 rating 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.
**IOlarket values for U.S. Treasury Notes provided by Statd Street Bank and Trust Company.
# This loan is noted for memorandum purposes 9nly. 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 trustees are restricted pursuant to indenture covenants and have been excluded from this report.
Pursuant to Govemmen~ Code Section 53646, the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet
for the next six months.
06-OOREPO.xls
Approved by:
7/12/00
(Unaudited Results)
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.:
MEETING DATE:
ORIGINATING DEPT:
July 19, 2000
Community Development
AGENDAITEM: ~ ~
CITY MANAGER: ~.-~'~d4~?q/~
PREPARED BY: James Walgren, Director
SUBJECT: Planning Commission Actions, July 12, 2000
RECOMMENDED ACTION:
REPORT SUMMARY:
FISCAL IMPACT:
CONSEQUENCES OF NOT FOLLOWING
RECOMMENDED ACTION:
ALTERNATIVE ACTION:
FOLLOW-UP ACTION:
ADVERTISING~ NOTICING
AND PUBLIC CONTACT:
Note and file.
Attached are the Planning Commission
action minutes of July 12, 2000.
None
None
None
None
None
ATTACHMENTS: Action minutes.
ACTION MINUTES
SARATOGA PLANNING COMMISSION
DATE:
PLACE:
TYPE:
Wednesday, July 12, 2000 - 7:30 p.m.
Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
ROLL CALL
PRESENVF:
ABSENT:
STAFF:
Commissioners Barry, Bemald, Jackman, Kurasch, Patrick and Chairman Page
Commissioner Roupe '
Director Walgren, Planner Pearson and Minutes Clerk Jones
PLEDGE OF ALLEGIANCE
MINUTES - June 28, 2000
ORAL COMMUNICATIONS
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 7, 2000.
TECHNICAL CORRECTIONS TO PACKE-F
CONSENT CAI ENDAR
DR-98-033 (503-55-045) - VAJDIC, 21201 Lumbertown Lane; Request for Design Review
approval to demolish an existing two-story residence and construct a new 4,830 square foot,
two-story residence on a 43,955 (net) square foot parcel. Maximum height proposed is 26 feet.
The parcel is located within an R-i-40,000 zoning district. (CONTINUED TO 7/26/00)
DR-98-031 (503-78-004) - CHAO, 21888 Villa Oaks Lane; Request for Design Review
approval for the construction of a new 5,832 square foot, two-story residence on a vacant lot.
Maximum height proposed is 26 feet. The parcel is 43,996 square feet and is located within a
Hillside Residential zoning district. (CONTINUED TO 7/26/00)
DR-99-014 (503-29-057) - CHANG, 22005 Dorsey Way; Request for Design Review approval
to demolish an existing 4,001 square foot, single-story residence and construct a new 4,203 square
foot, two-story residence on a 40,031 square foot parcd. Maximum height proposed is 26 feet. The
parcd is located within an R-i-40,000 zoning district. (CONTINUED TO 7/26/00)
DR-00-009 (397-28-047) - BLACIG;VELL PROPERTIES, 13992 Alta Vista Avenue; Request
for Design Review approval to construct a 4,821 square foot, two-story residence on a vacant
parcel. Maximum height proposed is 26 feet. The parcel is 25,321 square feet and is located
within an R-M2,500 zoning district.
JuLY 12, 2000
DR-00-020 (503-82-004)- K2M ASSOCIATES, Lot 4, Rodeo Creek Hollow; Request for
Design Review approval to construct a new 4,827 square foot, two-story residence on a vacant
lot. Maximum height proposed is 26 feet. The 44,136 square foot site is located ~vithin an
12,500 zoning district.
CONSENT CALENDAR APPROVED 6-0.
PUBLIC HEARINGS
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a public 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 delivered to the Saratoga Planning Commission at, or prior to, the
public hearing. In order to be included in the Planning Commission's information packets, written
communications should be filed on or before the Thursday before the meeting.
DR-00-015 & SUP-00-001 (397-26-002) - KAISSI, 14195 Saratoga Avenue; Request for
Design Review approval for the demolition of an existing 742 square foot residence and the
construction .of a new 3,030 square foot, two-story residence with an 820 square foot basement
and a 651 square .foot detached garage. Second-unit Use Permit approval is also requested to
alloTM a 663 sqUare foot second dwelling.-The site is 21,780 square feet and is located within an
R-1-12,500 zoning district. (CONTINUED FROM 6/28/00 - PLEASE REFER TO
PREVIOUSLY DISTRIBUTED STAFF REPORT AND EXHIBITS)
CONTINUED 6-0 TO 7/26/00 FOR RE-DESIGN.
DR-00-017 (386-47-030) - SUN/HUANG, 19172 Brockton Lane; Request for Design Review
approval for the addition of a 722 square foot second story to an existing single story structure
on a corner lot. The existing structure is 2,630 square feet, and the proposed addition is 741
square feet at a maximum height of 24 feet. The 13,000 square foot site is located within an R-1-
12,500 zoning district. (CONTINUED FROM 6/28/00 ~ PLEASE REFER TO PREVIOUSLY
DISTRIBUTED STAFF REPORT AND EXHIBITS)
APPROVED 5-1 (COMMISSIONER KURASCH OPPOSED).
o
.SD-99-003, UP.-00-001 fsr GPA-00-001
(517-13-018, 517-13-019, 517-12-001) - SOBRATO
DEVELOPMENT COMPANY and the SARATOGA CEMETERY DISTRICT, 14800
Bohlman Road (site of the former Sisters of Notre Dame de Namur) and 14766 Oak Street
(Madronia Cemetery); Request for Tentative Map approval for the subdivision of the 23.5 acre
site into Il'lots ranging in size from 6.2 acres to 40,913 square feet. Minor road widening and the
development of a sidewalk along Bohlman Road are proposed. Use Permit approval is requested
to transfer two 'acres to the Saratoga Cemetery District for the expansion of the Madronia
Cemetery..A General'Plan Amendment is necessary to change the General Plan designation from
Quasi-Public Facilities to Residential-Very Low Density. The site is located within an R-1-
40,000 zoning district. ..
PLANNING COMMISSION ACTION MINUTES
JULY 12, 2000
PAGE3
An environmental initial study and subsequent Negative Declaration have been prepared for the
project pursuant to the requirements of the California Environmental Quality Act.
(CONTINUED FROM 6/28/00)'
CONTINUED 6-0 TO 9/13/00.
DR-99-005 ~z V-99-010 (503-53-064) - PONTIER-DeMATTEI, 15045 Sarahills Drive;
Request for Design Review and Variance approval to construct a new 3,747 square foot, two-
story residence with a 630 square foot basement and a 440 square foot detached garage on a
vacant lot. Variance approval is necessary to locate the residence within the rear yard setback to
minimize impacts to large oak trees and for retaining walls exceeding three feet in height within
the front setback. The site is 27,225 square feet and is located within an R-i-40,000 zoning
district.
CONTINUED 6-0 TO 7/26/00 DUE TO THE LATE HOUR.
10.
DR-99-033 (503-14-042) - HUENING, 13648 Vaquero Court; Request for Design Review
approval to construct a new 4,160 square foot, two-story residence with a 1,070 square foot
basement. The structure includes space for the storage of nine automobiles. The site is 50,965
square feet (gross size) and is located within a Hillside Residential zoning district.
CONTINUED 6-0 TO 7/26/00 DUE TO THE LATE HOUR.
DIRECTOR ITEMS
COMMISSION ITEMS
COMMUNICATIONS
WRITTEN
- City Council minutes for closed session of June 21, 2000 and regular meeting of June 21, 2000
- Notices for regUlar Planning Commission meeting of July 26, 2000
ADJOURNMENT AT 11:30 P.M. TO NEXT MEETING
- Wednesday, July 26, 2000, Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.:
MEETING DATE: July 19, 2000
ORIGINATING DEPT.: City Manager
DEPARTMENT HEAD:/~ ~v~
AGENDA 1TEM: (~-~
CITY MANAGER:~~.~ ..~
PREPARED BY: Christoph Korn
SUBJECT: Claim: Ram Mohan, Claimant; Claim No. 99-005
RECOMMENDED ACTION:
Reject claim.
REPORT SUMMARY:
The above referenced claim is attached. Mr. Mohan was driving his automobile in the fight lane
of Saratoga-Sunnyvale Road when he struck two boulders resulting in two fiat tires on the fight
side of his car resulting in $331.87 in damage and towing fees.
Since the road is under the jurisdiction of Caltrans and the State of California to maintain, ABAG
recommends rejection of the claim.
FISCAL IMPACTS:
Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The claim will not be rejected.
ALTERNATIVE ACTION:
The City Council could decide to not reject the Claim.
FOLLOW UP ACTION:
Process rejection of claim and notify claimant.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not applicable.
ATTACHMENTS:
Claim Acknowledgement Notice and Supplemental Claims Report fi:om ABAG.
ASSOCIATION OF BAY AREA
GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
Ma), 25, 2000
Christopher Kom, City-Analyst
City of Saratoga.
13777 Fruitvale Avenue
Saratoga, CA 95070'
A
C
BAG
0 R P 0
P
LAN
T I O N
ABAG
Claimant:
Date of Loss:
City Claim #:
ABAG Claim #:
Ram Mohan
02-11-00
SA99-005
GL050439
Dear Mr. Kom:
**CLAIMS ACKNOWLEDGEMENT NOTICE**
This Will acknowledge the receipt of the above captioned property damage claim. I am assisting
Lori Hardacre while, she is on vacation.
FACTS: ' '
Ram Mohan was driving his .1995 Lexus LS400 in the right lane of Saratoga-Sunnyvale Road
when he struck two boulders resulting in flat tires to both right tires. The accident occurred at
approximately 9:00 PM while it was raining.
PROPERTY. DAMAGE:
Mr. Mohan submitted his receipt from Wheelworks for the replacement of both tires at a cost of
$331.87. His insurance company covered his towing bill.
LOSS LOCATION: -
We' inspected the right lane 'of southbound Saratoga-Sunnyvale Road on May 22, 2000.
foad was free and clear of debris. We failed to locate a pothole as described by Mr. Mohan
The
LIABILITY:
Liability in undetermined. We will need to determine if the City had notice of a hazardous
condition before commenting on liability.
INFORMATION REQUEST:
Please check with your Public Works Division to determine that the City received notice of a
hazardous condition on Saratoga-Sunnyvale Road prior to this incident.
. Mailing Address: P.O. Box 2050 ' Oakland, £.alifornia 94'604-2050
Location:: JOseph P. Bott MetroCenter 101 Eighth Street
(510) 464~7900 Fax: (510) 464-7989
Oakland, California 94607-4756
plan@abag.ca.gov
ABAG Plan Corporation
Claims Acknowledgement Notice
GL050439
Page Two
REMARKS:
We will evaluate the liability issue after we receive your response to our information request.
ENCLOSURE:
· Correspondence to Ram Mohan
· Scene photographs
DIARY DATE:
Our file is on a 30-day diary pending your response to our information request. Should you have
any questions or comments regarding the above, feel free to contact me at (510) 464-7972.
Very tmly-o, ours!
Marken Hew
Claims Consultant
for Lori'Hardacre
ASSOCIATION OF BAY AREA 'GovERNMENTS
fieptesentin9 City and'County Governments of the San Fr:ancisco Bay Area
June 23, 2000 '" A B A G P
.... C 0 R P ORA
LAN
T 10 N
ABA6
Christopher Korn, City Analyst
City of Saratoga :
13777 Fruitvale Avenue
Saratoga, CA 95070
Claimant:
Date of Loss:
City Claim #:
ABAG Claim #:
Ram Mohan
02-11-00
..SA99-005.
GL050439
Dear Mr. Kom:
'**SUPPLEMENTAL CLAIMS REPORT**
This follows our May 25, 2000 report on the above captioned claim.
FACTS SUMMARY:
Ram Mohan was driving his 1995 Lexus LS400 in the right lane of Saratoga-Sunnyvale Road when he
struck tWo boulders resulting in flat tires to both right tires.
CITY REPORT:
Your June i3, 2000-letter stated the City had no prior notice of a hazardous condition. Additionally, the
loss location is under the jurisdiction of CalTrans and the State of California.
RECOMMENDATION:
We recommend sending Ram Mohan a Non-Jurisdiction letter utilizing the ABAG form on Page 19 of the
forms package. In addition, the City should also send Mr. Mohan a Notice 'of Rejection utiliZing ABAG
Plan Form #3. If you agree, please send us copies of both notices s°. we may diary our file accordingly.
DIARY DATE:
Our file is on a 30-day diary pending yobr response to. our recommendation. Should you have any
questions or comments regarding the above', feel free to contact me at (510) 464-7972.
Very trulFxyou},s'
Claims Consultant
for Lori Hardacre
Mailing Address:
Location:
P.O. Box 2050 Oakland, California 94604-2050
Joseph P. Bott MetroCenter lo] Eighth Street
(510) 464-7900 Fax: (510) 464-7989
Oakland, California 946074756
plan@abag.ca.gov
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.:
MEETING DATE: July 19, 2000
ORIGINATING DEPT.: City Manager
AGENDA ITEM:
CITY MANAGER: (~ ~.~(.~_~~
PREPARED BY: Christoph Korn ~f/f¢//~
D E PAR T ME NT HEAD : ,~//~/v~ ~'~/~q ~
SUBJECT: Claim ofJulie A. Cheney and Mark A. Coiley, Claimants; Claim No. 99-009A
and 99-009B
'RECOMMENDED ACTION:
Reject application for permission to file a late claim and reject underlying claim.
REPORT SUMMARY:
On June 17, 1999, the claimants were in a 1996 Toyota traveling westbound on an unspecified
length of Manor Drive. Ms. Cheney was driving and Mr. Coiley was the passenger. In the
process of completing a U-turn at one of the median openings, the claimants' vehicle was struck
by an oncoming 1999 Honda Civic driven by Mr. Chan. The claimants assert that the height of
the bushes and shrubs planted by the City in the median divider constituted a dangerous
condition. Since the claim was not submitted until after the six-month window for claims to be
submitted, the claimant has requested permission to file a late claim. ABAG and the City
Attorney recommend that the application for permission to file a late claim be rejected because
the City would be prejudiced by the passage of time and that the claim be rejected because it was
not filed within the required time period.
FISCAL IMPACTS:
Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The claim and the application for permission to file a late claim will not be rejected.
ALTERNATIVE ACTION:
The City Council could decide to accept the application for permission to file a late claim and to
grant the claim.
FOLLOW UP ACTION:
Process rejection of the application for permission to file a late claim and the underlying claim
and notify claimant.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not applicable.
ATTACHMENTS:
Not applicable.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.:
MEETING DATE: July 19, 2000
ORIGINATING DEPT.: City Manager
AGENDA ITEM: 2&
CITY MANAGER: ~.~ '._{~~.~ .'~ _~_
PREPARED BY: Christoph Korn
SUBJECT: Claim of Hilary Campbell, Claimant; Claim No. 99-008
RECOMMENDED ACTION:
Authorize ABAG to settle the claim in the amount of $235.
REPORT SUMMARY:
On April 19, 2000, Mrs. Campbell parked her car in front of her parents' home at 20290
Edinburgh Drive. The following day she left on a trip with her parents. On April 24, 2000, they
returned to find her vehicle had been towed. The City's slurry seal contractor had been
scheduled to perform work on the street wilh all work to be completed by April 18, 2000.
Residents in the area were sent a flyer of tile scheduled work. However, due to a last minute
scheduling change requested by the City, the work was postponed until a later date. This change
in date didn't allow the contractor sufficient time to send out additional notification which led to
the claimant's car being towed. ABAG recommends settling the claim due to the potential
liability of the City.
FISCAL IMPACTS:
The claim will be paid in the amount of $235.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The claim will not be settled.
ALTERNATIVE ACTION:
The City Council could decide to not settle the claim.
FOLLOW UP ACTION:
Process settlement of claim and notify claimant.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not applicable.
ATTACHMENTS:
Supplemental Claims Report from ABAG.
. .a s s o'c IAT I ON
OF' BAY
AREA' GOVERNMENTS
fiepresenting City and County Governments of the San Francisco Bay Area
'July 7, 2000
Clnistopher Korn, City Analyst
City of Saratoga
13777. FruiWale Avenue
Saratoga, CA 95070
A
C
BAG
0 R P 0
PLAN
RATION
ABAG
RE:
Claimant:
'Date of Loss:
City.. Claim #:
ABAG Claim #:
Hillary Campbell
04-24-00
SA99-008
-GL050538
Dear Mr. Korn:
* * sUPPLEMENTAL CLAIMS REPORT* *
Tiffs follows Our teleplmne conversation of July 7, 2000 regarding the above caPtioned claim.
FACTS SUMMARY:..
Hillary Campbell parked her car in front of her parents' home while away on vacation with her family.
The vehicle was towed due to its presence in a construction zone.
CITY REPORT:
It is our understanding Public Works changed the work date, but did not provid.e the contractor with
enougl5 time to notify the residents.
LIABILITY: '
Liability appears to rest witl! tile City. Al{hough the contractor was responsible for notifying residents of
the work date, Public Works changed the date at the last minute, preventing the contractor from notifying
the residents in time.
RE MARKS:
As We discussed, Hillary' Campbell-should be reimbursed for her towing and storage fees totaling
$235.00. 'However, the vehicle was registered to Lewis Oudman. As soon we ascertain the correct
identity of the registered owner, we will resolve the claim. Ms. Campbell's name is on the receipts,
therefore both parties will probably be named on the release and check.
DIARY DATE:
We suggest you diary your file 30 days for our final report. If you have any questions, feel free to contact
me at (510) 464-7972.
Claims Consultant
for Lori Hardacre
-Mailing Address:
Location:
P.O. Box 2050 Qakland, California 94604-2050
Joseph B: Bort'MetroCenter' 101 Eighth Street
(510) 464-7900 Fax: (510) 464-7989
Oakland, California 94607-4756
planOabag.ca.gov
SARATOGA CITY COUNCIL
EXECUTIVE' SUMMARY NO.
MEETING DATE q'\q.
ORIGINATING DEPT City_ Manager
DEPT. HEAD: Paula Reeve
AGENDA ITEM 2¥~'-
CITY MANAGER: ~
PREPARED BY:Carv Bloomquist
SUBJECT: Resolution authorizing West Valley Solid Waste Management Authority
Executive Director to request funds pursuant to the Department of Conservation Beverage
Container Recycling and Litter Reduction Act.
RECOMMENDED MOTION(S): Adopt Resolution
REPORT SUMMARY:
The City of Saratoga, as a member of the West Valley Solid Waste Management Authority
Board, participates and directs Scott Hobson, the Executive Director of the JPA, to act on behalf
of the jurisdiction as primarycontact on issues affecting the JPA. At the June 15, 2000 JPA
meeting, Scott Hobson presented an Agenda Report requesting the JPA approve a resolution
authorizing him to request funds from the California Department of Conservation Division of
Recycling. The resolution was approved by the JPA Board, and Mr. Hobson requested
individual member agencies approve resolutions requesting funding from the California
Department of Conservation's Division of Recycling (attachment #1). Once the individual
resolutions from the member agencies are received, Mr. Hobson will submit a request on behalf
of the JPA for the funds. Pursuant to the California Beverage Container Recycling and Litter
Reduction Act, the Department's Division of Recycling is required to distribute a total of
$10,500,000 to eligible cities and counties for beverage container recycling and litter cleanup
activities. Each city may receive a minimum of $5,000 or an amount calculated by the Division
on a per capita basis (please see attachment #1, table 1). If the funding request from the JPA is
approved by the California Department of Recycling, the City of Saratoga will receive an
allocation of $9,134 to support eligible activities having a primary emphasis on:
· The collection and recycling of beverage containers at large venues, public areas,
residential communities or schools:
· Public education promoting beverage container recycling and or litter prevention; or,
Beverage container litter prevention and or abatement in public places including
commtmity clean-up projects or other related activities involving the recycling of
beverage containers.
Member agencies were asked to provide resolutions by June 30, 2000. The City of Saratoga and
Monte Sereno did not submit resolutions by this date, but provided letters indicating their intent
to provide resolutions at the earliest possible date (attachment #2).
FISCAL IMPACTS:
If approved, the funding request will provide the City $9,134 in revenue for use in promoting
beverage container recycling.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
Resolution will not be adopted.
FOLLOW UP ACTIONS:
None.
ATTACHMENTS: 1. Resolution
2. Agenda Report from Scott Hobson, Executive Director
3. Letter to Scott Hobson from Interim City Manager William Norton
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
EXECUTIVE DIRECTOR TO REQUEST FUNDS FROM THE CALIFORNIA
DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING
WHEREAS, the people of the State of California have enacted the California
Beverage Container Recycling and Litter Reduction Act that provides funds to cities
and counties for beverage container recycling and litter cleanup activities; and
WHEREAS, the CalifOrnia Department of Conservation's Division of Recycling has
.been delegated the responsibility for the administration of the program within the
State; setting up necessary procedures for cities and counties or their designees
under the program; and
WHEREAS, per Section 14581 (a)(4.)(E) of the California Beverage Container
Recycling and Litter Reduction Act, the eligible participant must submit the
FUnding Request Form by the due date and time in order to request funds from the
Department of Conservation's Division of Recycling.
NOW, THEREFORE, BE IT RESOLVED that the City of Saratoga authorizes its Joint
Powers Authority, the West Valley Solid Waste Management Authority, to submit
.the Funding Request Form to the Department of Conservation's Division of
Recycling on .its behalf. The Executive Director of the West Valley Solid Waste
Management AuthoritY is hereby authorized and empowered to execute in the
name of the City of Saratoga all necessary forms hereto for the purposes of securing
.payme_nt to implement and carry out the purposes specified in Section 14581
(a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act,
and provide information regarding this program to the Division upon request. The
West Valley Solid Waste Management Authority will be the responsible party to
provide records to 'the Division should an audit be performed.
The foregoing resolution was passed by the City Council of the City of Saratoga this
day of ,2000. Effective ,
2000.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Stan Bogosian, Mayor
Cathleen Boyer, City clerk
WEsT VALLEY ~
SOLID WASTE MANAGEMENT
ALrrHoRrrY
AGENDA ITEM NO.
MEETING DATE:
l~Y~qE 15.2000
AGENDA REPORT
Date:
To:
From:
Subject:
· June 8, 2000.
West. Valley Solid Waste Management Authority Board
Executive Director
Department of Conservation Beverage Container Funds
RECOMMENDED ACTION
Approve Resolution 2000-05 authorizing Executive Director to request funds
pursuant to the DePartment' of Conservation Beverage Container Recycling and
Litter Reduction Act.
DISCUSSION.
Pursuant to-the· California .Beverage Container Recycling and Litter Reduction Act,
the Department's Division of Recycling is required to distribute a total of $10,500,000
to eligible cities and counties for beverage container recycling and litter cleanup
activities. Each city may receive a minimum of $5,000 or an amount calculated by
the Division on a per capita basis. Eligible activities have a primary emphasis on:
· :- the collection and recycling of beverage containers at large venues, public areas,
residential commUnities or schools;
· :o public educationpromoting beverage container recycling and/or litter
prevention; or,
o:o. beverage container litter prevention and/or abatement in public places
including community Clean-up projects or other related activities involving the
recycling of beverage containers. ~
To request funds, eligible participants (the Authority) must complete the Funding
Request Form and include a resolution identifying the individual (the Executive
Director) authorized by the eligible participant to receive and expend funds and (for
JPAs) a resolutiOn from each of the Member Agencies authorizing the JPA to act on
behalf of the jurisdiction as .primary contact.
· Table 1 summarizes the Funding Request Forms submitted by the May 31 deadline
for 'each of the Member Agencies.
WEST VALLEY SOLID WRSTE MANAGEMENT AUTHORITY
Page 2
AGENDA REPORT
June 15, 2000
Table 1
Funding Request Summary
Campbell $11,648
Los Gatos 8,842
Monte Sereno 5,000
Saratoga 9,134
Total $34,624
The apPlication stated that the requested funds "would be used for the preparation
and distribution of public education materials promoting JPA programs and other
community opportunities (e.g., downtown street recycle containers, supermarket-
based recycling centers) to recycle beverage containers and avoid litter."
Member AgenCies have been asked to approve the required resOlutions by June 30.
The Authority should approve the attached resolution identifying the Executive
Director as authorized to receive and expend the requested funds.
DOCUMENTS ATTACHED
Resolution 2000-05
FISCAL IMPACT
If approved, the funding request will provide up to an additional $34,624 in
revenue for use in promoting beverage container recycling.
L. Scott Hobson
Executive Director
RESOLUTION NO. ~
RESOLUTION OF .THE BOARD OF DIRECTORS OF
THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
AUTHORIZING THE REQUEST OF FUNDS FROM THE CAUFORNIA DEPARTMENT
OF.CONSERVATION DIVISION OF RECYCUNG
- WHEREAS, the peOple Of the State of California have enacted the
California Beverage-Container Recycling and Litter Reduction Act that provides
funds to cities and counties for beverage container recycling and litter cleanup
· activities (Program); and
WHEREAS, the California Department of Conservation's Division of
Recycling has been delegated the responsibility for the administration of the
Program within the State, setting up necessary procedures for cities and counties
or their designees under the Program; and
WHEREAS, the West Valley Solid Waste Management. Authority
(Authority) is .planning on participating in the Program and desires to request
funding from the Department of Conservation's Division of Recycling, and
WHEREAS, per Section ~14581 (a)(4)(E) of the California Beverage
Container Recycling and Litter Reduction Act, the Authority must submit the
Funding Request Form by the due date and time in order to request funds from
the Department of Conservation's Division of Recycling.
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF
-DIRECTORS OF THE VVEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
authorizes the submittal of the Funding Request Form to the Department of
Conservation's Division of Recycling. The Executive Director is hereby authorized
and empowered to execute in the name of the West Valley Solid Waste
Management Authority all necessary forms hereto for the purposes of securing
.payments and to implement and carry out the purposes specified in the section
14581 (a)(4)(A) of the California Beverage Container Recycling and Litter
.Reduction Act and provide information regarding this program to the Division
upon request.
This resolution was passed and adopted by the Board of Directors of
the West Valley Solid Waste Management Authority at a regularly scheduled
meeting on the __ day of ,2000, by the following vote:
AYES:
NOES:
ABSENT:
Approved:
Linda Lubeck, Chairperson
Attest:
L. Scott Hobson, Executive Director
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: JULY 19, 2000
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM _~'~
CITY MGR.: ~N~',~~ k{~
SUBJECT: 2000 Annual Concrete Repair Project - Award of Construction Contract
RECOMMENDED MOTION(S):
1. Move to declare J.J.R. Construction, Inc. of San Mateo to be the lowest responsible bidder
on the project.
2. MOve to award a construction contract to J.J.R. Construction, Inc. in the amount of $396,766.25.
3. Move to authorize staff to execute change orders to the contract up to $35,000.
REPORT ,gl IMMARY:
Sealed bids for the 2000 Annual Concrete Repair Project were opened on July 13. A total of three
contractors submitted bids and a summary of the bids received is attached (Attachment 1). J.J.R.
Construction, Inc. of San Mateo, who has worked for the City before, submitted the lowest bid of
$396,766.25, which is 4.9% below the Engineer's Estimate of $417,400. Staffhas carefully
checked the bid along with the listed references and has determined that the bid is responsive to the
Notice Inviting Sealed Bids dated June 14.
In addition to concrete repair, included in the scope of work of this project are five separate
projects: 1) Saratoga Vista Avenue Retaining Wall, C.I.P. No. 9902, 2) Trail Improvements at Mt.
Eden Road near Damon Lane, 3) Lynde Avenue Drainage Improvements, C.I.P. No. 0003, 4) The
Quito Avenue Sidewalk Project, C.I.P. No. 9501, and 5) ADA Improvements (41 Disable Ramps).
It is therefore recommended that the Council declare J.J.R. Construction, Inc. to be the lowest
responsible bidder on the project, and award the attached construction contract (Attachment 2) to
this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to
execute change orders to the contract up to an amount of $35,000 to cover any unforeseen
circumstances, which may arise during the course of the work.
FISCAl, IMPACTS:
Funding for this work is programmed in the adopted budget in the following Activities:
· Activity 3010 (Sidewalks and Trails) - Account No. 4014 (Repair Services)
· Activity 3005 (Street Maintenance) - Account No. 4010 (Contract Services)
· Capital Project No. 9704 (Park Development Projects) - Account No. 4010 (Contract
Services)
· Capital Project No. 9902 (Saratoga Vista Ave. Retaining Wall) - Account No. 4010
(Contract Services)
· Capital Project No. 0003 (Lynde Ave. Drainage Imp.) - Account No. 4010 (Contract
Services)
· Capital Project No. 9501 (Quito Road Sidewalk Project) - Account No. 4010 (Contract
Services)
· Activity 7015 (HCDA Administration) - Account No. 6003 (Improvements - Other). The
adopted budget contains sufficient funds to cover the contract and recommended change
order amounts.
ADVERTISING: NOTICING AND Plllll,lC CONTACT:
Nothing additional.
CONSEQUENCE~q OF NOT ACTING ON THE RECOMMENDED MOTIONS:
J.J.R. Construction, Inc. will not be declared the lowest responsible bidder and a construction
contract'will not be awarded to that finn. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all of the bids and direct staffto re-bid
the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding
the project due to the competitive nature of the current bids received.
AI,TERNATIVE ACTION(S):
None in addition to the above.
FOI,I,OW llP ACTIONS:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will
begin in by the end of July and last through the end of September.
ATTACI-IMENTS:
1. Bid Summary.
2. Construction Contract.
CITY OF SARATOGA
S TA CLARA COUNTY, CALIFORNIA
CONTACT FOR PUBLIC WORKS CONSTRUCTION
2000 Annual Concrete Repair and Improvement Project
THIS CONTRACT, made this 19tn day of July, 2000, by and between
the City of Saratoga, a Municipal Corporation, in Santa Clara
County, California, hereinafter called the City, and
J.J.R. Construction, Inc.
hereinafter called the Contractor.
WITNESSETH:
WHEREAS, the City i~as caused to be prepared in the manner pre-
scribed by law, pllans, specifications and other contract docu-
ments, for the work herein described and shown and has approved
and adopted these contract documents, specifications and plans and
has caused to be published in the manner and for the time required
by law, a Notice ~Inviting Sealed Bids for doing the work in
accordance with the!terms of this Contract, and
WHEREAS, the Contractor in response to said Notice has submitted
to the City a sealed bid proposal accompanied by a bid guaranty in
an amount not less than ten percent (10%) of the amount bid for
the construction of all of the proposed work in accordance with
the terms of this Contract, and
WHEREAS, the City, ~:in the manne~ prescribed by law, has publicly
opened, examined and canvassed the bids submitted and as a result
has determined and declared the Contractor to be the lowest
responsible bidder!I and has duly awarded to the Contractor a
contract for all ofl the work and for the sum or sums named in the
bid proposal and ini~ this Contract.
NOW, THEREFORE, THEi PARTIES AGREE AS FOLLOWS:
ARTICLE I. WORK TO BE DONE:
That the Contractor' shall provide all necessary labor, machinery,
tools., apparatus and other means of construction; shall furnish
all materials, superintendence and overhead expenses of whatever
nature necessary to construct all of the improvements for 'the City
of Saratoga in conformity with the plans, specifications and other
contract documents and according to such instructions as may be
given by the Saratoga Director of Public Works or his authorized
agent.
17
' ARTICLE II. CONTRACT PRICES
ExcePt as provided in Section IV B of the Specifications "Changes
and Extra Work~'), the City-shall pay the Contractor according to
the"prices stated in the bid proposal submitted by the Contractor,
which shall include all applicable taxes, for complete performance
-of the work'.,
The Contractor hereby agrees to accept such payment as· full
compensation for all materials and appliances necessary to
c0mplete.the~work;~ for all loss or damage arising from the work or
from action of'the elements, or from any unforeseen obstruction or
difficulties-which-may be encountered in the prosecution of the
work; incurred in and in consequence of the suspension or
discontinuance of the-work; as hereby specified; for all liabili-
ties and other 'insurance; for all fees or royalties or other ex-
penses on account of any patent or patents; for all overhead and
other expenses incident to the work and expected profits; and for
well and faithfully performing and completing the work within the
time-frame specified in the Notice to Proceed, all according to
' the_contract plans and specifications, the details and instruc-
tions, and the.requirements of the City.
ARTICLE III. PARTS OF THE CONTRACT:
That the complete contract document consists of the following:
1. Notice Inviting~'Sealed Bids 6
2. Bid p~oposal 7
3. Bidder's Bond or~.Bid Guaranty 8
4. Contract for Public Works 9
Construction 10
5. Hold Harmless.Clause 11
Performance Bond
Labor and Material Bond
Plans
Specifications
Insurance Certificates
Prevailing Wage Rate
In-case of-any conflict-between this Contract and any other part
Of the contract,, this Contract shall be binding.
IN WITNESS WHEREOF, the City has caused its corporate name to be
hereunto subscribed and its corporate seal to be hereunto affixed
~by its City Manager and its City Clerk thereunto duly authorized
and-the' Contractor has executed these presents the day and year
hereinabove written.'
18
AWARDED BY CITY COUNCIL:
Date: July 19, 2000
ATTEST:
City Clerkl
The foregoing Contract is
approved as to form[ this
day of ~ ,
20__ ~,
CITY OF SARATOGA:
CONTRACTOR:
By.
Title
License No.
City Attorney
Tax ID or SSN
"Funds verified
Finance Office
Date
" Contract No.
19
SARATOGA' CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: JULY 19, 2000
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITE?
CITY MGR.: ~,~~.~q~
SUBJECT: Monthly Street Sweeping - Award of Maintenance Contract
RECOMMENDED MOTION(S):
1. Move to award a monthly street sweeping maintenance contract to Califomia Street Maintenance
in the amount of $88,010.
2. Move to direct staffto prepare, a maintenance contract for street sweeping based on the criteria
included in the Request .for Proposal.
3. Move to authOrize the City Manager to sign a maintenance contract for monthly street sweeping.
REPORT SIIMMAR¥:
Request for Proposals (RFP) were received on June 30th for monthly street sweeping (see attached
RFP). A total of three contractors submitted proposals and a summary of the proposals is attached
(Attachment 2). California Street Maintenance of Gardena submitted the lowest proposal of
$ 88,010. Staff has carefully checked the proposal along with the listed references.
The F.Y. 99/00 cost for street sweeping, performed by Green Valley Disposal, was $74,817.60. In
June, Green Valley Disposal noticed the City that they were going to increase their contract amount
significantly for F.Y. 00/01. Because of the increase in cost, coupled with the fact that the City had
not solicited proposals for street sweeping since 1996, staff felt it was a prudent time to send out an
RFP for this service.
Staff contacted ten cities currently being serviced by California Street Maintenance, and all were
very satisfied with their level of performance. They currently have street sweeping contracts in 46
cities in California.
It is therefore recommended that the Council award a monthly street sweeping contract to
California Street Maintenance and authorize the City Manager to sign a maintenance contract for
the same.
FISCAl, IMPACTS:
Funding for this work is programmed in the adopted budget in Activity 5015 (Storm Water
Management) - Account No. 4010 (Contract Services).
ADVERTISING. NOTICING AND PIIFIT,IC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON THE RECOMMENDED MOTIONS:
California Street Maintenance will not be awarded a street sweeping contract. However, staff does
not believe that a lower proposal wall be obtained due to the competitive nature of the current
proposals received.
AI,TERNATIVE ACTION(s):
None in addition to the above.
FOI J~OW IIP ACTIONS:.
A contract will be.prepared and executed.
ATTACHMENTS:
· 1. Request for Proposal.
2. Proposal Summary.
3.California Street Maintenance Proposal.
~.. 13777 FRUITVALE AVENUE · SARATOGA, CALIFORNIA 95070 · (408)'868-1200
Incorporated 0ctober'22; 1956" ' '
'June 9, 2000 '' - . .~ ":'' :
California Street M~inten~n'ce ~
1918 W. 169th Street · ' '~
'Gardena, CA 90247 .
Subject: Request for maintenance proposal to provide professiOnal street sweeping services
. in.the City of Saratoga.
To Whom It May Concern:
COUNCIL MEMBERS:
Evan Baker
. .Stan Bogosian
Jot~n Mehaffey
Nick Streit
Ann Wattonsrnith
The City_of Saratoga, pursuant t0 Municipal Code section 2-45A40, is reqUesting maintenance
proposals'from qualified street,sweeping prOfessionals experienced in municipal street and
parking l0t sweeping. The successful contractor shall perform the tasks as listed in the Scope
of Services, below.
SUBMISSION DEADLINE
In or'der for your cost proposal t° be considered, submit-eight(2) copies to:'~
· John Cherbon¢
Acting Public Works Director ":
CityOf Saratoga
-13777 FruitvaleAvenUe - - - ·
Saratoga, California 95070
'(408) 868-1241
(408) 868-1281 Fax
Submission deadline: June 30, 2000, 5:00 p:m.
Page 1
-- P~:~nt~d bn recycled.paper
Scope of Services
Definitions and General Information
The City has approximately 60 arterial curb miles of roadway and approximately 205
residential curb miles of roadway to be swept. The City has parking lot areas to be swept
including 4 Village Parking Districts, Harkone Gardens, Congress Springs Park, and Civic
Center. In addition, the City may 'have seasonal leaf drop street sweeping and other
unscheduled Street sweeping needs.
The Contractor will sweep designated streets and parking lots currently owned and
maintained by the City.
The Contractor will sweep the following:
· Sweep weekly arterial streets totaling approximately 60 curb miles.
· Sweep monthly citywide residential streets totaling approximately 205 curb miles.
· Sweep weekly 4 Village Parking District parking lots.
· Sweep monthly Civic Center parking lots.
· Sweep monthly the HarkoneGardens parking lot.
· Sweep monthly parking lot adjacent to Congress Springs Park.'
· Perform other sweeping as requested.
'Sweeping will be performed between the hours of 6 A.M. and 5 P.M., Monday through
Friday. Sweeping may occur outside of these hours only when the City determines that a
noise problem would not result, and only upon written approval of the City.
The contractor will supply and maintain all labor and equipment necessary to accomplish
the scope of work.
The Contractor will dump all materials swept up at locations designated by the city.
All streets shall be. swept with the normal flow of traffic.
The Contractor will distribute public information notices about the street sweeping
program monthly at no additional cost to the City. The cost of distributing other public
information such as reminder tags and/or newspaper advertisements shall be negotiated.
All street sweeping machines used' by contractor in the performance of services shall be
of sufficient quality to. perform the work required.
Page 2
Printed on recvcled DP, Der,
City's
-Machines muSt be capable of transporting debris to locations' desi~o-nated bY the City.
Machines mUSt be equiPPed with .an efficient waterspray system-for dust control, and the
· sPray system mustbe maintained in good operating condition.
Machines must be Properly registered and insured in accel:dance with the moto~- Vehicle.
laws of the State of California. '
? Contractor shall mai'ntairi street-sweeping equipment i.na clean and. presentable condition
'and in good repair at all.times. All parts and systems of the Collection equipment shall
-- operate.pr0perly and be maintained in a condition satisfactory to the City. If a machine
becomes inoperative~ a'replacement street sweeping machine shall be-put into service
within 2 hours. -
- A sufficient supply of sp~re brooms or vacuum and other parts mUstbe kept on hand to
· ensure the timely'and continUOus· fulfillment of the services. '-
Equipment must be capable of removing litter, leaves, and-debris sufficiently to meet
applicable industry, NPDES Program, State, Federal, and City standards.
' Equlpment must conform to all Emission, Operation; Federal, State, and Local Safety·
~xegu,auons. · _
· ~"¢ehicles ·mast be of the'regenerative 'air type and equipped with dual gutter brooms and
mai..n broom capable of sw' eeping at a minimum of a nine-foot path.
Obligations..
T-fie city will provide and!maintain adequate disposal site(s) for dumping debris picked up
bythe c~ntractor:
The City will provide routine safety·efficiency checks.
ContractOr's Obligations
· The.Contractor will. be.reS 3onsible fOr securing adequate hydrant access throughout the
'City for'filling water spray systems. In. addition, the Contractor will be responsible for
'· .- .securing anY. necessary:pel.rrnits from the San Jose Water Company.
.--. P.age .3'
Printed on recvcl~d pa~er
The Contractor will provide fuel, water, and maintenance for all vehicles and for
equipment.
Equipment, when in operation, shall travel under 5 miles per hoUr to ensure that streets
are swept in a satisfactory manner.
The Contractor must submit sweeping documentation in a format prescribed by the City
on a monthly and annual basis.
Contractor shall propose separate schedules for arterial and residential sweePing.
Service Cost
As part of the Cost Proposal, the contractor shall provide a. breakdown for each described service
as listed below (see attached maps for specific locations of areas to be 'swept).
Unit Price
$ per
arterial street curb
mile
$ pe.r
residential street
curb mile
per hour
per hour
Description of Service
Weekly sweeping of approximately 60 curb miles of
Monthly sweeping of approximately 205 curb miles of
Weekly sweeping of 4 Village Parking District Parking
Lots
Monthly sweeping of Harkone Gardens Parking Lot.
Monthly sweeping of Parking Lot at Congress Springs Park
Monthly sweeping of Civic Cente? Parking Lots
Unscheduled Sweeps
Seasonal Leaf Drops
Page 4
Printed on recycled paper
if. you-have.any questions~ .piease call
~Sin~erely, ~
John Cherbone
Ac~ting. Public Works Director
me at: (408) 868,1241. ·
..... · Page 3
"- ' Printed on recycled.paper
-June-27,.2000
CMifor~a
Street
~:,ai~n,tenance
· .Mr.'jOhn· 'CherbOne
Acting Public Work.,
CITY OF SARATOGA.
'13777 .Fruitvale Avenue
Saratoga, CA. 95070-.
Dear Mr. Cherbone,"'
Director
EncloSedisOur proposal-for providing street sweeping
services for the City of. Saratoga.
This proposal contemplates complete compliance with all
specifications and terms set forth in your Request For
'Proposals.
California .Street Maintenance is extremely proud of the
.repUtation we have earned for the courtesy, quality and·
'dependability 'of oUr services.
We are.very confident of our ability to do an excellent job for
'tlie City ofSaratoga.
Please .call ifyou
-Sincerely. yours, ·
Je ~~
wwW.$TRF£TSWEE PiNG;eOM -
have any questions concerning this proposall
~G 'A R D'E N 'A ,
CA 90247
STSWEEPERs~EARTH LIN K.N ET
(800) 225-7316
· FAX (310) 538-8015'
California
Street
Maintenance
PROPOSAL
FOR
STREET SWEEPING SERVICES
FOR
THE CITY OF SARATOGA
PREPARED BY
CALIFORNIA STREET MAINTENANCE, INC.
1918 W. 169th STREET
GARDENA, CA 90247
JUNE 27, 2000
~'.' .: · Thd-Contractor ~vill pi'ovid'e fuel, 'water, and maintenance for-all .vehicles and for .-.~i "-'___"' equipme~nt. ' -,-- - . .. -..
..... "', .-: Equipment, when in Operation, shall irave'l under 5 miles per hour to ensure that streets'
· '.': ' · : are swept in a satisfactorYmanner.
.-- - - · '"The-Contractor must submit sweeping documentation in'a format Prescribed by the City -- .... ion am0nthly-and-annual basis. :: '
· ' Contractor shall propose ~eparate-schedules for arterial and residential sweeping.
-- Service Cost " --
As pan'of the Cc~st. Proposal, the contractor shall provide a breakdown for each described serv. ice
as listed'b_e, loW (see at~ached m~Ps fgr sp.e_cific locations of areas to be swept).
Unit Price
$ ' per
arterial street'curb
-:mile .
per-'
residential Street
curb mile
Description of Service
Weekly sweeping of approximately 60 curb miles of
Monthly sweeping of approximately 205 curb miles of
1.25.00
Weekly sweeping of 4 Village Parking District Parking
Lots
$ 35. O0
Monthly sweeping of Harkone Gardens Parking' Lot
35-. 00
35.00-
65per hour
65 per hour
Monthly sweeping of Parking Lot at Congress Springs Park
Monthly sweeping of Civic .Center Parking Lots
Unscheduled Sweeps
Seasonal Leaf Drops
.... -.Page 4
HISTORY
AND
QUALIFICATIONS OF
CALIFORNIA STREET MAINTENANCE, INC.
BACKGROUND AND EXPERIENCE
California-Street Maintenance, Inc., was 'fOunded by Jere
Costello in '1963.- 'At-first we concentrated on providing
· sweeping .service· t° shopping centers. We became one of the
larger shopping center sweeping companies in Southern
-California.
.. In .1973_we began prOviding municipal street sweeping services
to the City: of .Rolling' Hills Estates,
During the past ' 27 ..years. .california Street Maintenance, Inc.
grew slowly and-carefully, learned the business of municipal
street sweeping.
'We develoPed the persOnnel'and expertise necessary to repair
and maintain sweepers properly..'
We acquired, the .knowledge necessary
.responsible operatOrs.
to hire and train
We learned roUting and scheduling of sweeper routes.-
W~ learned our skills-on the steepest and dirtiest streets in the
mOst demanding cOmmunitieS.
Today we'are ~experts-in virtually all aspects of municipal street
-sweeping..'
We operate a fleet-of.over 60 full size late model street sweepers
-andsweep over 45 communities in California.
MOst important,, as a-company, we developed an excellent
attitUde toward quality~that has led to long term relationships
with our clients.
Our staff_and .emPloyees take great pride in our reputation, our
work and the complete Satisfaction of all our. clients.
[Califi)rnia
Street
Mai ntenance
PERSONNEL
"" i~lere costello, President, CEO'
"Jere Costello founded
the Company
in 1963.
Mr.-CostellO.attended California State Universi.ty at
graduated Nort'hrop School of Law in 1980.
Mr. ¢ostello :is expert' in. all .facets of .the sweeping industry.
had 34 years on hands experience in the sweeping industry
Southern California area.
Long.Beach,
He has
in the
Mr.'CoStello is expert .in 'the _capabilities of sweeping equipment ·and
.their proper useand maintenance.
Mr.. Costell° is also expert-in scheduling and routing.
Rick Anderson, Manager of Operations
Mr. Anderson is a graduate of USC and
School of Law.
Southwes{ern
University
Mr. Anderson has been Operations Manager for ten years.
Mr. Anderson and Jere Costello have been good friends over 20 years.
-Mr; Anderson worked for ten years in his families' Sheet Metal
Manufacturing Company before coming to work at California Street
Maintenance.
Mr. Anderson is excellent in bringing the best out of our employees.
He is well respected by emplOyees in the firm.
Manager
Kien H. sien, AcCounting
Mr. 'Sien is a' graduate' of University
"Bachelor of $Cience;~:-major in accounting.
years of MB~ program, at uSF.
of San Francisco, and has a
Mr. Sien also finished two
Mr.'sien has been an :Accounting Manager since 1985. Prior to joining
California Street Maintenance, Mr. Sien has held accounting and
administrating
years.
managerial positions in various other firms for over the
Kelli Kessler, Dispatch Manager
Kelli has worked for us for over eight years. She is
overseeing the daily operation of the business, taking all the
orders for service, and dispatching the sweepers to the job.
Ms. Kessler has done an excellent job for California Street
Maintenance.
She is bright, sensitive and aware of the importance of quality,
on-time service.
.ChaSe Harris,-Field
-Supervisor
'chase Harris has been With' California street Maintenance for
. .oVer seven years,
· Mr. Harris is-responsible for Overseeing the operators and
their Work out in the.field. 'He has built' up a great rapport with
the drivers.
· Mr.. Harris. is-intelligent and very quick to respond to any
s,,u'a,,on'. - .
-Ho is quite an asset tO the company.
Ron Locke, Field Supervisor
Ron Locke has been an asset to California Street .Maintenance
past three years.
Ron Locke is responsible for overseeing the operators and
their work out in the field.-
Ron is skilled at dealing with operators, residents and your
staff.
He understands the objectives of our approach to Quality
Control and is gifted in achieving the desired results.
Equipment Operators
We'have-oVer~60 qualified'street sweeper operators.
Many of' oUr-operators-have been with the Company in excess of 10
years and several over 15.years.
OUr operators are trained., to valUe and care for their equipment. They
are .'knowledgeable. about-proper adjustment of'brooms and the most
'efficientand effective performance of their equipment. -'
-Our ?peratorS 'understand
im'portanCe of qualitY work..
the importance of punctuality, and the
Our drivers take pride in our customers
satisfaction.
Repair and Maintenance Crew
California Street Maintenance has 12 full time mech'anics that are
expert in the repair and maintenance of our equipment. Our
mechanics are factory trained to help insUre high quality performance
of our.equipment.
We have an additional four full time employees that are mechanics
helpers. They change brooms, tires, and help keep our sweepers.
clean.
We have mechanics available around the clock to help insure our
ability to 'meet our cOmmitments.
We feel that the key to customer satisfaction is.~ dependable well
maintained equipment~ Consequently, we feel that the quality of our
repairs and maintenance'·is Crucial to our sweepers. ·
We feel that we have the strongest mechanical staff in the industry.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO:
MEETING DATE: July 19, 2000
ORIGINATING DEPT: Community Development
AGENDA ITEM: ~')
CITY MANAGER:~
SUBJECT: Award of contract to Parsons Harland Bartholomew & Associates, Inc.
(Parsons) to update the City's General Plan Housing Element.
RECOMMENDED MOTION:
Direct the City Manager to award the Housing Element update contract to Parsons.
REPORT SUMMARY:
California cities are required by law to submit updated Housing Elements to the State
Department of Housing and Community Development by June 2001. In preparation,
Community Development Department staff distributed Requests for Proposals to twenty-
three land use 'consulting firms in the Bay Area and Sacramento. Of the twenty-three
requests, the City received a single proposal from Parsons. While City staff was
disappointed with the response rate, the good news is that Parsons is a well known and
reputable firm that should be able to assist the City in this effort very effectively. At
$33,500 their proposal is also well within the City's budget of $50,000 set aside for this
project. The alternative to awarding the contract to Parsons would be to send out new
RFPs to consulting firms throughout the State, particularly in southern California where
jurisdictions are just now completing their Housing Element updates and more consulting
firms might be available. Staff is satisfied with Parsons' proposal and does not feel that
new RFPs are necessary.
Staff has also negotiated with Parsons to assist in updating the City's base maps. These
include the General Plan, Zoning, Ground Movement Potential and General Utility
Districts Maps. Using the City's current GIS database program, both Parsons and City
Housing Element Contract
Page Two
staff feel that time-and-materials to complete this task should not exceed $10,000. As a
result, the total contract award is for $43,500.
FISCAL IMPACTS:
Califomia cities are required by law to submit updated Housing Element to the State
Department of Housing and Community Development. Consultant funds to accomplish
this have been included in the FY 00/01 budget.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION:
New Requests for Proposals would need to be distributed and the selection process
reinitiated.
FOLLOW UP ACTIONS:
Staff will begin the update of the Housing Element.
ATTACHMENTS:
1. Independent Contractor Agreement
2. Excerpts from Proposal
PAPlanning',James\CC Memos'Homing Contract. doc
CITY OF SARATOGA
STANDARD
_INDEPENDENT. CONTRACTOR AGREEMENT
'.THIS AGREEMENT is made at Saratoga, Califomia by and between the CITY OF
'SARATOGA,. a municipal corporation ("City"), and Parsons Harland Bartholome~v &'
Associates, lng. ("Contractor"); who agree' as follows:
RECITALS
· WHEREAs, Ci. ty_requires the'serVices of a qualified contractor to provide the work
.. product described in Exhibit A of this. Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work product; and
WHEREAS, COntractor is dul~) qua'lifted to' provide the required work product; and
WHEREAS, Contractor is agreeable to providing such work product on the terms and
conditions her-einat~er set forth.-
'.NOW THEREFORE~ the parties hereto' agree as follows:
1. ·RE- ~SULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in
this A'greement, C0ntractor'shall provide to City the work product described in Exhibit A
-("Scope of WOrk!'). Contractor is not authorized to undertake .any efforts or incur any
costs whatsoever.under the terms of this Agreement until receipt of a fully executed
· 'i. Purchase Order from the' Finance D~partment of the City of Saratoga.
- '.2.'.: TERM. Tile term Of this Agreement commences on August 1, 2000 and extends
~'· .through the completion of the project, unless it is extended by written mutual agreement
-between the parties, provided that the parties retain the right to terminate this Agreement
as provided in Exhibit D at all times.
3. .PAYMENT. Cityshall pay Contractor for work product pi'oduced pursuant to
this Agreement at the time and in the mannerset forth in Exhibit B ("Payment"). The
Payments spe_cified in Exhibit B shall be the only payments to be made to Contractor in
connection With Contractor's completion of the ~cope of Work pursuant to this
Agreement.. Contractor shall submit all billings to City in the manner specified in Exhibit
B; or, i-f no manner is specified in Exhibit B, then according to the usual and customary
procedures andpractices which Contractor uses for billing clients similar to City. '
' ~ standardIndependent Contractor Agreement
Page 1 of 4
Las! printed 7~1.3/00 4:47.PM -
O:\Contract\Standard-Contract ~5-25-00).doc . '
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities
and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and
equipment, which may be required for completing the Scope of Work pursuant to this
Agreement. City shall furnish to Contractor only the facilities and equipment listed in
Exhibit C according to the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the
general provisions set forth in Exhibit D ("General Provisions"). In the event of any
inconsistency between said general provisions and any other terms or conditions of this
Agreement, the other term or condition shall control insofar as it is inconsistent with the
General Provisions.
6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and
are by this reference incorporated herein and made a part of this Agreement.
7. CONTRACT ADMINISTRATION.' This Agreement shall be administered on
behalf of-the City by Community Development Director James Walgren
("Administrator"). The Administrator has complete authority to receive information,
interpret and define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other communications
shall be directed to or through the Administrator or his or her designee.
8. -NOTICES. Ali notices or communication concerning a party's compliance with
'the terms of this Agreement shall be in writing and may be given either personally, by
certified mail, return receipt requested, or by overnight express carrier. The notice shall
be deemed to have been given and received on the date delivered in person or the date
upon which the postal authority or overnight express carder indicates that the mailing
was delivered to the address of the receiving Party. The Parties shall make good faith
efforts to provide advance courtesy notice of any notices or communications hereunder
via telefacsimile. However, i~nder no circumstances shall such courtesy notice satisfy the
notice requirements set forth above; nor shall lack of such courtesy notice affect the
validity of service pursuant to the notice requirement set forth above. Any Party hereto,
by giving ten (10) days written notice to the other, may designate any other address as
substitution 0fthe address to which the notice or communication shall'be given. Notices
or communications shall be given to the Parties at the addresses set forth below until'
specified otherwise in writing:
Notices to Contractor shall be sent to:
Jeffrey M. Goldman, 'AICP
Parsons Harland Bartholomew & Associates, Inc.
2233 Watt Avenue, Suite 330
Sacramento, California 95825
'Standard Independent Contractor Agreement
Last printed 7/13/00 4:47 PM
O:\Contract\Standard Contract (5-25-00).doc
Page 2 of 4
-Notices to city shall'be sent to:'
James Walgrenl AIcp
City of Saratoga :
13777 Fruitvale AVenue
Sa[atoga,-CA 95070 '
~
With a copy (.which copy shall not constitute, notice) to:
-City-Clerk
. Ci_ty of Saratoga
13777 Fruitvale Avenue
' Saratoga, CA 95070
9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements,
either oral or written, between the parties hereto with respect to Contractor's completion
of the Scope of Work on bbhalf of City and contains all of the covenants and agreements
between the parties Mth respect to the rendering of such services in any manner
whatsoever. Each p .a:rty to this Agreement acknowledges that no representations;
inducements, promises, or agreements, orally or otherwise, have been made by any party,
or anyone acting on behalf of any Party, which are not embodied herein, and that no other
agreement, statement oi promise not contained in this Agreement shall be valid or
binding. No amendment, alteration, or variation of the terms of this Agreement shall be
valid unles's made in writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By: Date:
Print Name:
'P0sition~
CITY OF SARATOGA, a municipal corporation
By: . --
Nalne;
Title:
Date:
Standard Independenf Contractor Agreement
. Last printed 7/13/(~0 4:47'PM
O:\Contract\Standard Contract-(5-~5-00).doc
Page 3 of 4
APPROVED AS TO FORM:
By: Date:
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By: Date:
Administrative Services Director
Attachments
Exhibit A -- Scope of Work
Exhibit B --. Contract Payment and Reporting Schedule
Exhibit C .- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E ---Insurance Requirements
Standard Independent Contractor Agreement
Last printed 7/13/00 4:47 PM
O:\Contract\Standard Contract (5-25-00).doc
Page. 4 of 4
City of Saratoga Housing Element Update & Mapping Services
REVISED SCOPE OF WORK
'1. HOUSING NEEDS ASSESSMENT REPORT
(TECHNICAL BACKGROUND) ~
A.. Identify/Collect Data
Parsons .will rely on existing sources 'of
public and priviate, data to 'complete 'the
Assessment. Parsons will provide 'the City
with a list Of data. requirements that will
address key local issues and state law. The
focus of-the data collection will be on filling
in "gaps" 'of knowledge to update the 1984
Housing Element. In addition to obtaining
census and other published .data from
governmental_agencies,-Parsons will do the
following:
contact community organizations
servin.g specia! needs groups;
review dfita from .school districts' and
other, agencies that se~e particular
segments of the Population;
contact real estate and' rental property'
sources to verify information on housing
Costs and rents;
contact recent housing developers in the
City for _information on development
costs;.
review City, state, and federal records to
ensure a -' .complete accounting of
subsi~.ided rental housing (HUD's
Section 8 data base shows two
projects--Fellowship Plaza with 1'50
assisted units and Saratoga Court with
20 assisted units); and ·
review City records and other available
data on 'rent stabalization' and vacancy
decontrol..
Parsons will .also tour vacant sites and sites
with redevelopment potential (underused
sites in .relation to allowed zoning) for
potential Suitability for housing
development. Parsons will provide its.
findings on the suitability of these sites.
B. Housing Needs Assessment Report
The Housing Needs Assessment report will
address the requirements of state law and
key local issues that are focal to the Element
relating toi
· population/household characteristics
· housing characteristics
· housing cost
· . housing costin relation to income
· special housing needs
· employment trends/housing impact
· vacancy decontrol
· vacant land
· sites with redevelopment potential
· mixed use potential
· residential energy conservation
. it Site AvailabilityAssessment
Parsons will use data provided by the City to
estimate the City's 'residential development
capacity and the number of sites that Chh
accommodate various types of housing for
each income group. To the extent the City
can provide requested data; Parsons will
analyze:
the number of acres of vacant land by
residential zoning category and parcel
size and feasible development capacity
(in light of natural conditions and zoning
requirements);
City of Saratoga Housing Element Update & Mapping Services
0"
the number of acres of vacant and
development potential of land in non-
residential zones that permit residential
uses (such as multi-family hoUsing in
commercial zones);
the maximum density permitted by each
zoning category;
historical records on actual residential
development densities achieved; and
sites having potential for redevelopment;
the imPlementation of mixed use
policies (such as housing over ground
floor retail uses);
the conversion of nonresidential
buildings to residential use (such as an
old commercial building); and .
second units in residential zones.,
o
Ii
. ' Staff Meetings
One staff meeting to initiate the project.
One staff meeting to discuss
findings/conclusions of Needs
Assessment
Deliverables
population and Housing Assessment
report (one electronic and one '
reproducible version).
2. HOUSING ELEMENT
a. 'Screen Check Draft
Parsons will prepare a Screen Check Draft
Housing Element for City staff review. The
budget for this task assumes that City
comments will be compiled and provided to
Parsons in one set. The Screen Check Draft
will contain the follOwing sections.
Executive Summary
Parsons will prepare an executive summary
that includes key findings and conclusions
from the Housing Needs Assessment Report,
key findings and ..conclusions from the
evaluation of the current Housing Element,
and a summary of the City's goals, policies,
and quantified objectives,
ii. Evaluation of Current Element
Parsons will provide: 1) a program-by-
program analysis of achievements, and 2) a
performance evaluation based on the
quantifiable objectives in the current
Housing Element. The report will indicate
the housing type and population group
affected 'by each 'existing program, the
targeted income level, and the number of
housing units constructed, rehabilitated,'
subsidized, or otherwise affected.
This report will also identify factors -
affecting the City's achievements (positively
or negatively), and 'whether changes in
policies and programs can overcome
constraints to the-City's achievement of its
new HoUsing Element objectives.
The evaluation will be organized according
to the City's stated goals, policies and the
programs adopted to achieve them.
iii. At-Risk Rental Housing Assessment
Parsons will document the number and type of
assisted rental dwelling units (program type,
senior versus non-senior units, targeted
income level) in the City with deed or other
restrictions that limit occupancy to low-
income households. Included in the analysis
will be HUD-, HCD-, and CHFA-assisted
City of Saratoga Housing Element Update & Mapping Services
rental .housing; b0nd-fmanced projects,
Redevelopment Agency assisted units, density
bonus units, and inclusiOnary housing units.
Parsons will ~:eport On the earliest date that
income/rent restrictions eXPire_on assisted
rental units,· the property address 'and owner,
the number of affected units, and the cost of
acquiring or replacing the units at-risk.
· The cost of acquiring and replacing at-risk
will be based on an evaluation of comparable
property values, development-costs, and
rehabilitation need 'of' any of the at-risk
· .. projects.
Parsons'will also report on resOUrces
available for the preservation or replacement
of at-risk units and-nonprofit housing
'organizations with~an interest and capacity
to preserve:-or replace the units..
.According .to HUD Section 8 records, the
termination-, dat~ of restrictions on
Fellowship Plaza .was December 1999 and
on Saratoga Court September 2000. 'The
City ' is' currently negotiating for the
preservation of low-income units at
Fel!ow~hip plaZa .and may wish to also
negotiate with the private owner of Saratoga
Court.. Parsons " can assist the City in
identifying available preservation strategies,
including use of state Or federal programs to
preserve assisted rental housing.
iv. Homeless/Transitional Facilities
Current homeless characteristicg and needs
will be docUmented from 'previous studies,
published reports of homeless service and
shelter.' ,providers, . and 'contacts with
representatives of those providers.
Although ParsOns· does not expect to find a
significant homeless population-or need in
the City, we will establish the aVailability of
such serVices in the area in the event such a
need arises and Where homeless facilities
and transitional housing may be permitted in
the City.
iv. Governmental Constraints
Parsons will review and information in the
current Housing Element on zoning and
other local ·regulatory requirements that
could substantially affect the City's ability
to facilitate, and the building industry's
ability to supply, housing for all income
groups. The governmental constraints
analysis will also include:
· An evaluation of any unique local
building requirements and how they may
affect housing cost and availability;
· The permit process, including
development and permit fees and
timelines (Parsons will provide summary
tables showing typical permit process
times and costs); ~
· The impacts of the City's inclusionary
housing and rent stabilization programs.
on housing affordability and availability;
and
Other local regulatiOns, standards, or
governmental practices that affect the
· construction, conservation, or
rehabilitation of housing.
vi. Non-governmental Constraints
Parsons will update the analysis of:
· financing costs and availability, how
these affect affordability, and whether
there are l°cal financing constraints;
· land costs;
· construction costs, and any specific local
conditions affecting those .costs; and
City of Saratoga Housing Element Update & Mapping Services
environmental factors that constrain the
home building industry in meeting the
City's housing needs.
vii. Goals, Policies, and Programs
Parsons will use the City's existing goals,
policies, and programs as the basis for the
program section of the updated Housing
Element. Parsons does not anticipate a
major shift in the City's housing policies.
However, Parsons may recommend changes
to specific programs to reflect amendments
to state law since 1984, new information in
the technical background report, and
findings from the evaluation of achievement
.under the current Housing Element.
In particular, each program in the updated
Housing Element will contain a clear
statement of the proposed action, the expected
results (time-oriented and quantified when
possible), the responsible agency for
implementation, and the anticipated funding
source.
Parsons'will' prepare an updated quantified
'objectives table with recommended numbers
for housing preservation, conservation, and
new construction for each of the four
income categories (Very Low, Low,
Moderate, and Above Moderate).
Parsons will also identify local, state,
federal, and private' financial resources that
the City might use to meet the identified
housing needs and to 'implement
recommended housing programs.
viii. General Plan Consistency
Parsons will determine whether any changes
to the'Housing Element will require
· corresponding changes to other General P1an
elements. If so, Parsons will identify the
policies or programs of each element to be
revised and provide recommended text for
the revisions. A summary of findings
regarding General Plan consistency will be
included in the Housing Element.
ix. Layout and Format
Parsons will provide 'City staff with concepts
. for the layout and graphic presentation of
the Housing Element. Parsons will develop
a product that is easy to read, highlights key
housing issues and actions the City will take,
and provides a graphically interesting layout
that complements and reinforces the key
points of the documents.
b. Public Review of Draft
Parsons will revise the Screen Check Draft
according to City. staff comments and
provide a Revised Draft ready' for public
circulation and review by the Planning
Commission.
c. Revised Draft for Council' Review
Parsons will revise the Public Review Draft
based on Planning Commission and public
comments. The Revised Draft will be
submitted to the City Council for review.
City Council comments will be incorporated
into a Final Draft of the Housing Element.
d. State HCD Review
Parsons' approach tO state review will be
proactive rather than reactive. To facilitate
state review, Parsons will prepare a report
outlining key issUes of concern and how the
City has addressed 'these in the Housing
Element.
At the City's option, Parsons will arrange a
meeting with the HCD staff reviewer at the
City, including a City tour. The purpose of
City of Saratoga Housing Element Update & Mapping .Services
. this meeting is to Provide' the HCD reviewer
-. with firSVharid knowledge of housing issues,
consiraints, and'resources..
' i. Post-Review MeetingwithHCD
If necessary, ParSons will meet following
the receipt of the Department's comments to
clarify, any-issues and possibl_e responses
that 'could address the - Department's
concerns. Parsons' objective is tO ~nsure that
'-all-potential issues have been identified 'and
resolved. By foll6wing this apProag~,
Parsons can reduce the likelihood that
substantial Changes will' have to be made to
the Draft Housing Element as a result of
' state review:
it Summarize HCD Comments
Parsons will prePare a summary of-HCD's
.comments, noting the applicable sections of
the Housing-Element to-and potential
modifications to address those comments. If
requested by the City, Parsons will contact
HCD to discuss' the potential modifications
-'and wtiether they will ~address HCD's
concemi.
e. Final Housing Element
Staff Meetings
One meeting with City staff to review
staff comments on Screen Check Draft.
One meeting with City staff to review
public, comments and discuss revisions. '
One meeting with City staff to review
HCD .comments and possible
modifications to the Housing Element.
Deliverables
1. Screen Check Draft Housing Element
(one electronic version and one
reproducible version).
2. Public Review Draft Housing Element
(one electronic version and one
reproducible version).
3. Revised Draft Housing Element for
submission to HCD. (one electronic
version and one reproducible version).
4. Final Housing Element (one electronic
version and one reproducible v. ersion).
5. Memo summarizing HCD comments
(one electronic version~ and one
reproducible version).
Parsons Will prepa.re a Final Housing
Element 'for ~City Council adoption. If the
City Council directs further Changes to the
Housing Element, Parsons will list the
requested changes and the affected Housing
Element section(s)i if any .of the changes
.involve substantive'mgdifications' Parsons
will recommend that HCD .review these
changes prior to City Council adoPtion-of
the Final HouSing Element.
If favorable 'HCD review of the Housing
Element .~is not'achieved, Parsons will
provide written findings for City staff
review and submission to 'the. City Council
for adoption with the Housing Element.
3. PUBLIC PARTICIPATION
Parsons will support City staff in
coordinating and implementing a public
participation process that includes a public
workshop and public hearings, before the
Planning Commission and City Council.
a. Public Workshop
Parsons will take an active role with City
staff in developing the agenda, facilitating,
answering questions, and taking notes of
comments at the public workshop. City staff
will be responsible for scheduling, logistics,
providing copies of workshop materials, and
City of Saratoga Housing Element Update & Mapping Services
answering questions that are within their
purView.
Parsons recommends that a public workshop
be conducted early in the process, prior to
the preparation of the Screen Check Draft
Housing Element. The purposes of this
workshop will be to:
· educate the public in the requirements of
state law and the housing element
process;
· discuss key issues that will serve as the
focus for the Housing Element update;
and
· present preliminary findings and
conclusions from the research conducted
in Task 1.
The presentation materials will summarize
the requirements of state law, the housing
element process, and key issues, findings,
and conclusions identified by Parsons.
b. Public Headngs
Parsons will attend two .Planning
Commission and City Council hearings.
Parsons' will prepare presentation materials
'for these hearings summarizing the Housing
Element HCD comments and responses.
c. PublicPresentation ~Matedals
Parsons will prepare presentatiOns for each
of the public meetings/hearings and provide
reproducible hard 'copies for public
distribution. The Presentation format may
be Microsoft Powerpoint®, standard
overhead, o/' another medium as directed by
the City.
Deliverables
1. One electronic -version and' one
reproducible version of each
presentation. :
4. CEQA COMPLIANCE
Scope Issues
Parsons will meet with City staff to discuss
an approach to the IS/ND format, content,
and responses to comments. This will
coincide with the completion of Screen
Check Draft Housing Element so that
Parsons can present any issues that may
need reSolution prior to the environmental
evaluation.
it Prepare Draft IS~ND
Parsons will prepare a Draft IS/ND using the
most current Environmental Checklist Form
in Appendix G of the California
Environmental Quality Act (CEQA)
Guidelines. The IS/ND will consist of a
Project Description, CEQA Environmental
Checklist, Discussion 'of Environmental
Issues, and References. The project
description will summarize the proposed
Housing Element amendments, areas of the
City affected by sPeCific programs that may
have significant impacts, and general
location maps showing the areas of the City
affected by those proposed programs.
The IS/ND will include a brief discussion of
each 'issue item in the Environmental
Checklist, with more thorough analysis
given to those items that i:ould result in
potentially significant impacts. Parsons will
also identify general and specific mitigation
measures that are required to reduce adverse
impacts to less-than-significant levels.
City of Saratoga Housing Element Update & Mapping' Services
-'-The H0usingElement's conformity with the
other-elements-of the. Gene?al PIan will be
ir/eluded in the'analysis: if mitigation
measures are-required to reduce impacts ..t.0 a
less-than-significant,.. ,.leYel;' they-.will be
identified as' sue. h3 and incorporated into the
description of the proposed projeCt.
The_ intent of the Housing Element Update is
to meet the most current_ requirements of
-state law, update quantified-objectives for
housing, and revise policies and programs to
achieve, those new objectives. Parsons
assumes' that the Housing Element Update
wi!! not require changes in land use or other
general plan policies that would result in
sil~,nificant impacts, that could not'be mitigated
.to a less-than-significant level. . .
The budget· for the iS/ND assumes that-
Parsons can use data from readily available
sources (General Plan, General Plan EIR,
other. EIRs, previous technical studies, 'etc.)
and will- not. perform 'independent field
investigations or field ·data collection.
iii. Prepare Revised Draft IS/ND
parsons will revise the IS/ND based-on City
staff comments, and submit the revised
.document to City staff for public circulation.
The City will be. resPonsible for circulating the
IS/ND.
.iv.. Prepare Final IS~ND
After the 302day public review period has
expired, Parsons will prepare,a Final IS/ND
incorporating public and agency comments.
The :final environmental document will be
submitted concUrrently with/he Final Housing
Element.
Staff Meetings
One'meeting with City staff to scope
'environmental. --issues (to be held
simultaneously .with. staff meeting on
Screen Check Draft Housing Element).
Deliverables
1. Screen Check Draft' IS/ND (one electronic
version and one reproducible version).'
2. Revised IS/ND for public circulation (one~
electronic versiOn' and one reproducible
version).
3.. Final IS/ND (one eie&ronic version and
one reproducible version).
5. MAPPING SERVICES
Parsons will provide the following mapping
services to the City of Saratoga:
a. Preparation of a General Plan Map
b. Preparation of a Zoning Map
c. Preparation of a Ground Movement
Pote~ntial Map with soil types
do
Preparation of a Utilities/Public Facilities
Overlay Map showing the location of
utilities, public facilities (fire,-schools,
sanitation), and up to three overlay zones
(such as equestrian and hazardous fire
zones)
For each map, Parsons will provide an
electronic original'suitable for printing and
reprodUction at the following sizes/formats: a)
current General Plan/Zoning maps or similar
size (42"'x 42"), b) 11" x 17", and c)
electronic format suitable for linking to the
City's web site.
The proposed budget aSsumes that the City
will provide a base map in Arc View or
comparable program that may be converted to
Arc View format with all property lines,
streets, natural features, and other, boundaries
accurately drawn and properly scaled. The
exact scope of work for each map will depend
on the amount of work previously completed
and the level of updating remaining.
City of'Saratoga Housing Element Update & Mapping Services
Housing Element Budget
Total Costs
TaSk Staffing Category Hourly Hours Labor Expenses (rounded up tc
Rates nearest $1,000)
1 Principal Technical Director $154.00 6 $ 924
Housing Needs Principal Planner $ 88.00 32 $ 2,816
Assessment Report Senior Planner $ 73.00 60 $ 4,380
Associate Planner $ 52.00 60 $ 3,120
Administrative Support $ 52.00 24 $ 1,232
subtotal 182 $12,472 $1,214 $13,700
2 Principal Technical Director $154.00 4~ $ 616
Housing Element Principal Planner $ 88.00 48 $ 4,224
Senior Planner $ 73.00 40 $ 2,920
Associate Planner $ 52.00 24 $ 1,248
Administrative Support $ 52.00 17 $ 905
subtotal 133 $ 9,913 $ 929 $10,900
3 Principal Technical Director $154.00 0 $ 0
Public Participation/ Principal Planner $ 88.00 48 $ 4,224
Staff Meetings Associate Planner $ 52.00 6 $ 312
Administrative Support $ 52.00 8 $ 421
subtotal 62 $ 4,957 $1,530 $ 6,500
4 Principal Planner $ 88.00 2 $ 176
CEQA Compliance Senior Planner $ 73.00 24 $ 1,752
(IS/ND) Administrative Support $ 52.00 4 $ 203
subtotal 30 $ 2,131 $ 204 $ 2,400
TOTAL -407 $29,473 $3,877 $33,500
Mapping Budget
Parsons will charge the City on a time and materials basis for mapping services, not to exceed
$10,000. Charges will'be based on the schedule of fees below. ~.
The proposed mapping budget assumes that the City will provide a base map in Arc View or
comparable program that may be converted to Arc View format' with all property lines, streets,
natural features, .and other boundaries accurately drawn and properly scaled. Printing and
reproduction costs are not-included. Should the City desire Parsons to handle printing and
'reproduction, a ten percent handling fee will be added to the actual printing/reproduction cost.
i 'City of Saratoga Housing Element Update & Mapping Services
Parsons Itar!and Bartholomew & Associates, Inc.
Schedule. of professional Rates
2000
- (Effective 4/1/00-3/31/01)
Applicable. t~o services furnished on a per-hour basis
ClaSsification
Hourly
Billing
Rate
Planner/Scientists
Planner/Scient!st, Associate'
Planner/Scientist
' Planner/Scientist, Senior
Planner/Scientist, Principal
Planner/Scientist,-Supervising
Engineers.
Engineer, Associate
Engineer I '
Engineer, Senibr
Engineer, Pr!nc~ipal
Engineer, Supervising
Project Managers/Technical Managers
Project Manager/Technical Director
Project Manag4r/Technical Director, Senior
Project Manag ~er/Technical Director, Principal
· Technical and Support Specialists
SpecialistI
Specialist II
Senior SPecialiSt I
Seniol: Specialigt II
Senior SpecialiSt III
Supervising Specialist
$ 52.00
$ 61.00
$ 73.00
$ 88.00
$111.00
58.00
70.00
83.00
100.00
18.00
$1.14.00
$128.00
$154.00
$ 31.00
$ 36.00
$ 39.00
$ 45.00
$ 56.00
$ 62.00
$ 71.00
Engineer and Scientist classifications may embrace other disciplines.
All other out-of-pocl~et costs are reimbursable at direct cost plus 10 percent.
Subcontractors are billed at direct cost plus 10 percent.
I Mileage is billed at IRS rate.
· . '(currently $0.32.5 per mile)
Please no,,te: Rates 'are subject to change annually.
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION. City shall pay Contractor an amount not to exceed the
total sum of Forty-three thousand f±ve hundred ($ 43,500 ) for work to be
performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated
above shall be the total which City shall pay for the work product to be provided by Contractor
· pursuant to this Agreement.
2. INVOICES. Contractor shall submit invoices, not more often than once a month during
the term of this Agreement, based on the cost for work performed and reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following information:
ao
Serial identifications of bills, i.e., Bill No. 1;
The beginning and ending dates of the billing period;
a summary containing the total contract amount, the amount of prior billings, the
total due this period, and the remaining balance available for all remaining billing
periods.
3. MONTHLY PAYMENTS. Within 30 days of receipt of each invoice, City shall make
payments, based on such invoice, for satisfactory progress in comPletion of the Scope of Work,
and for authorized reimbursable expenses incurred.
4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurre;:l by Contractor except as specified in Exhibit A to this Agreement.
Exhibit B
Last printed 07/06/2000 11:05 AM
P:\SARATOGA\Contracts~arsons Exhibit B.doc
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EXHIBIT C
.FACILITIES AND EQUIPMENT
- City shall fumish EhysiCal facilities such as desks, filing cabinets, and conference
· ' space, as may be reasonably necessary for Contractor's use while consulting with City employees
: d reviewing records and the lnf6rmatlon in-possession of City. The location, quantity, and
time of furnishing said physical fdcilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any f~/clhty' which may involve incurring any direct expense,
-including; but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, :,and reproduction facilities. Contractor shall not use such
services, premiSes, facilities, suppiies or equipment for any purpOse other than in the
performance of Contractor s oblig ~ations under this Agreement.
I-
Exhibit C
Last printed 7/13/00 4:29 PM. '.
- O:\CONTRACT~STANDARD CONTRACT Ex. c: (5-25-00).DOC
Page 1 of 1
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City.
Contractor shall complete the Scope of Work hereunder in accordance with currently
approved methods and practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from Contractor
pursuant to this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no
relationship of employer and employee is created by this Agreement between the City
and Contractor or any subcontractor or. employee of Contractor. Nothing contained in
this Agreement shall be construed as limiting the right of Contractor to engage in
Contractor's profession separate and apart from this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the obligations set forth
in this Agreement. Interference or conflict will be determined at the sole discretion .of the
City.
2. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work
required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Contractor is engaged in
the geographical area in which Contractor practices its profession. All work product of
whatsoever nature.which Contractor delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and conform to the
'standards of quality normally observed by a person practicing in Contractor's profession'..
3. TIME. Contractor shall devote such'time to the Scope of Work pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Contractor's
obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT. Except as City may specifY in writing, Contractor shall
have no aUthOrity, express or implied, to act on behalf of City in any capacity whatsoever
as an agent. Contractor shall have no authority, exPress or implied, pursuant to this
Agreement to bind City to any obligation whatsoever.
5. BENEFITS AND TAXES. Contractor shall not have any claim under this 'Agreement or
otherwise against City for seniority, vacation time, vacation pay, Sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security; disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state incOme taxes, and in connection
therewith Contractor shall indemnifY and hold City harmless from any and all liability
that City may incur because of Contractor'.s failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED. No party to this Agreement mayassign any right or
Exhibit D
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Page 1 of 8
obliga_tionpursuant to thiS~ Agreement. Any attempted or purported assignment of any
- right or obligation pursuaflt to this Agreement shall be void and of no effect. However,
_.'.with the consent of the Cl,ty-g~ven in writing, Contractor is entitled to subcontract such
portions of the work to belperformed under this Agreement as may be specified·by City.
7.' PERSONNEL.'" -
· a. QualificatiOns., Contractor shall assign only competent personnel to complete the
Scope of Work Pursuantto this Agreement. In the event that City, in its sole
.- discretion,.'fit any time during the term of this Agreement, desires the removal of
.- any such persons, ~Contractor shall, immediately upon receiving notice from city
Of such desire Of C~ity, cause. ..the: removal of such person or persons.
b. EmploYment Eligibility. Contractor shall ensure that all employees of
Contractor and 'an ~
-- y~ ~ubcontractor retained by COntractor in connection with this
-..Agreement have p/'ovided the necessary documentation to establish identity and
employment ehglb~hty as required by the Immigration Reform and Control Act of
.-. 1986. Failure to pr~ovide the necessary documentation will result in the
termination of the Agreement as required by the Immigration Reform and Control
Act of 1986.
8. CONFLICT OF INTEREST.
a. In General. Contractor represents and warrants that, to the best of the
Co
Contractor's know!edge and belief, there are no relevant facts or circumstances
which could giVe Ose to a conflict of interest on the part of Contractor, or that the
Contractor has. already disclosed all such relevant information.
Subsequent Conflict. of Interest, Contractor agrees that if an actual or potential
conflict of interest !on the part of Contractor is discovered after award, the
Contractor will make a full disclosure in writing to the City. This disclosure shall
include a descripti6n of actions which the Contractor has taken or proposes to
take, after consulta~tion with the Ci'ty to avoid, mitigate, or neutralize the actual or
potential conflict: Within 45 days, the Contractor shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City~
Interests of City OffiCers and Staff. No officer, member or employee of City
and no member ofihe City Council shall have anY pecuniary interest, direct or
- indi. rect, inthis Agf."eement or the proce~eds thereof. Neither Contractor nor any
member of any Cohtractor's family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
recommends; or supervises Contractor's operations or authorizes funding to
Contractor.
·-'Exhibit D
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Page 2 of 8
9. COMPLIANCE WITH LAWS.
ao
In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by City and shall comply with the common law
and all laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies) applicable to the
performance of the Scope of Work hereunder, including, but not limited to, all
Provisions of the Occupational Safety and Health Act of 1979 as amended.
Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifiCations and approvals of whatsoever nature which are
legally required-for Contractor to practice its profession. Contractor represents
and warrants to City that Contractor shall, at its sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Contractor to practice its profession. In
addition to the foregoing, Contractor shall obtain and maintain during the term
hereof a valid City of Saratoga Business License.
Funding Agency Requirements. To the extent that this Agreement may be
funded by fiscal assistance from another entity, Contractor shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal
assistance program.
Drug-free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a drug-free
workplace. Neither Contractor nor Contractor's employees and subcontractors
shall unlawfully manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite used in any
manner in connection with performing services pursuant to this Agreement. If
Contractor or any employee or subcontractor of Contractor is convicted or pleads
nolo contendere to a criminal drug statute violation occurring at such a.facility,
premises, or worksite, the Contractor, within five days thereafter, shall notify the
City.
eo
Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and, other laws prohibiting
· discrimination and that no person shall, on the grounds of race, creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam era
veteran's status, political affiliation, or any other non-merit factors be excluded
from participating in, be denied the benefits of, or be otherwise subjected to
discrimination under this Agreement.
Exhibit D
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Page 3 of 8
10.'DOCUMENTS AND 'RE~oRDs.
' Property of City: All reports, data, maps, models, charts, studiesl surveys,
photographs, me .m, oranda or Other written documents or materials prepared by
Con-tractOr pur_suaot to this Agreement shall become the property of City upon
completion 0fthe Fork to be performed hereunder or upon termination of this
Agreement.
Retention of RecOrds. Until the expiration of five Years after-the fumishing of
{ -
any services pursuit to this Agreement, Contractor shall retain and make
~ available to the City or any party designated by the City, upon written request by
City, this Agreement, and such books, documents and records of Contractor (and
any books, documents, and records of any subcontractor(s)) that are necessary or
convenient for audit purposes to certify the nature and extent of the reasonable
cost of services to iCity.
Use Of Recycled Products. Contractor shall prepare and submit all repc~rts,
written studies and other printed material on recycled paper to the extent it is
available at equal
Professional Seal.I Where applicable in the determination of the contract
~idministrator; the ~rst page of a technical report, first page of design
specifications, and'~each page of construction drawings shall be stamped/sealed
and signed by the llmensed professional responsible for the report/design
-preparation. The s~amp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility" as per the sample
'.below.
Co
do'
Seal
~nd.Signamre of Registered Professional
lwith report/design responsibility.
11. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information
received from .City in the ~ourse of pe.rforming this Agreement in trust.and confidence
and will' not reveal ' '. '
such confidentml information to any person or entity, either during the
term of the Agreement or fit any time thereafter. Upon expiration of this Agreement, or.
termination as provided he,'rein, Contractor shall remm materials which contain any
· confidential information to~.-City. Contractor may keep one copy for its confidential file.
For purpo, ses of this para~aph, confidential information is defined as all information
Exhibit D
P:\SARATOGA\ContraCtsXParsons Exhibit D.doc
· Last printed 07/06/2000 1 l:38AM
Page 4 of 8
12.
13.
disclosed to Contractor which relates to City's past, present, and future activities, as well
as activities under this Agreement, which:information is not otherwise of public record
under California law.
RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the
work, shall bear all losses and damages directly or indirectly resulting to Contractor, to
any subcontractor, to the City, to City officers and employees, or to parties designated by
the City, on account of the performance or character of the work, unforeseen difficulties,
accidents, occurrences or other causes predicated on active or passive negligence of the
Contractor or of any subcontractor.
INDEMNIFICATION. Contractor and City agree that City, its employees, agents and
officials shall, to the fullest extent permitted by law, be fully protected from any loss,'
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense
costs, court costs or any othercost arising out of or in any way related to the negligent
acts, errors or omissions, or willful misconduct of the Contractor or conduct for which the
law imposes strict liability on the Contractor in the performance Or failure to perform this
Agreement. Accordingly, the provisions'of this indemnity provision are intended by the
parties t° be interpreted and construed to provide the fullest protection possible under the
law to the City. Contractor acknowledges that City would not enter into this agreement
in the absence of the commitment of Contractor to indemnify and protect City as set forth
below..
ao
Indemnity. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold harmless City, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind
whatsoever without restriction or limitation, incurred in relation to, as a
consequence of Or arising out of or in any way attributable actually, allegedly or
impliedly, to the negligent acts, errors or omissions, or willful misconduct of the
Contractor or conduct for which the law imposes strict liability on the Contractor
in the performance or failure to perform this Agreement. All obligations under
this provision are to be paid by Contractor as theY are incurred by the City.
-Limitation on Indemnity. Without affecting the rights of City under any
provision of this agreement or this section, Contractor shall not be required to
indemnify and hold harmless City as set forth above for liability attributable to the
fault of City, provided such fault is determined by agreement between the parties
or the findings of-a court of competent jurisdiction. This exception will apply
only. in instances where and' only to the extent that the City is shown to have been
at fault.
c. Scope of Contractor Obligation. The obligations of Contractor under this or.any
other provision of this Agreement will not be limited by the provisions of any
Exhibit D '
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Page 5 of 8
~' -i'i' workers'- compensa, tion'act Or similar act. Contractor expressly waives its
_ ., "statutory immuni~ under such gtatutes or laws as to City, its'employees and
Officials:. _ . .}
d. SUbcontract°rs. contractor agrees to obtain executed indemnity agreements
_ with provisions identical to those set forth here in this section from each and
every'subcontractor, subtler contractor or any other person or entity involved by,
for, with Or on b.e_h~alf of Contractor in the performance or subject matter of this
,- Agreement. In thelevent Contractor fails to obtain such indemnity obligations
from others as reqqired here, Contractor agrees to be fully responsible according
to the terms of this! section.
e. In General. Failure of City to monitor compliance with these requirements
- imposes no additiohal obligations on City and will in'no way act as a waiver of
any fights '
hereunder. This obligation to indemnify' and defend City as set forth
herein is binding.o~! the successors, assigns, or heirs'of Contractor and shall
survive the termina~tion of·this agreement or this section. For purposes ·of Section
· 2782 of the Civil Code the parties hereto recognize and agree that this Agreement
is not a constmcfiotn contract. By execution of this Agreement, Contractor
acknowledges
and ~agrees that it has read and understands the provisions, hereof
andthat this paragraph is a.material element of consideration. City approval of
the insurance contrhcts, required by this Agreement does not relieve the Contractor
ot subconti'actors ~om liability ·under this paragraph.
· IRE[MENTs
14. INSURANCE REQU COntractor shall procure and maintain for the
·
duration of the contract insurance as set forth in Exhibit E. The cost of such insurance
shall be included in the Co~ntractor's bid.
15. DEFAULT AND'REMEDIES.
: a. Events'of.default.] Each of the following shall constitute an event of default
'hereunder: [.
!-
., 1. Failure to p~rform any.0bligation under this Agreement and failure to cure
' such breach immediately upon receiving notice of such breach, if the
breach is s~ch that the City determines the health, welfare, or safety of the'
. public is lmme&ately endangered; or
2.' Failure to p~rform any obligation under this Agreement and failure to cure
such breach within fifteen (15) days Of receiving notice of such breach, if
the brea~h i'~ such that the City determines that the health, welfare, or
safety of th~ Public i-s not immediately endangered, provided that if the
nature of th~ breach is such that the City determines it will reasonably
- · require mo{e than fifteen (15)days to cure, Contractor shall not be in
Exhibit D ·.-
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Page 6 of 8
default if Contractor promptly commences the cure and diligently
proceeds to completion of the cure.
Remedies upon default. Upon any Contractor default, City shall have the right
to immediately suspend or terminate the Agreement, seek specific performance,
contract with another party to perform this Agreement and/or seek damages
including incidental, consequential and/or special damages to the full extent
allowed by law.
No Waiver. Failure .by City to seek any remedy for any default hereunder shall
not constitute a waiver of anY other rights hereunder or any right to seek any
remedy for any subsequent default.
16. TERMINATION. Either party may terminate this Agreement with Or without cause by
providing 10 days notice in writing to the other party. The City may terminate this
Agreement at any time without prior notice in the event that Contractor commits a
material breach of the terms of this Agreement. Upon termination, this Agreement shall
become of no further force or effect whatsoever and each of the parties hereto shall be
relieved and discharged herefrom, subject to payment for acceptable services rendered
prior to the expiration of the notice of termination. Notwithstanding the 'foregoing, the
.provisions of this Agreement concerning retention of records, City's rights to material
produced, ~confidential information, contractor's responsibility, indemnification,
insurance, dispute resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17.
DISPUTE RESOLUTION. 'The parties shall make a good faith effort to sefde anY
dispute or claim arising under this Agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to nonbinding mediation in California at shared expense
of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys fees.
18. LITIGATION. If any litigation is commenced between parties to'this Agreement
conceming any provision hereof or the rights and duties of any.person in relation.thereto,
each party shall bear its own attorneys' fees and costs.
19. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and
interpreted under the laws of the State of California. Jurisdiction of litigation arising
from this Agreement shall be in that state and venue shall be in Santa Clara County,
California. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null and void insofar as it conflicts with Said laws, but the
.'remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
Exhibit D
· P:\SARATOGA\Contracts~Parsons Exhibit D.do¢
Last printed 07/06/2000 11:38 AM
Page 7 of 8
representatiOn, implication, br understanding that the City will request that work product
provided.by ContraCtor un, der this Agreement be supplemented or continued by
Contractor under a new a~eement following expiration or termination of this Agreement.
Contractor waives all fights or'claims to notice or hearing respecting any failure by City
to .continue to request or retain all or any portion of the work product from Contractor
folio.wing the expiration 0r termination of this Agreement.-
21. PARTIES IN INTEREsTI This Agreement is entered only for the benefit of the parties
executing this Agreement iand not for the benefit of any other individual,' entity or person.
22. 'wAIVER. Neither the acceptance of work or paYment for work pursuant to this
Agreement shall conStitut~ a waiver of any fights or obligations arising under this
Agreement. The failure by the City to enforce any of Contractor's obligations or to
exercise' City's fights shalli in no event be deemed a waiver of the fight to do so thereafter.
.... Exhibit :D
P:\SARATOGA\ContractsXParsons E~hibit D.doc '
-Last printed 07/06/2000 11:38 NM ' '
Page 8 of 8-
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those which have an "X" indicated in
the 'space before the requirement apply to Contractor's Agreement (ignore any not checked).
Contractor shall provide its insurance brokei'(s)/agent(s) with a copy of these requirements and
request that they provide Certificates of Insurance complete with copies of all required
endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, CA 95070.
Contractor shall furnish City with copies of original endorsements affecting coverage required by
this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. 'All endorsements and certificates are to be received and approved by City
before work'commences. City has the right to require Contractor's insurer to provide complete,
certified copies of all required insurance policies, including endorsements affecting the cOverage
required by these specifications.
-X
Commercial General/Business Liability Insurance with coverage as indicated:
X $1,000,000 per occurrence/S2,000,000 aggregate limits for bodily injury and
property damage
$ per Occurrence bodily injury/$ per occurrence
property damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
If the.standard ISO Form wording for "OTHER INSURANCE", or other
comparable wording, is not contained in Contractor's liability insurance policy, an
endorsement must be provided that said insurance will be primary insurance and
any insurance or self-insurance maintained by City, its officers, employees, agents
or volunteers shall be in excess of Contractor's insurance and shall not contribute
to it.
X
Auto Liability Insurance' with coverage as indicated:
X
$1,000,000 combined single limit for bodily injury and property damage
. $ · ' per person/$ per accident for bodily injury
$ . per occurrence for property damage
$ 500,000 combined single limit for bodily injury and property damage
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven.
Exhibit E
Last printed 07/06/2000 11:41 AM
P:\SARATOGA\Contracts~Parsons Exhibit E.doc
Page 1 of 3
X
Professional/Errors and omissions Liability with coverage as indicated:
X $1-,000;000 per loss/$2,000,000 aggregate
:$5,000,000 per loss/$5,000,000 aggregate
· Contractor must maintain Professional/Errors & Omissions Liability coverage for a period
of three years after the expiration of this Agreement. Contractor may satisfy this
requirement' by renewal of existing coverage or purchase of either prior acts or tail
coverage applicable to said three year period.
' Workers:' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability ~
~
-' The Employer's Liability policy shall be endorsed to waive any right of subrogation as
respects the City, its .employees or agents.
-The Contractor makes the following certification, required' by section 1861 of the California
Labor Code:
X
I am aware of the provisions of Section 3700 of the Labor Code which require
every emPloyer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions ofthat'code, and I will
Comply with such provisions before commencing the performance of the work of
this contract
Additional Insured Endorsement(s) for Commercial General/Business Liability coverage
designating the City of Saratoga, its officers, emPloyees and agents as additional insured,
but only to the extent of contractor's negligence, fault, or strict liability.
· (NOTE: additional, insured langUage on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10)
.The Certificate of insurance MUST provide 30 days notice of cancellation, (10 days
notice for non-payment of premium). NOTE: the following words must be crossed out or
deleted from the standard-cancellation clause: "... endeavor to..." AND "... but failure
to mail such notice Shall impose no obligation or liability of any kind upon the company,
its agents or representatives."
All sUbcOntractors Used must Comply with the above requirements excePt as noted below:
Exhibit E.
Last pi'inted 07/06/2000 11:41 AM
P:\SARATOGA\ContractskParsons Exhibit E.d°c
Page 2 of 3
As to ali of the checked insurance requirements above, the following shall apply:
ao
bo.
co
do
Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions'must be declared to and approved by the City. At the option of the
City, either (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees; or
(2) the Contractor shall procure a bond guaranteeing payment of losses and related
· investigations, claim administration and defense expenses.
City as Additional Insured. The Ciiy, its officers, officials, employees and
volunteers are to be covered as additional insureds as respects: liability arising
out of activities performed negligently by the Contractor; products and completed
opei:ations of the Contractor, premises owned, occupied or used by the Contractor,
or.automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of the protection afforded to the
City, its officers, officials, employees or volunteers.
Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
· 1~ 'Any failure to comply with reporting provisions of the policies
shall not affedt coverage provided to the City, its officers, officials,
employees or volunteers.
2: The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability. "
" 3. Coverage shall not be suspended, Voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior.
written notice by certified mail, return receipt requested, has been
given to the City.
Insurance is to be placed with insurers with a Bests'
Acceptability of Insurers.
rating Of no less than A:VII.
Ify°u have any general questions please call Mary Jo Walker, Administrative Services Director
at 408/868-1200. ''
Exhibit E
Last printed 07/06/2000 11:4 i AM
P:\SARATOGA\Contracts\Parsons Exhibit E.doc
Page 3 of 3
.proposal
Submitt~cl to the.
· CitY of Saratoga
for the
-General. 'Plan Housing
El.ement Update
City of Saratoga Housing Element Update
OUTLINE OF Pt OPOSED WOrK PLAN
This work plan assumes the project will
begin July 1~ 2000 and require
approximately seven months from 'the date
of the intial staff meeting to the adoption of
the Housing Element. The target adoption
date is the City Council's first meeting in
Februar~v 2001. This date may change, at
· the City's option, if there is a need for
longer review and consideration of the
consultant's work.
Preparation. circulation, and certifications of
the IS/ND would occur concurrently with
the update to the Housing Element. Scoping
of issues for the environmental review could
occur' once a Screen Check Draft Housing
Element has been prepared.' A Public
Review Draft of the IS/ND can be circulated
during HCD review' of the Housing Element.
A Final IS/ND can be prepared after the
close of. the 30-day comment period.
approximiately the same time that HCD
comments are received and the Final
Housing Element prepared.
The project schedule includes recommended
timeframes for staff meetings, a public
workshop, and public hearings. Parsons has
scheduled and budgeted for five meetings
with City staff at key points during the
Housing Element Update and attendance at
four public hearings (two Planning
Commission and two _City Council).
Parsons will invoice the City monthly to
correspond with the completion of tasks
and/or progress on deiiverables.
Outline of P;°Po$~d Work Plan 2-1
City of Saratoga Housing Element Update
QUALIFICATiONS
A. Firm Location
Parsons Harland Bartholomew &
Associates. Inc. (Parsons HBA) is the
planning division of the Parsons
Corporation, a Pasadena-based international
engineering, environmental, and planning
firm. The planning division has over 70
employees located in offices throughout the
world. In California. planning division staff
are located in Pasadena, Sacramento, and
Santa Rosa. Parsons is 100% .employee-
owned firm.'
'The. following· staff members will
. as.signed to the Housing Element Update:
Jeff Goldman, AICP, Project Manager
Frank Wein. FAICP, Technical Director
David Giudice, Senior Planner
Vaidas Sekas, Associate Planner
Parsons HBA
2233 Watt Avenue. Suite 330
Sacramento. CA 95825
(916) 483-0481
(916) 483-3364 (fax)
E-mail:
Jeff. Goldn~an:~'~,parso~.~s.con~ ·
Frank. Wein,"/~parsons.com
Dave. G uidice"i~.:parsons.com
· Vaidas. Sekas. r?parsons.com
be
Be'
Roles of Staff
Members
.Parsons will commit the time of four staff
members to ensure that the Housing Element
will be completed in a timely manner and
-will meet the City's objectives (see Section
2 tbr the p?oposed schedule). Resumes are
included in Appendix A.
· Jeff Goldman, AICP, will serve as the
Project Manager, directly supeiWise all
work. prepare the updated Housing
Element. and attend public meetings and
hearings.
· Frank Wein, FAICP, ~vill serve as the
Technical Director. He will review' all
deliverables prior to submission to the
City for compliance with the scope of
work and state' law.
· Dave Giudice will serve as deputy
project'manager, prepare the Housing
Needs Assessment report, and document
City achievements under the 1984
Housing Element..
· Vaidas Sekas xvill assist in collecting
and analyzing data for the Housing
Needs Assessment. Housing Element
and IS/ND.
C. Staff Qualifications
Jeff Goldman, AI(~P. Principal Planner
& Project Manager
Mr. Goldman will direct research work.
prepare deliverables~ described in this
proposal, direct the housing conditions
survev.'and interact with City staff. He has
20 vears of experience in community
planning, with an emphasis on housing and
community development issues, grant
writing, and implementation of housing,
public works, and economic development
grant programs. 'Previous experience
includes preparation of general plans.
housing elements of general plans, and
specific/neighborhood plans; evaluation and
revision of zoning and development permit
Qualifications 3-
1
procedures; fin~incial feasibility and pro-
f0rma analysis of development projects: and
preparation of Over $50 million in successful
.grant .applications..
Frank Wein, FAICP - Principal ·
Technical .Director
-Mr. 'Wein' is an'urban and environmental
plaimer with more than 23 .years of
experience, in the design and preparation of
general plans, redevelopment plans, specific
plans, and environmental impact
assessments. He has.. held positions with
local and regional .agencies 'as well as with
private firms..- His familiarity with
California's general Plan 'law,. prof~essio, na1
experience, and past positions as President
of the California Chapter of the APA
provides Mi-. Wein with the. ability to
identilS' pli/nning issues of importance to
local agencies and developers-. Mr. Wein
will provide overall technical direction .for
the proj'ect and review all work products.
Dave Giudice SeniOr. planner ..
Mr. O!.udi¢e' 'has a diverse background irt
city and regional plannirtg.' He has
D. Relevant Experience
1. HOUSING ELEMENT EXPERIENCE
Parsons'. staff has extensive experienc, e in
the preparation' of housing element uPdates.
The .tbllowing is'a ligt of current, and former
clients i'some' prepared by. staff prior to
joining .Parsons).. Together,'- Frank Wein,
Tedhnical Director.. and Jeff' Goldman.
P?oject Manager.' have prepared over 50
hous{ng element 'updates
Auburn*
Butte County
Carlsbad ..
Ceres
Colfax
and related studies
Davis· ·
Del Mar
-Duarte
Emeryvil!e.
Fairfie!d.
Qualifications
City of Saratoga Housing Element Update
experience in the preparation of
environmental impact repons and general
plan sections. He also has experience on
CEQA/NEPA environmental documentation
and large scale project scheduling, database
management.' and overall large project
coordination. Mr. Giudice recently assisted
in the preparation of the City of Redlands
Housing Element.
Vaidas Sekas- Associate Planner
Mr. Sekas is an urban, regional.
environmental planner experienced in the
preparation of county/staie .master plans,
municipal/county general and specific plans.
redevelopment plans and environmental
impact reports, and other planning
documents, i.e.. land-use surveys, housing
studies, zoning up-dates, demographic and
socio-economic data collection and
interpretation. Preparation of Geographic
Information System (GIS). databases and
maps. He has assisted in data collection and
analysis for the San Bernardino. Redlands.
Laguna Niguel. and Sierra. Madre housing
elements.
throughout California. Highlighted in the
table on the following pages, are select
updates prepared by the proposed team. as
well as other recent projects by Parsons'
staff.
Fort Bragg Laguna Niguel*+
Foster City Los Altos Hills
Hemet* Malibu*
Hughs0n Marysville
Lakeport Maywood
3.2
City of Saratoga Housing Element Update
Monrovia*+ Portervil!e Santa Clarita Stanislaus Cntv.*
Moorpark Reddmg Santa Maria Suisun City
Moraga*+ Redlands*+ Santa Rosa West Sacramento
Newport Beach Roseville Shasta County Whittier
Patmdale San Bernardino;~+ Sierra Madre*~- Yolo Counu.'
Paradise San Berdo. Cntv. Signal Hill Yuba Count,,'
Petaluma San Joaqtfin Sonoma County Yucaipa
*Prepared by Parsons staffsince 1992. + in progress
2. DETAILED DESCRIPTION OF
RELEVANT EXPERIENCE
The following table is a partial list of
housing elements Parsons has prepared over
the past ten years or is in the process of
preparing. Key issues that were the focus of
these housing elements are listed below'.
This table includes a representative sample
with respect to community location, issues,
character, and size. We have included
several housing elements found not to be in
compliance with state law by HCD primarily
due to regulator2v.'/pplicy issues that were
beyond the control of Parsons.
Housing Elements in Process
Jurisdiction Issues
Laguna t',liguel Housing Element
Status: In progress
Je'ff Goldman, Project Manager
(Newport Beach prepared prior to joining Parsons)
Robert Lenard
Community Development Director
L;~guna Niguel (formerly Newport Beach)
(949) 362-4360
Moraga General Plan (Incl. Housing Element)
Status: In progress
Jeff Goldman, Project Manager (Housing Element)
David Driskell
Baird+Driskell (510) 652-3111
Jay Tashiro
Town of Moraga. (925) 376-5200
Hemet Housing Needs Assessment
Status: Completed May 2000
Jeff Goldman, Project Manager
Barry Hogan
Deputy Planning Director
(909) 765-2381
· High cost coastal community
· Few sites feasible for affordable housing
· Large stock of affordable housing and inclusionary units
have converted to market-rate housing
· Large land holdings by Irvine Company
· Most vacant land covered by specific plans or vested
maps (Laguna Niguel)
· Small Bay Area community with little vacant land
· Extremely high housing and land prices
· Mostlysingle-family homes
· Hillside and other environmental constraints
· Sizable senior population with special need§
· Improvement in quality of residential development
· Improvement of substandard housing
· High percentage of Iow-income households
· Large senior/retirement community
· Substantialseasonalp0pulation
Qualifications 3.3
City of Saratoga Housing Element Update
.San Bernardino Housing Element/Consolidated Plan
Status: Ih progress
' Jeff Goldman, Project Manager'
Joe Bellandi. Senior Planner ' .
· . (909) 384-5057 .
Eedlands Housing Element
Status: In progress.
_Jeff Goldman, Project Manager
John 'Jaquess, SeniOr Planner
(909) 798-7555
San Dimas. Housing Element
Status: In progress
Jeff Goldman. Project Manager
Jeff Anderson, Associate Planner
(909) 394-6254 '
' Housing Elements Pre
Duarte General Plan (Incl. Housing Element)
Status: Adopted 1993; in compliance
Frank Weini'Project Manager
(prepared prior to joining Parsons)
EdCox
Community Development Director
(626) 357-7931
Butte County Housing ,Element
Status: Adopted 1993;-not in compliance
Jeff Goldman, Project Manager
Brian Larsen, Butte County Development Services Department
(530) 538-7601 ' · -
Yolo County Housing Element
Status: Adopted 1992; not in compliance'
Jeff Goldman, Project Manager -~
(prepared 'prior to joining Parsons)
John Bencomo. CurrenrPlanning Director
(530) 666-8020 .
Robert MacNicholl (Planning Director in 1992)
(530) 661-5820
Suisun City HoUsing Element
Status: Adopted 1994; in compliance
Jeff Goldman, Proiect Manager
Barn/Munowitd~. COmmunity Development Director (707) 421-7335
Qualifications
· Older central city in San Bernardino County
· Majority of the housing stock is 40 years old or more
· Majority of residents are Iow-income
· Preservation of existing neighborhoods and deteriorated
housing
· High incidence of HUD repossessed homes and single
family vacancies
· High percentage of single family rentals
· Suburban community with a mixture of older, historic
· single family neighborhoods, apartments, senior housing,
and newer, expensive single family homes
· Voter-adopted growth management initiatives
· Preservation of existing affordable housing
· Accommodation of affordable housing within the growth
management process
· Suburban community with a mixture of older, historic
single family, senior housing, and newer, expensive
' single family homes
· Infill'lots and hillside parcels are only remaining vacant
sites
· Preservation of existing affordable housing
· Accommodation of affordable housing in cpmmercial
mixed use areas
)ared During the 1990s
·. Most remaining vacant land located on hillsides and other
environmentally constrained areas
· Potential for mixed-use, infill, and redevelopment
· Older neighborhoods in need of upgrading
· Rapidly.growing suburban community with substantial
Iow-income population-
- Large stock of deteriorated housing in older
neighborhoods
· . Implementation Of design standards to ensure high
quality of newer development.
,3-4
Urbanizing rural county with several small, mostly Iow-
income unincorporated communities
Lack of infrastructure in most unincorporated areas
limited development potential and available sites. Few
unincorporated communities had sites zoned for
multifamily housing (primary reason for HCD finding of
non-compliance)
Urbanizing rural county with significant second home and
retirement communities
Lack of infrastructure in most unincorporated areas
limited development potential and available sites. Few
unincorporated communities had sites zoned for
multifamily housing. (primary reason for HCD finding of
non-compliance)
City of Saratoga Housing Element Update
4. PUBLIC OUTREACH EXPERIENCE
Parsons 'specializes in complex and
controversial projects that involve multiple
stakeholders, agencies, technical issues, and
extensive public outreach and
communication. While the .Housing
Element is not expected to be. as complex
and controversial as a comprehensive
general plan update 6r a major development
project, public outreach is none-the-less
important. The tbllowing table provides
examples -of Parsons' public
communications experience in relation to
housing elements and other consulting
assignments. These projects were selected
as examples because they involved more
than the minimum Planning Commission
and City Council public hearings.
JuriSdiction Project Type Type of pUblic Outreach
~ Communication
City of Ceres Housing Element Advisory committee comprised of residents.
housing advocacy groups, and bui!ding industry
representatives.
City of Folsom General Plan, including Public participation ini:tudeO worksinops for the
Housing Element general public to scope key issues for updating
the General Plan and for the consultants to share
and explain the results and conclusions of data
collection for the Plan.
Yolo. County Housing Element Monthly meetings with the County's Housing and
Community Development Advisory Committee
(HACDAC) (comprised of representatives of local
communities, housing advocacy.groups, local
builders, and the finance/real estate industries).
.. HACDAC meetings were advertised to the general -
public and used as the forum for public input and
I comments dunng preparation of the Housing
· Element.
County of Ventura Environmental Impact Report The project included a public workshop/open
on a water project house with informational video, display boards,
and booths with technical experts. A database
and planning tool was developed to identify
individual and organizational stakeholders and
I their interests in the project.
Suisun City General Plan Update, Including I Public participation included public workshops for
Housing Element I each General Plan element being updated, to
scope kev issues.
',
Nevada County General Plan General Plan Update, Including I Citizen Participation Program included a 25-member
Housing Element f Citizen Steenng Committee, and over 500 citizens
on a dozen technical/advisory committees. A
newsletter, two all-day:planning Fairs. and a
, concentrated outreaci~ program with community
meetings in several different locations were other
means used in a comprehensive program to i0form
I . and involve the residents of Nevada County.
Qualifications
3-5
HO'USING/COMMUNITY
-DEVELOPMENT PROGRAMS
Jeff Goldman was the consulting prOject
manager in charge of administering housing.
and community, development grant ~ograms
for the following clients prior to joining
City of Saratoga Housing Element Update
Parsons. Programs included federal, state.
and local funded programs for housing
rehabilitation, new housing construction.
public works in · support of housing.
infrastructure, and economic development
pr. ograms.
Benicia-
Butte County.
Calaveras County
Ceres
E1 Dorado County
· Gait ..
Marysville
Monterey County.
Patterson
Rio Vista
Rocklin
Sutter County
West Sacramento
Williams
Winters
Yolo County
Yuba CounD'
Oua]ificaiion$'.
,1-6
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARy NO:
MEETING DATE: July 19, 2000
ORIGINATING DEPT: Community Development
AGENDA ITEM: 3~'---~
CITY MANAGER: ~ _~~.~(~---~
SUBJECT: Award of contract to Robert Schubert, AICP for Planning Services.
RECOMMENDED MOTION:
Direct the City Manager to award the Planning Services contract to Robert Schubert,
AICP.
REPORT SUMMARY:
At the request of the Community Development Department Director, the City Council
included $65,000 for FY 00/01 to fund a Planning Services consultant to assist with the
review of development applications submitted to the City. The funds have been allocated
from development review fee revenue. The contract is for the summer months and
through September to help current staff with the large number of development
applications submitted during this busy period.
-Mr. Schubert has over 22 years of public sector planning experience in the Bay Area and
comes to Saratoga with excellent references. It is anticipated that he will work
approximately 20 hours per week. At $65 per hour, this puts the total contract
expenditure at under $20,000. Even if these hours are extended to assist with specific
long range planning assignments, we will remain well under what was set aside for this
service.
FISCAL IMPACTS:
Planning Services consultant funds have been included in the FY 00/01 budget.
Planning Services Contract
Page Two
ADVERTISING; NOTICING AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION:
Contract would not be awarded and Planning Services would not be provided.
FOLLOW UP ACTIONS:
None.
ATTACHMENTS:
1. Independent Contractor Agreement
2. Consultant Resume
PSPlanning'dames\CC Memos\Schubert Contract. doc
' ~. CITY' OF SARATOGA
STANDARD
· ~ INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT .is made at Saratoga, California by and between the CITY OF
sARATOGAi a municipal .corporation ("City"), and Robert Schubert, AICP
("ContraCtor"), who agree as fOllows:
- - RECITALS
'WHEREAS, City requires'the services of a qualified contractor to provide the work
product described in'Exhibit A of this .Agreement; and
WHEREASi 'City' !acks the qualified personnel to provide the specified work product'; and
'WHEREAS, Contractor i~ iduly, qualified to provide the required work product; and
WHEREAS, contractor is agreeable to providing such work product on the terms and
conditions hereinafter set forth.
i NOW THEREFORE; the pa~[ies hereto agree as follows:
1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in
this ~greement, Contractor shall Provide to City the work product described in Exhibit A
("Scope of Work"). Contractor is not authorized to undertake any efforts or incur, any
costs whatsoever under the terms of this Agreement until receipt of a fully executed
Purchase Order from the Finance DePartment of the City of Saratoga.
2. TERM. The term oi~this Agreement commences on August 1, 2000 and extends
through the completion of the project, unless it is extended by written mutual agreement
between, the parties, prouided that the parties retain the right to terminate this Agreement
a~ provided in Exhibit D at all times.
PAYMENT. ~City shall pay Contractor for work product produced pursuant to
this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The
payments specified in Exhibit B shall be the 0nly payments to be made to Contractor in
connection with Contractor's completion of the Scope of Work pursuant to this .
Agreement. Contractor shall .submit all billings to City in the manner specified in Exhibit
B; Or, if no manner is~ specified in Exhibit B, then according to the usual and customary
pr°cedures.and p~actices which Contractor uses for billing clients similar to City.
:' standard Independent ContractQr Agreement
'-' Last printed 7/i3/00 7:24 PM '
· P:~lanning~JameshMiscella~eous\Schubert Contract.doc
Page 1 of 4
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities
and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and
equipment, which may be required for completing the Scope of Work pursuant to this
Agreement. City shall furnish to Contractor only the facilities and equipment listed in
Exhibit C accoi'ding to the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the
general provisions set forth in Exhibit D ("General Provisions"). In the event of any
inconsistency between said general provisions and any other terms or conditions of this
Agreement, the other term or condition shall control insofar as it is inconsistent with the
General Provisions.
6. EXHIBITS. Ail exhibits referred to in this Agreement are attached hereto and
are by this reference incorporated herein and made a part of this Agreement.
7. CONTRACT ADMINISTRATION. This Agreement. shall be administered on
behalf of the City by Community Development Director James Walgren
("Administrator"). The Administrator has complete authority to receive information,
interpret and define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other communications
shall be directed to or through the Administrator or his or her designee.
8. NOTICESi All notices or communication concerning a partY's compliance with
the terms of this Agreement shall be in writing and may be given either personally, by
certified mail, return receipt requested, or by overnight express carrier. The notice shall
be deemed to have been given and received on the date delivered in person or the date
upon which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving Party. The Parties shall' make good faith
efforts to provide advance courtesy notice of any notices or communications hereunder
via telefacsimile. However, under no circumstances shall such courtegy notice satisfy the
notice requirements set forth above; nor shall lack of such courtesy notice affect the
validity of service pursuant to the notice requirement set forth above. Any Party hereto,
by giving ten (10) days Written notice to the other, may designate any other address as
substitution of the address to which the notice or communication shall be given. Notices
or communications shall be given to the Parties at the addresses set- forth below until
specified otherwise in writing:
Notices to Contractor shall be sent to:
Robert Schubert, AICP
213 Edinburgh Street
San Francisco, California 94112
Standard Independent Contractor Agreement
Last printed 7/13/00 6:56 PM
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.N0tices to City shall-be sentlto:
, ' James:Walgren; AICP
r 'City ofSarat6ga . .
13777 Fruitvale Avenue
Saratoga, CA.95070 '
...With ia copy (which copy shall not constitute notice) to:
City Clerk'
.. City of Saratoga
13777 Fruitvale.Ax~enue -
-' Saratoga~ CA 95070
9... ENTIRE AGREEMENT. This Agreement supersedes any and all agreements,
either oral:Or written, between the parties hereto with respect to Contractor's completiQn
of the ScOpe· Of Work. on behalf of Ciiy and contains all of the covenants and agreements
between the parties with resPect to the rendering of such services in any manner
whatsoever. Each party .to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party,
or anyone, acting on behalf of any party, which are not embodied herein, and that no other
agreement, statement or promise not contained in this Agreement shall be valid or
· binding. No amendm6nt, alteration, or variation of the terms of this Agreement shall be
valid-unless made in writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
'By:'
Date:
Print Name:
Position:
. CITY OF. SARATOGA, a municipal corporation
By:
· Name:.
Date:
Title:
Sfandard Independent· Contractor'Agreement
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APPROVED AS TO FORM:
By: Date:
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By: Date:
Administrative Services Director
.Attachments
Exhibit A -- ScoPe of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
Standard Independent Contractor Agreement
Last printed 7/13/00 6:56 PM
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Page 4 of 4
--. EXHIBIT A'
-- SCOPE OF WORK
ConiractOr Shall perform those services assigned to him by the Community Development
'Director. Said Services shall 'include, but are not limited to, assisting the City in processing
deVelopment revieTM applications; preParing reports to the Planning Commission; carrying out
the nec. es_sary relations withapplicants and the public in the review process; and providing
general assistance tothe C'ommunity Development Department. Consultant shall be responsible
for ail research and review relating to the work assignments.
Exhibit A
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O:\contra'Ct\Standard Contract Ex. A,(5-25-00).doc
Page 1 of 1
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION. City shall pay Contractor at a rate of $65.00/hour for
work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum
stated above shall be the total which City shall pay for the work product to be provided by
Contractor pursuant to this Agreement. '
2. INVOICES. Contractor shall submit invoices, not more often than once a month during
the term of this Agreement, based on the cost for work performed and reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of bills, i.e., Bill No. 1;
The beginning and ending dates of the billing Period;
a summary containing the total contract amount, the amount of prior billings, the
total due this period, and the-remaining balance available for all remaining billing
periods.
3. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices,
for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable
expenses incurred.
4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurred by Contractor except as specified in Exhibit A to this Agreement.
Exhibit B
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O:\Contract\Standard Contract Ex. B (5-25-00).doc
Page 1 of 1
..... , _. EXHIBIT C
-' ..... FACILITIES AND EQUIPMENT
.- City'Shall furnish physidal facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary 'for Contractor's use While consulting with City employees
and review, ing records and the information in possession of City. The location, quantity, and
~ime of fumishi.ng said phYsical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any fac!lity which may involve incurring any direct expense,
5ncluding, but not limiting the:generality of this exclusion, long-distance telephone or other
Communication Charges, vehicles: and'rep..rOduction facilities. Contractor shall not use such
'services, pren~ises; facilities, supplies or equipment for any purpose other than in the '
performance Of Contractor's obligations under this Agreement.
Exhibit-C- -'
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of City.
Contractor shall complete the Scope of Work hereunder in accordance with currently
approved methods and practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from Contractor
pursuant to this Agreement. City shall not have the right to control the means by which
Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no
relationship of employer and employee is created by this Agreement between the City
and Contractor or any subcontractor or employee of Contractor. Nothing contained in
this Agreement shall be construed as limiting the right of Contractor to engage in
Contractor's profession separate and apart fi.om this Agreement so long as such activities
do not interfere or conflict with the performance by Contractor of the obligations set forth
in this Agreement. Interference or conflict will be determined at the sole discretion of the
City:
2. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work
required pursuant to this Agreement in the manner and according-to the standards
observed by a competent practitioner of the profession in which Contractor is engaged in
the geographical area in which Contractor practices its profession. All work product of
whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and workmanlike manner and' conform to the
'gtandards of quality normally observed by a person practicing in Contracior's profession.
3. TIME. Contractor shall devote such time to the Scope of Work pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Contractor's
obligations pursuant tO this Agreement.
4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever
as an agent. Contractor shall have no authority, express or implied, pursuant to this
Agreement tO bind City to any obligation whatsoever.
5. BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, lick leave, personal time
.off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection
therewith Contractor shall indemnify and hold City harmless fi.om any and all liability
that .City may incur because of Contractor's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or
Exhibit D Page 1 of 8
P:\SARATOGA\Contracts\Parsons Exhibit D.doc
Last printed 07/06/2000 11:38 AM
_obligation pursuant to this Agreement. Any attempted or purported assignment of anY
right .or Obligation pursuant-to this Agreement shall be void and of no effect. However,
-With the consent of the City given in writing, Contractor is entitled to subcontract such
portions' 0fthe'workt6:be performed under this Agreement as may be specified by City.'
'7: - PERSONNEL..
Qualifications. Contractor shall ~ssign only competent personnel to complete the
Scope of work pursuant to this.Agreement. In the event that City, in its sole.
"discretion; at any time dUring the term of this .Agreement, desires the removal of
any such persons, Contractor shall, immediately upon-receiving notice from city
of such desire of City, cause the removal of such person or persons.
b.~ ·Employment Eligibility.' Contractor shall ensure that all employees of
Contractor and any subcontractor retained by Contractor in connection with this
. .Agreement have provided the necessary documentation to establish identity and
· employment eligibility as rgquired by the Immigration Reform and Control Act of
1986. Failure io provide the necessary documentation will result in the
termination'of the Agreement as required by the Immigration Reform and Control
Act of 1986.
CONFLICT OF INTEREST.
ao
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In General. ' contractor represents and warrants that, to the best of the
· Contractor's kn6wledge and belief, there are no relevant facts or circumstances
which could give rise to a conflict of interest.on the part of ContraCtor, or that the
Contractor has already disclosed all such relevant information.
Subsequent Conflict of Interest. Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the
ContractOr· will make a full-disclosure in writing to the City. This disclosure shall
include a description of actions which the Contractor has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
Potential conflict, Within 45 days, the Contractor shall have taken all necessary
steps tO avoid, mitigate, .or neutralize the conflict of interest to the satisfaction of
the City..-
Co
Interests of City OffiCers and Staff. No officer, member or employee of City
'and no member of the City Council shall have any pecuniary interest, direct or
· .indirect, in this. Agreement or the proceeds thereof. Neither Contractor nor any
member of any Contractor's family shall serve on any City board or committee or
hold any. such .position which either by rule, practice or action nominates,
recommends, or supervises Contractor's operations or authorizes funding to
Contractor. _
Exhibit D
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Page 2 of 8
9. COMPLIANCE WITH LAWS.
ao
In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by City and shall comply with the common law
and all laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies) applicable to the
performance of the Scope of Work hereunder, including, but not limited to, all
provisions of the Occupational Safety and Health Act of 1979 as amended.
bo
Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Contractor to practice its profession. Contractor represents
and warrants to City that Contractor shall, at its sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Contractor to practice its profession. In
addition to the foregoing, ContractOr shall obtain and maintain during the term
hereof a valid City of Saratoga Business License.
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Funding Agency Requirements. To the extent that this Agreement may be
funded by fiscal assistance from another entity, Contractor shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal
assistance program.
do
Drug-free Workplace. Contractor and Contractor's employees and
subcontractors shall comply with the City's policy of maintaining a drug-fi'ce
workplace. Neither Contractor nor Contractor's employees and subcontractors
shall unlawfully manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite used in any
manner in connection with performing services pursuant to this Agreement. If
ContractOr or any employee or subcontractor of Contractor is convicted or pleads
nolo contendere to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter, shall notify the
City.
eo .
Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 andother laws prohibiting
discrimination and that no person shall, on the grounds of race, creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam era
veteran's status, political affiliation, or any other non-merit factors be excluded
from participating in, be denied the benefits of, or be otherwise subjected.to ·
discrimination under this Agreement.
Exhibit D
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.~ ' 10. DOCUMENTS AND 'REcoRDs.
'Property of City~ Ail rePorts, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Contractor pursuant to this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
Retention of Records.. until the expiration of five years after the furnishing of
any services pursuant to this Agreement, Contractor shall retain and make
. available to.the City or any party designated by the City3 upon written request by
City, this Agreement, and such books, documents and records of Contractor (and
anybooks, documents, and records of any subcontractor(s)) that are necessary or
convenient for-audit purposes to certify the nature and extent of the reasonable
cost of services 'to City.
Use Of Recycled Products. Contractor shall prepare and submit all reports,
written studies'and other printed material on recycled paper to the extent it is
available at equal-or less cost than virgin paper.
d.. Professional Seal. Where applicable in the determination of the contract
~ administrator, the first page of a technical report, first page of design
.. SPeCifiCations, and each page of construction drawings shall be stamped/sealed
and signedby the licensed professional responsible for the report/design
"preparations' The stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility" as per the sample
Seal.and Signature of Registered Professional
with report/design responsibility.
11.
CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information
received from .City in the coUrSe of performing this Agreement in trust and confidence
and will not reveal such confidential information to any person or entity, either during the
term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or
termination as provided herein, Contractor shall return materials which contain any
· confidential information to City. Contractor may keep one copy for its confidential file.
For pUrPoses of this paragraph, cOnfidential information is defined as all information
.Exhibit.D .. _ ... ..~
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Page 4 of 8
12.
disclosed to Contractor which relates to City's past, present, 'and future activities, as well
as activities under this Agreement, which information is not other, vise of public record
under California law.
13.
RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the
work, shall bear all losses and damages directly or indirectly resulting to Contractor, to
any subcontractor, to the City, to City officers and employees, or to parties designated by
the City, on account of the performance or character of the work, unforeseen difficulties,
accidents, occurrences or other causes predicated on active or passive negligence of the
Contractor or of any subcontractor.
INDEMNIFICATION. Contractor and City agree that City, its employees, agents and
officials shall, to the fullest extent permitted by law, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys 'fees, litigation costs, defense
costs, court costs or any other cost arising out of or in any way related to' the negligent
acts, errors or omissions, or willful misconduct of the Contractor or conduct for which the
law imposes strict liability on the Contractor in the performance or failure to perform this
Agreement. Accordingly, the provisions of this indemnity provision are intended by the
parties to be interpreted and construed to provide the fullest protection possible under the
law 'to the City. Contractor acknowledges that City would not enter into this agreement
in the absence of the commitment of Contractor to indemnify and protect City as set forth
below. ·
ao
bo
co
Indenmity. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold harmless City, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind
whatsoever without restriction or limitation, incurred in relation to, as a
consequence of Or arising out of or in any way attributable actually, allegedly or
impliedly, to the negligent acts, errors or omissions, or willful misconduct of the
Contractor or conduct for which the law imposes strict liability on the Contractor
in the performance or failure to perform this Agreement. All obligations under
this provision are to be paid by Contractor as they are incurred by the City.
Limitation on Indenmity. Without affecting the rights of City under any
provision of this agreement or this section, Contractor shall not be required to
indemnify and hold harmless City as set forth above for liability attributable to the
fault of City, provided such fault is determined by agreement between the parties
or the findings ora court'of competent jurisdiction. This exception will apply
only in instances where and only to the extent that the City is shown to have been
.at fault.
Scope of Contractor Obligation. The obligations of Contractor under this or any
other provision of this Agreement will not be limited by the provisions of any
Exhibit D
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Page 5 of 8
· workers' compensation act or Similar act. Contractor expressly waives its
statutory immunity ..under such statutes or laws as to City, its employees and
officials.
Subcontractors. Contractor agrees to obtain executed indemnity agreements
with provisions .identical to those set forth here in this section .from each and
· every subcqntract0r, i subtier contractor or any-other person or entity involved by,
for, with or on behalf of Contractor in the performance or subject matter of this
Agre:eg)ent. In the event Contractor fails to obtain such indemnity obligations
from others, as required .here, Contractor agrees to be fully responsible according
to the terms of this section.
e. 'In General. Failure of City t°-monitor comPliance with these'requirements
imposes no additional obligations on City and will in no way act as a waiver of
· any rights hereunder. This obligation to indemnify and defend City as set forth
herein is binding on the successors, assigns, or heirs of Contractor and shall
survive the termination of this agreement or this section. For purposes of Section
2782ofthe Civil Code the parties hereto recognize and agree that this Agreement
is not a construction contract.. By execution of this.Agreement, Contractor
acknowledges and agrees ~that it has read and understands the provisions hereof
. and that-this paragraph is:a material element of consideration. City approval of
the insurance contracts required by this Agreement does not relieve the Contractor
or subcontractors from liability under this paragraph.
14..INSURANCE REOUIREMENTS. Contractor shall procure and maintain for the
duration of the contract insurance as set forth in Exhibit E. The cost of such insurance
~hall be included'in the Contractor's bid.
15. DEFAULT AND REMEDIES.
Events of default.
hereunder:
'1.
Each of the following shall constitute an event of default
· Faiiure to perform any obligation under this Agreement and failure to cure
sUch breach immediately upon receiving notice of such breach, if the
breach is such that the City determines the health, welfare, or safety of the
public is immediately endangered; or
·2.
Failure to perform any obiigation under this Agreement and failure to cure
such breach within fifteen (15) days of receiving notice of such breach, if
the breach is such that the City determines that the health, welfare, or
safety of the public is 'not immediately endangered, provided that if the
nature of the brehch is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not be in
Exhibit D '
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Page 6 of 8
default if Contractor promptly commences the cure and diligently
proceeds to completion of the cure.
Remedies upon default. Upon any Contractor default, City shall have the right
to immediately suspend or terminate the Agreement, seek specific performance,
contract with another party to perform this Agreement and/or seek damages
including incidental, consequential and/or special damages to the full extent
allowed by law.
No Waiver. Failure by City to seek any remedy for any default hereunder shall
not constitute a waiver of any other rights hereunder or any right to seek any
remedy for any subsequent default.
16.
TERMINATION. Either party may terminate this Agreement with or without cause by
providing 10 days notice in writing to the other party. The City may terminate this
Agreement at any time without prior notice in the event that Contractor commits a
material breach of the terms of this Agreement. Upon termination, this Agreement shall
become of no further force or effect whatsoever and each of the Parties hereto shall be
relieved and discharged herefrom, subject to payment for acceptable services rendered
prior to the expiration of the notice of termination. Notwithstanding the foregoing, the
provisions of this Agreement concerning retention of records, City's rights to material
produced, confidential information, contractor's responsibility, indemnification,
insurance, dispute resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this Agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to nonbinding mediation in California at shared expense
of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys fees.
18. LITIGATION. If any litigation is commenced between parties tol this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys' fees and costs. ~
19. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and
interpreted under the laws of the State of California. Jurisdiction of litigation arising
from this Agreement shall be in that state and venue shall be in Santa Clara County,
California. If any part of this Agreement is found to conflict with applicable laws, such
part shall be inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
Exhibit D
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Page 7 of 8
-..-representation, implication, or understanding that the City will request that work product
..' provided by Contractor under this Agreement be supplemented or continued by
ContractorUnder a new agreement following expiration or termination of this Agreement.
Contractor waives all rights or claims to notice or heating respecting any failure by City
to continue to request Or retain all or anY portion of the Work product from Contractor
following the expiration or termination of this Agreement.
21 ~ PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties
executing this Agreement and not for the benefit of any other individual, entity or person.
22. WAIVER. 'Neither the acceptance of work or payment for work pursuant to this
"Agreement shah c0nstimte a waiver of any .rights or obligations arising under this
.Agreement. 'The failure by the City to enforce any of Contractor's obligations or to
exercise C]ty's rights shall in no event be deemed a waiver of the right to do so thereafter.
- Exhibit D:
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Page 8'of 8
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those which have an "X" indicated in
the space before the requirement apply to Contractor's Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide Certificates of Insurance complete with copies of all required
endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue.
Saratoga, CA 95070.
Contractor shall furnish City with copies of original endorsements affecting coverage required by
this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements and certificates are to be received and approved by City
before work commences. City has the right to require Contractor's insurer to provide complete,
certified copies of all required insurance policies, including endorsements affecting the coverage
required by these specifications.
-X
Commercial General/Business Liability Insurance with coverage as indicated:
X
$1,000,000 per occurrenCe/S2,000,000 aggregate limits for bodily injury and
property damage
$ per Occurrence bodily injury/$ per occurrence
property damage
Coverage for X, C, U'hazards MUST be evidenced on thelCertificate of Insurance
If the standard ISO Form wording for "OTHER INSURANCE", or other
comparable wording, is not contained in Contractor's liability insurance policy, an
endorsement must be provided that said insurance will be primary insurance and
any insurance or self-insurance maintained by City, its officers, employees, agents
or volunteers shall be in excess of Contractor's insurance and shall not contribute
to it.
X Auto Liability Insurance with coverage as indicated:
x
$1,000,000 combined single limit for bodily injury and property damage
$ per person/$ per accident for bodily injury
$ per occurrence for property damage :
$ 500,000 combined single limit for bodily injury and property damage
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven.
Exhibit E
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P:XSARATOGA\Contracts~arsons Exhibit E.doc
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. Professional/Errors and Omissions 'Liability with coverage as indicated:
X $1,000,000 per loss/$2,000,000 aggregate
$5,000,000 per loss/$5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability coverage for a period
of three-years after the expiration of this Agreement. Contractor may satisfy, this
.requirement by renewal 'of existing coverage or purchase of either prior acts or tail
cOverage applicable to said three year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
iThe. Employer's Liability policy shall be endorsed to waive any right of sUbrogation as
respects the City,, its employees or agents.
The Contractor makes the following certification, required by section 1861 of the California
.Labor Cod&
I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
· comply with such provisions before commencing the performance of the work of
this contract ~..
· Additional Insured Endorsement(s) for Commercial General/Business Liability coverage'
designating' the City of Saratoga, its officers, employees and agents as additional insured,
but 0nly to the. extent of contractor's negligence, fault, or strict liability.
(NOTE: additional insured language on the Certificate of Insurance is NOT acceptable
without a separate endorsement such as Form CG 20 10)
X
The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days
notice for non-payment of premium). NOTE: the following words must be crossed out or
deleted from the standard cancellation clause: "... endeavor to..." AND "... but failure
to mail such notice' shall impose.no obligation or liability of any kind upon the company,
its agents or representatives."
All subcontractors used must comply with the above requirements except as noted below:
'ExlSibit E_
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Page 2 of 3
As to all of the checked insurance requirements above, the following shall apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the
City, either (1) the insurer shall 'reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees; or
(2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
b. City as Additional Insured. The City, its officers, officials, employees and
volunteers are to be covered as additional insureds as respects: liability arising
out of activities performed negligently by the Contractor; products and completed
operations of the Contra{.for, premises owned, occupied or used by the Contractor,
or automobiles Owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations, on the scope of the proiection afforded to the
City, its officers, officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers. :
2. The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability..
3. Coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been
given to the City.
d. Insurance is to be placed with insurers with a Bests'
Acceptability of Insurers.
rating of no less than A:VII.
If you have any general questions please call Mary Jo Walker, Administrative Services Director
at 408/868-1200.
Exhibit E
Last printed 07/06/2000 11:41 AM
P:\SARATOGA\Conlxacts~Parsons Exhibit E.doc
Page 3 of 3
ROBERT SCHUBERT, AICP
Robert Schubert, AICP, has/~ M.S. in UrbanPlanning and over 22 'years of public sector
planning experience in the Bay area, including four years managing a planning
department. Since .1984, he has' worked as a contract planner for municipalities during
periods when supplemental staffwas required. Mr. Schubert has extensive experience in
environmental review and entitlement processing and can perform effectively on a short-
term .basis with minimal training or supervision.
CONTRACT, PLANNER (1984 -- present)
Mr.. Schubert provides contract planning assistance to Bay Area municipalities including
Belmont, Cupertino, Danville,-Dublin,' Foster City, Los Altos, Milpitas, Moraga; Palo
Alto; Redwood City, San Mateo, South San Francisco, Sunnyvale, Walnut Creek,
Woodside and Alameda County.
Development Review/Project Management - Project manager on the following:
· Oak Terrace Subdivision- low'density hillside subdivision in Alameda County.
· Palos Colorados - golf course/hillside subdivision in Moraga.
Olympic Center- retail/office development in Walnut Creek
·. Alpine Park - high-density apartments in Walnut Creek
· Nouveau Diablo - retail/reSidentia! project in Walnut Creek
· Center.for Cancer Treatment andPrevemion - new medical building in the Stanford
University Medical Center (Palo Alto).
· Varsity Theatre ~ renovation and seismic upgrade of historic downtown theatre into a
Border's Bookstore in downtown Palo Alto
· Bay Meadows Racetrack - proposed 50-table cardroom at Bay Meadows racetrack in
San Mateo (the cardroom was ultimately denied by voters)
· Del Valle Senior Housing- conversion of school site into senior housing
(townhouses, congregate care, skilled nursing and apartments) in Rossmoor (Walnut
Creek)
· Portqfino SeniorHousmg - low density hillside subdivision for seniors in Walnut
Creek
Zoning Ordinance Amendments
· Sign Ordinances (Walnut Creek, Belmont, Redwood City)
· Transfer °fDeveiopme,t Rights (TDR) Ordinance (Palo Alto)
· Wireless' Communication Facility Ordinances (Walnut Creek, Los Altos, Belmont)
· Creek PreservationOrdma.ce (Los Altos)
Housing Elements and Ordinances
· Housing Elements (Cupertino & Dublin)
· Inclusionary Housing Ordinance (Dublin)
· Density Bonus Ordinance (Dublin)
Design Guidelines and Hand,outs
· CommunityDevelopment Handouts for Plamm~g Applications (Dublin)
· Applicant's Guide to Transferrit. tg Development Rights (Palo Alto)
Sjgtt Design Guidelines (Redwood City)
Environmental Guidelines (Walnut' Creek & Dublin)
CITY OF FOSTER CITY, Chief of Plannifig (1980-84), Associate Planner (1979-80)
RESPONSIBILITIES: Supervised Planning Division staff (6 persons); chaired inter-
departmental review committee and served as Secretary to Planning Commission.
Directed all planning activities including environmental, design and subdivision review'.
MAJOR PROJECTS: Processed entitlements and administered development agreements
for two $300 million commercial planned developments (Town Center and Vintage Park)
and a 1,240-unit residential project (Neighborhoods 7 and 8a);
Prepared EIRs for proposed 785-berth'marina and four subdivisions;
Processed condominium conversion projects (approximately 1,000 total units);
streamlined the City's development review t~rocess (one-stop counter);
Prepared code amendments (condo conversion, parkland dedication, second units);
Administered consultant contracts for environmental and design review, Housing
Element updates and feasibility studies; and
Prepared and administered four Planning Division budgets.
MARICOPA COUNTY, Planner I (1978 - 1979)
RESPONSIBILITIES' Administered Community Development Block Grant (CDBG)
program for the Maricopa County Planning Department in Phoenix, Arizona.
MAJOR PROJECTS: Prepared community development plans for 13 'cities and
conducted environmental assessments pursuant to NEPA requirements.
CITY OF ROLLING HILLS ESTATES, Assistant Planner (1977 - 1978)
RESPONSIBILITIES: Processed entitlements for commercial and residential projects;
provided planning assistance tO the public and administered Code enforcement program.
MAJOR PROJECTS: Prepared design guidelines.and EIR for regional shopping center
and processed variances, use permits and subdivisions.
URBAN DYNAMICS ASSOCIATES, Planner (1976 - 1977)
RESPONSIBILITIES: Responsible for marketing and research functions of minority-
owned planning firm in downtown Los Angeles.
MAJOR PROJECTS: Developed housing programs and Prepared implementation
section of City of Oxnard Housing Element and prepared proposals roi- consultant work.
EDUCATION
Master of Science, Urban Planning - University of Arizona, 1977
Bachelor of Science, Political Science - South Dakota State University, 1974
PROFESSIONAL AFFILIATIONS
American Institute of Certified Planners.(AICP) ~.
Board of Directors, Northern Section APA - San Mateo County Liaison, 1984-85
Planner's Association of San Mateo' County - Chair, 1983-84'
213 Edinburgh :Street, San Francisco, CA. 94112
(415) 586-2266
sARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: July 19, 2000
ORIGINATING DEPT: Administrative Services
AGENDA ITEM
CITY MANAGER: " '
SUBJECT: Update of Section 2.45 of the Saratoga Municipal Code Pursuant to Changes
to the Purchasing Policy and Procedures
RECOMMENDED ACTION(S):
Approve changes to Section 2.45 (Purchasing System) of the Saratoga Municipal Code, pursuant
to changes in the City's Purchasing Policy and Procedures approved by the City Council on June
21, 2000.
REPORT SUMMARY:
The City Council approved modifications to the City of Saratoga Purchasing Policy and
Procedures Manual on June 21, 2000. Attached is the staff report that was presented on that date,
summarizing the more significant changes and refinements that were made to the Purchasing
Manual. Staff was directed to return with changes to the Saratoga Municipal Code that would be
required to keep the Purchasing Procedures in compliance with the Municipal Code.
Attachment A contains Section 2.45 (Purchasing System) of the Municipal Code, with the
recommended changes highlighted. The language that is recommended to be deleted is presented
in the "strike through" mode, and the proposed new language is written in bold italics.
At the June 21, 2000, a number of good suggestions were made regarding the City's Cai-Card
Credit Card procedures. The procedures require both the individual cardholder and the
approving official to review and approve the credit card statement within three working days
after receipt. This assures that charges are being reviewed prOmptly, and if problems arise, they
are dealt with quickly. To protect the privacy of credit card numbers, we have modified our Cal-
Card procedures to state that card numbers should only be given over the phone if the card-holder
initiated the call, and should be given over the internet only if using a secure web site.
· FISCAL IMPACTS:
No direct fiscal impact.
1 of 2
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Saratoga Municipal Code will not be in compliance with thc City's Purchasing Policy and
Procedures.
ALTERNATIVE ACTION(S):
Direct staff to make further revisions to thc Municipal Code.
FOLLOW UP ACTION(S):
Staff to incorporate thc approved changes into Section 2.45 of the Saratoga Municipal Code.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Section 2.45 of the Saratoga Municipal Code
Attachment B: City Council Report of June 21, 2000
2 of 2
Article 2-45
PURCHASING SYSTEM
S~ctions:
2-45.010 Adoption of purchasing System.
2-45.020 Definitions.
2-45.030 Exclusions from Article.
2-45.040 .Centralized purchasing system; Purchasing Officer.
2-45.050 Purchase orders. '
2-45.060
~-45.070
2~45.080
2-45.090
2-45.095
2-45.100
'2-45.110
2-45.120
245.130
2-45.140
2-45:150
2-45.1'60
2-45.170
Availability of funds.
Authorization for purchase orders and contracts; emergencies.
Use of brand names.
BaSis of fiward~ :
Recycled paper.
Purchases under $100.
Open market purchases.
Competitive bidding; exceptions.
Formal bidding procedure.
Request for proposals.
Inspection and testing. -
Joint purchase with other agencies.
Disposal of personal property.
2-45.010 Adoption of purchasing System.
In order to establish efficient procedures for the purchase of supplies and services at the
~'"~ ~^°~:~'~ ..... st comp titi e price ith operational, n d
~ v ........... mo e v commensurate w ee s, to
exer6ise positive financial control over'such purchases, to clearly define authority for
administration of the purchasing function, and to assure the quality of supplies and services
· purchased by the City, a purchasing system is hereby adopted. ·
2-45.020 Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively' ascribed to them by this Section, unless the context or the provision clearly
requires otherWise:
(a) Brand name means a prOduct, item Or material described by reference to its
manufacturer's name or catalogue number.
(b) Br_and name or equal specification means a contraCt or purchase order specification
containing a brand name to describe the nature, standard of quality, performance, and other
Characteristics needed to meetthe City's requirements, and which provides for the
SubmisSion of equivalent prOducts..
(c) Cost, as .applied to a single transaction for the purchase of supplies or services, means the
total amount to be expended by the City, exclusive of salesor use taxes.
"-(d) Supplies means and includes all materials, supplies, equipment,'products, and other items
of tangible personal property.
.(e) Services means and includes labor, professional services and consulting services.
ATTACHMENT A
Services shall not include incidental labor such as set-up, testing, and maintenance of
supplies where the primary purpose is to purchase the supplies.
2-45.030 Exclusions from Article.
The provisions of this Article shall not apply to any of the following:
(a) The award of contracts for public projects governed by the provisions of the State Public
Contract Code or the provisions of the City's informal bidding ordinance, as contained in
Chapter 12, Article 12-15 of this Code.
(b) The award of contracts governed by any State or Federal law which prescribes a different
procedure.
(c) The granting by the City of franchises, rights, privileges, licenses or permits, including,
but not limited to, a cable television franchise granted pursuant to Chapter 4, Article 4-25 of
this Code, a garbage collection franchise granted pursuant to Chapter 7, Article 7-05 of this
Code, or a franchise for installation of facilities granted pursuant to Chapter 10, Article 10-
25 of this Code.
(d) The purchase of utilities, including, but not limited to, electricity, water, gas, or telephone
service.
(e) Employment contracts or'collective bargaining agreements with any employees of the
City.
(f) The-purchase of insurance, including coverage provided by any self insurance pool in
which the City is a participant.
(g)The extension or renewal of any existing contract for technical or professional services to
be performed by consultants, unless the City Council elects to award a new contract pursuant
to this Article.
(h) Contracts for technical or professional services to be performed by consultants, where the
cost thereof will be.paid in advance by a person applying to the City for ape .rmit, license or
othei approval. '
(i) Contracts for educational,' recreational, travel or entertainment services furnished by
independent contractors or consultants, where the total cost thereof is paid by the persons
utilizing the services.
(j) Contracts. for supplies or services to be furnished by any other public agency.
(k) The purchase of supplies or services made in compliance with the terms and conditions
of any grant, gift or.bequest to the City that is otherwise consistent with law. -
2-45.040 Centralized purchasing system; Purchasing Officer.
(a) Except as otherwise provided by this Article, all purchases of supplies and services shall
be centralized under the Purchasing Officer.
(b) The City Manager is hereby appointed as the Purchasing Officer for the City, and as such
shall have authority to:
(1) Procure or supervise the procurement of all supplies and services needed by the City, in
accordance with the procedures prescribed in this Article and any administrative rules and
regulations as may be adopted by the Purchasing Officer pursuant hereto.
(2) Exercise direct supervision over the City central stores and general supervision over all
other inventories of supplies belonging to the City.
(3) Establish or supervise the establishment of specifications for supplies and services
required by the City.
2 of 3
..(4) InspeCt or supervise the inspection· of all supplies pUrchased by the City to insure quality,
-quantity and conformance .With-the specifications therefore.
(5) Prepare ·and adopt administrative rules and regulations not in conflict with the provisions
'of this:Article;for the purpos~e~ of implementing the purchasing system established hereunder.
(6) -Sell,. trade or Otherwise dispose Of surplus supplies, in accordance with the provisions of
this Article. _
. (c) The Purchasing Officer- may- authorize any department head to investigate, Solicit bids, or
negotiate the. purchase Or.award.of contracts for or services or supplies independently of the
centralized purchasing system~ 'provided that all such actions shall be done in conformity
with the procedures, prescribed by this Article or by duly adopted administrative rules and
regulations pertaining, theret°. - ' '
.'2-45.050 Purchase orders.
Purchases of sUpplies or services-having a cost of Om~ Five Hundred Dollars or more shall
. be made'only by purchase orders signed by the Purchasing Officer, or other City employees
as may-be designated by the Purchasing Officer to act in his behalf. Nothing herein shall
--preclude the use of authorized Petty cash funds for purposes intended by their establishment.
2~45.060 Availability of funds.
Exceptincases of emergency, the Purchasing Officer shall not issue any purchase order for
supplies or services unless thereexists an unencumbered appropriation in the fund account
against which Such purchase isto be charged. The appropriate account and funds shall be
encumbered immediately after the issuance of the purchase order.
2,45'.070. Authorization for purchase orders and contracts; emergencies.
(a) The Purchasing Officer is 'hei'eby authorized to issue purchase orders and award contracts
for shpplies'or services' Where the'cost thereof does not exceed F-i-ye Ten Thousand Dollars.
(b) Contracts or purchase orders for suPplies or services involving a cost in excess of ~
Ten Thousand Dollars must be approved or awarded by the City Council.
(c) Notwithstanding Paragraphs (a) and (b) of this Section or any other provision of this
Article, the Purchasing Officer may purchase supplies or services having a cost in excess of
F4v~ Ten Thousand Dollars in the event of emergency requiring the immediate preservation
of the public peace, health or safety, and precluding action by the City Council. In such
instances; the Purchasing Officer shall submit to the City Council at its next succeeding
meeting a written report describing the circumstances of the emergency, the supplies or
services purchased, and the cost thereof.
245.080 Use of brand-names.
(a) Brand name or equal specifications may be used when the Purchasing Officer determines
that:"
(1.) No other.design or performance specification or products list is available; or
(2) Time does not permit the preparation of another form of'purchase description which does
not include a brand name specification; or
(3) The nature 6f the.product or the nature of the City's requirements makes use of a brand
nam~ or equal specification suitable for the procurement; or
'(4) Use of a brand name or equal specification is in the City's best interests.
'3 of 3
(b) Brand name or equal specifications shall state that substantially equivalent products to
those designated will be considered for award.
(c) Where a brand name or equal specification is used in a solicitation, the solicitation shall
contain explanatory language that the use of a brand name is for the purpose of describing
the standard of quality, performance and characteristics desired and is not intended to limit
or restrict competition.
2-45.090 Basis of award.
(a) Purchases of supplies or services will be made on the basis of the bid or bids most
advantageous to the City. In addition to price, the criteria for determining the most
advantageous bid shall include, but not be limited to the following:
(1) Compliance with the bid specifications.
(2) The ability, capacity and skill of the bidder to perform the contract 'or provide the
supplies or services required.
(3) The ability of the bidder to perform the contract or provide the supplies or services
promptly, or within the time specified, without delay or interference.
(4) The character, integrity, reputation, judgment, experience, and effiCiency of the bidder.
(5) The quality of the bidder's performance on previous purchases or contracts with the City.
(6) The previous and existing compliance by the bidder with the ordinances of the City and
applicable State and federal laws.
(7) The sufficiency of the bidder's financial resources to perform the contract or provide the
supplies or services required.
(8) The quality, availability and adaptability of the supplies or services to the particular use
required.
(9) The ability of the bidder to provide future maintenance, repair partS and services for the
use of the supplies purchased.
(10)'The number and scope of conditions attached to the bid.
(b) Where a formal competitive bidding procedure is required and the contract is not
awarded to the bidder offering the lowest price, the Purchasing Officer shall prepare and
place on file with the records of such contract a written statement of the reasons for the
award. Such statement shall be open to public inspection.
2-45.095 Recycled paper.
(a) The Purchasing Officer shall establish and maintain procedures and specifications for the
purchase of paper and paper products which give preference, whenever feasible, to the
purchase of recycled paper, and paper products containing recycled paper.
(b) The Purchasing Officer shall purchase recycled paper and paper products, instead of
unrecycled paper and paper products, whenever such recycled paper and paper products are
available at no more than the total cost of unrecycled paper and paper products, and when
fitness and quality are equal.
(c) The Purchasing Officer may provide a preference to the suppliers of recycled paper or
paper products equal to five percent of the lowest bid or price quoted by suppliers offering
unrecycled paper or paper products. -
(d) The term "recycled paper," as used in this Section, shall have the same meaning as
defined in Section 10391 of the State Public Contract Code.
4 °f4
5 of 5
2-45:100 Purchases-under SaAgg$500.
The. Purchase of supplies or services-having a cost of less than Oa~ Five Hundred Dollars
can be made without apurchase order'by the' Purchasing Officer or other employee of the
City having authorization from the Purchasing Officer to do so. A petty'cash f'.'.nd can be
'2-45}110 Open' market purchases.
(a) Purchases of. suPplies Or Services having a.cost of One Five Hundred Dollars or more but
less' than Y4fteeV,-Twenty Thousand Dollars may be made in the open'market without formal
competitive' bidding procedures, if authorized by either the Purchasing Officer or the City
CounCil as provided in Section 2-45.070 of this Article.
(b) Open market purchases involving a cost of Five Hundred Dollars or more 'shall,
· whenever possible, be based uPon at least three informal price quotations and shall be
awardedon the basis ofthe price quotation.most advantageous to the City. The Purchasing
Officer.may solicit price quotations either orally or in writing, or may utilize price
information on file with the' City Or available elsewhere.
2-45.120 COmPetitive bidding; exceptiOns.
.. (a) Except as otherwise provided in Paragraph (b) of this Section, all purchases of supplies or
services involving a cost of ~Twenty Thousand Dollars or more shall be made by
contract awarded pursuant to the formal competitive bidding procedure set forth in Section
.2-45.I30. · ....
~(b) b/contract for the purchase of supplies or services involving a cost of ~Twenty
Thousand Dollars Or more may be awarded by the City Council without competitive bidding
in each-of the following cases: .
'(1) .W. here the'Ciiy Council determines that 'the immediate preservation of the public peace,
health or safety requires the Purchase tO be made without competitive bids;
(2) Where the supply or' service. required by the City can only' be obtained from a single
sOurce;
'(3) Where the contractis for speCialized or professional services such as, but not limited to,
'.'Services rendered by architects, engineers, auditors, attorneys, appraisers, geologists, and
· other specialized consultants;
(4) Where the City Council determines that use of the competitive bidding process is
impracticable or impossible, or would not be likely to result in a lower price to the City from
a resPonsible bidder, or woUld cause unnecessary expense or delay under the circumstances;
(5) Where the City Council Utilizes the request for proposal method of purchase, as set forth
-in section 2-45.140 of this Article.
,- 2-45.130 Formal bidding.procedure.
Where formal competitive bidding is required, the following procedure shall be followed:
· (a) Notice invitin, g bids._Notices inviting bids shall include a general description of the
supplies or services to be purchased, the place where bid forms and specifications can be
Obtained, the time and place for. opening bids, whether a bid deposit or bond will be required,
and whether a performance bond.will be. required. The notice shall be published at least
' once, not less than ten days prior to the date set for final receipt of bids, in a newspaper
' having general circulation in.the City, and shall be posted at the City Hall location used for
the posting of legal notices. Notices shall also be sent to persons who have submitted a
written request to the City to be notified of such bidding opportunities, and notices may be
sent at the discretion of the Purchasing Officer to any additional persons.
(b) Bidder's security. When deemed necessary by the Purchasing Officer, bids shall be
accompanied by a bidder's security in the form of a cashiers check, certificate of deposit,
money order, or unconditional and irrevocable letter of credit, payable at sight to the City, or
a surety bond in favor of the City, in such amount as determined by the Purchasing Officer to
be adequate for protection of the City's interests. Bidders shall be entitled to return of their
bid security; provided, however, a successful bidder shall forfeit his bid security upon failure
or refusal to execute a contract within ten days after mailing the notice of award, unless the
City is responsible for the delay. The City Council may, on failure or refusal of the
successful bidder to execute the contract, award it to the next lowest responsible bidder, in
which event, the lowest bidder's security shall be applied by the City first to the difference
between the low bid and the second lowest bid, then toward payment of any other costs,
expenses or damages incurred by the City as a result such failure or rehsal, and the balance
of the security, if any, shall be returned to the lowest bidder.
(c) Bid opening procedure. Sealed bids shall be submitted to the Purchasing Officer and Shall
be identified as bids on the envelope. Bids received after the deadline for submitting the
same shall not be accepted and shall be returned to the bidder unopened. The bids shall be
opened in public at the time and place stated in the public notice. All opened bids shall be
available for public inspection during regular business hours from the time of bid opening
until the Contract has been awarded by the City Council.
(d) Rejection of bids. If, in the opinion of the City Council, none of th& bids is satisfactory,
the Council may reject all bids and either purchase the supplies or services in the open
market or readvertise for new bids.
(e) Award of contract. Except as otherwise provided herein, a contract' shall be awarded to
the lbwest responsible bidder, taking into consideration the criteria listed in Section 2-45.090
of this Article.
(f) Tie bids. If two or more bids received are for the same total amount or unit price, quality
and service.being equal, and if a delay for readvertisement would not be in the public
interest, the City Council may accept the bid.ii chooses or accept the lowest bid made by
negotiation with the tie bidders at the time of the bid opening.
(g) Performance bond. The City Council may require that a performance bond be furnished
before entering into. a contract with a successful bidder. The form and amount of such bond
shall be satisfactory to the Purchasing Officer and in compliance with the contract
specifications.
(h)'Waiver of irregularities. The City Council may waive any minor irregularities in the bids,
based upon a determination that the same have no material impact upon the bidding process
or other bids submitted.
(i) No bids. If no bids are received in response to the notice inviting bids, the City Council
may proceed to purchase the .supplies or services without further competitive bidding.
2-45.140 Request for proposals. :
(a) The City Council maY ~utilize the request for proposal method of pUrchasing supplies or
Services upon a determination that competitive bidding is not practical: or advantageous to
the City because:
6 of 6
(1) QUality, ,capability, performance or qUalification is overriding in relation to price; or
. (2)·.Delivery, installation, service; maintenance, reliability or replacement is overriding in
relation to price; or
(3) Inthe opinion of the'City Council, the marketplace will respond better to a solicitation
- permitting a range of alternative Proposals Or evaluation and discussion of proposals before
enter.ing the Contract:
(b). Proposals shall be solicited in such manner as directed or approved by the City Council.
The identity of Persons responding to the request for proposals and the content of proposals
'submitted to'the City may be kept. confidential during the process of negotiation and until a
contract is awarded.
. (c) The request for proposals shall state evaluation factors. Discussions may be conducted
with responsible offerors and revisions to proposals, based upon such discussions,' may be
accepted. ~ ..
. (d) The contract award shall be baSed upon the proposal determined by the City Council to
be most advantageous .to the City, taking into consideration price and the evaluation factors
set forth in the request for proposals..
(e) The city Council may reject any and all proposals if such rejection is deemed to be in the
best interests of the City. The Council may thereupon direct that proposals be solicited or
utilize any other PUrchasing method set forth in this Article.
2-45.150 InsPection and testing.
The Purchasing Officer shall inspect, or cause .to be inspected, all deliveries of supplies or
services to determine their, conformance to specifications set forth in the purchase order or
contract. The Purchasing Officer shall'have the authority to require any tests necessary to
determine quality and conformance with sp, ecifications.
2-45~ 160 Joint.purchase.with other agencies.
NotWithstanding any other ·Provision of·this Article, the Purchasing Officer may issue a joint_
purchase order together with :any other city, county, or public agency in the State for the
purchase of Supplies or services, provided the specifications for such supplies or services
have been approved by the pUrchasing Officer if the cost thereof is less than ~Twenty
Thousand Dollars, or bY the CitY Council if the cost thereof is r~,fteee-Twenty Thousand
Dollars or more, and Provided further that at least one of the other agencies has solicited or
advertised for bids ina manner similar to the applicable procedures set forth in this Article.
"2~45.1-70 Disposal Of personal property.
The ·Purchasing officer shall have authority to dispose of personal property of the City
whiCh cannot be used by any department or has become obsolete or worn out. The
disPosition. may be accomplished by negotiated sale, public auction, exchange or trade in for
other supplies or, upon. a determination by the Purchasing Officer that the property has no
'commercial Value;.by abandonment, destrUction or donation to a public body or a nonprofit
--'charitable'or civic organizatio.n. The disposition of any property having a value of F4v~
}~,,atred TWO Thousand Dollars.or more shall first be authorized by the City Council.
7 of 7
SARATOGA-CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: June 21, 2000
ORIGINATING DEPT: Administrative Services
SUBJECT: Purchasing Procedures
RECOMMENDED ACTION(S):
Approve the updated City of Saratoga Purchasing Procedures Manual, and direct staff to return at
the July 19 City. Council meeting with proposed changes to the MuniciPal Code.
REPORT suMMARy:
Background
Under: the direction of the 'Finance Commission, the Administrative ~Services Department has
. updated the City's Purchasing Procedures Manual. It has been a long-standing goal of the
· Finance Commission to update, strengthen and clarify the Purchasing Procedures since the
previous update to the City's current Purchasing Procedures was more than ten years agoi
The City utilized the services of an MBA student this past winter to do the basic drafting of the
Procedures, with input from the Finance Commission and staff members. 'In the spring, the draft
.was reviewed and revised by the Finance Commission, the City Manager, the City Attorney,
Department Heads and key staff members. The updated draft Purchasing Procedures Manual is
attached for the City Council's review and approval.
Purpose and Authority
The purpose of the Purchasing Procedures is to establish efficient procedures for the purchase of
supplies and services at the lowest cost commensurate with operational needs, to exercise
positive financial Control over such purchases, to clearly define authority for administration of
the purchasing function, and to assure the quality of supplies and services purchased by the City.
Section 2-45 et seq. of the City's Municipal Code lays the framework for the purchasing system.
If the City Council approves the recommended changes to the Purchasing Procedures, staff will
ATTACHMENT B
return to the City Council at a later meeting with changes to the Municipal Code incorpOrating
these changes into Code Section 2-45.
Overview-of the Purchasing procedures
The City Manager is the- City's Purchasing Officer, although the Purchasing Officer may delegate
specific functions to an authorized individual in writing.
There are three different dollar limits that apply to the City's Purchasing Pr°cedures~ bidding
requirement limits, signature authority' limits, and contract limits. Page 4 of the Purchasing
.Procedures Manual details these limits. The dollar limits shown on page 4 are increased over the
previous limits to improve efficiency and recognize the increase in costs over the past ten years.
As with most rUles, there are specifiC exc. eptions to these limits, listed on page 5 of the
pUrchasing'Pr6cedu~es Manual. ' '
Purchases are to be made on' the basis Of-the bid most advantageous to the City. In addition to
price,, determining .the most. advantageous bid includes such criteria as compliance with
specifications, ability of bidder, reputation of bidder, and prior performance.
The manner, in which the City solicits bids depends on the dollar amount. Purchases of less than
$500 require no bidding, purChases of between $500 and $20,000 are bid using the City's
informal bidding procedures, requiring documentation of at least three price quotes. Purchases
over $20,000 require formal bids to be solicited.
The updated Purchasing Procedures Manual includes significant detail of the process that those
preparing Purchase Orders or Check Requests must follow. These procedures include
documentation of the bidding process and bid prices received, verification of 'the availability of
funds,' review 'of the contract, if required, along with supporting insurance certificates and other '
documentation.
Highlight of Changes from ExiSting Procedures Manual
Following is a summary of the 'more .significant changes and refinements that were made to the
Purchasing Procedures during this update:
1.- Approval Limits are recommended to be increased as follows:
Old Limit Proposed Limit
NO quotes necessary Up to $100 Up to $500
' Informal bids ' Between $100 and $15,000 Between $500 and $20,000
Formal bids Over $15,000 Over $20,000
2. 'Signature authority limits are recommended to be increased as follows:
DePartment. head or designate
Admin Services Director
City Manager
CitY CoUncil
Old Limit
None
Up to $1,000
$1,000 to $5,000
Over $5,000
Proposed Limit
· UP to $1,000
$1,000 to $5,000
$5,000 to $10,000
Over $10,000
2 of 4
3. The procedures required when doing informal and formal bids are more clearly defined.
4. The circumstances under which sole source purchasing is allowed are defined.
5. Requires Purchase Orders to be processed for all purchases over '$500, and specifies that they
must be processed when goods or services are ordered, not when invoice is received.
6. Allows Department Head to delegate purchasing authority to staff, provided it is in writing,
and updated at least annually.
7. Explicitly prohibits splitting orders to circumvent these procedures.
Modifies exception (i) to the procedures relating to contracts for educational, recreational,
travel or entertainment services to specify that the exception refers to total direct cost,
whereas previously the exception simply stated "total cost".
9. Addresses petty cash control.
10. Allows the use of authorized City's credit cards. Refers to the specific CalCard procedures.
11. Expands the inspection process, requiring inspection to be performed by someone other than
the person requesting the goods.
12. Addresses fixed assets and the disposal of surplus property.
13. Requires a formal contract for the purChase of goods or services over $10,000.
FISCAL IMPACTS:
No direct fiscal impact.
· CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The updating of the City's Purchasing Procedures would not be complete until staff returns with
a revised draft of the Purchasing Procedures and the City Council approves it. If updated
Purchasing Procedures are approved within a month or two, the impact would be minimal.
ALTERNATIVE ACTION(S):
Direct staff to make changes to the draft Purchasing Procedures for the July 5 City Council
meeting.
FOLLOW UP ACTION(S):
· Staff to return at the July 19 City Council meeting with proposed changes to the Municipal Code.
Staff to conduct training sessions for City personnel responsible for prOcessing Purchase Orders
and .Check Requests.
3 of 4
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional. -~
'.Attachment A: Draft Purchasing Procedures Manual
AttachmentIB: Purcha.5. ing Procedures Matrix
Attachmef~t C: Purchase Order and Payment Request Checklist
4 of 4
'i SARATOGA CITY COUNCIL
EXEcuT~IYE SUMMARY NO.
AGENDA ITEM:
MEETIN~ DATE: July 19, 2000
ORIGINATING DEPT.: City Manager
SUBJECT:
RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY
REMOVAL OF HAZARDOUS WEEDS AND BRUSH.
RECOMMENDED MOTION:
Open public heating; close public heating; adopt resolution.
REPORT SUMMARY'
[ . ·
The attach'.ed resolution represents the second step in Saratoga's weed and brush abatement
program aOministered by the County Fire Marshall. The County has sent owners of the parcels
requiting ~yeed and brush abatement notices informing them that the weeds and brush must be
abated, eit~her by the owners or by the County. The notice also informed them that they may
present obiections at tonight's public hearing.
FISCAL IMPACT:
None to. th~ City. County recovers its costs from administrative portion of fee charged to
property owner.
ADVERTISING, NOTICING
AND PUBLIC CONTACT:'
A Notice ~f Public Heating was published in the Saratoga News on July 5, 2000 as required by
law. The County mailed notices to all of the affected property owners.
t
CONSEQUENCES OF NOT
ACTING DN MOTION:
Abatemen~ process by the County will not proceed. It would be necessary to depend upon the
property owners to take care of their own abatement.
FOLLOW UP ACTIONS'
t '
Upon adop, tion, the County will begin abatement.
ATTACHMENTS:
Resolutionl.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING WEEDS AND BRUSH GROWING ON CERTIAN DESCRIBED
PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC
HEARING
WHEREAS, weeds and brush are growing in the City of Saratoga upon certain streets,
sidewalks, highway, roads and private property; and
WHEREAS, said weeds and brush attain such growth as to become a fire menace or are
otherwise noxious or dangerous; and
WHEREAS, said weeds and brush constitute a public nuisance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga,
as follows:
1. That weeds and brush do now constitute a public nuisance;
2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private
property, more particularly described by common name or by reference to the tract,
block, lot, code area and parcel number on the report prepared by and on file in the
office of the County Fire Marshal;
3. That it is ordered that Wednesday, the 19th day of July, 2000, at public hearing
during a regular meeting which will begin at 7:00 p.m. in the Saratoga Civic Theater,
13777 Fruitvale Avenue, is hereby fixed as the time and place where objections to the
proposed destruction and removal of said weeds and brush shall be heard and given
'due consideration;
4. That the County Fire Marshal is hereby designated as the person to cause notice to be
given in the manner and form provided in Article 15, Chapter 7 of the Saratoga
Municipal Code, and as the person to hereafter cause abatement of such seasonal and
recurring nuisance.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular adjourned meeting held on the 21st day of June 2000, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stan Bogosian, Mayor
ATTEST:
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: July 19, 2000
ORIGINATING DEPT: Administrative Services
AGENDA ITEM
CiTY MANAGER: ~,~~_~.~/]f~-'~
/
SUBJECT: Request for Proposal for Civic Center Master Plan
RECOMMENDED ACTION(S):
Approve the Request for Proposals (RFP) for the Civic Center Master Plan project, and adopt the
attached Resolution making adjustments to the Fiscal Year 2000/01 budget.
REPORT SUMMARY:
BackgroUnd
On October 26, 1999, the City Council heard a presentation by Anderson Brule Architects
detailing options for renovation of the Community Center and Senior Center. At that meeting,
staff was directed to explore the option of building a new facility. At the March 21, 2000, City
Council meeting, Anderson Bmle presented a range of options for rebuilding the facility. Staff
was directed at the March meeting to consider a broader vision for the Civic Center complex, and
explOre various alternatives to renovating and rebuilding the Civic Center complex before
moving forward with improvements to the Community Center and Senior Center.
The Request for Proposal
The RFP, which is attached for your review, is intended to narrow the options for improving the
Civic Center complex, so the City Council can evaluate more effectively the various
recommendations. The RFP details two options for which the architect will be asked to develop
site plans. Note .that only site plan layouts are requested in the RFP; it does not request
conceptual designs, roof line plans, or other more detailed architectural work. To control
architectural fees, the RFP limits the number of site plans that are required. It also requires the
architect to develop construction cost estimates, or ranges of estimates, for each site plan. The
cost estimates will detail the cost for each facility in each site.plan, so the City can glean a
portion of one site plan and combine it with another.
Options
To further analyze the feasibility of different levels of renovation, staff is recommending two
design options for which the architect will be asked to develop site plans. The options were
designed to provide some direction to the architectural firms for a project as broad as this, but
also allow the City Council a measure of flexibility to blend the recommendations from different
· options together.
The first option calls for the entire existing Civic Center complex to be designed assuming a
clean slate. The second option calls for four different views of the Civic Center complex,
assuming some core facilities (Community Center/Senior Center, Civic Theater and City Hall)
but adding a variety of different additional facilities.
The architect is asked to present the site layout plans to the City Council during a preliminary
meeting when the plans are still in a "rough draft" state (50% submittal), and make a second
presentation to the City Council when the site layout plans are in their final form (100%
submittal). This allows the City Council to make any adjustments to the direction that the
architect is taking before the project is complete.
FISCAL IMPACTS:
It is estimated that architectural services for the above options will cost between $15,000 and
$30,000. Funds have not been appropriated for this project. The architectural design work that
was completed for the Community Center and Senior Center by Anderson Brule Architects was
funded by the Park Development Fund. This new project is much broader in scope,
encompassing the entire Civic Center area, so it is not appropriate to use the Park Development
Fund. It is recommended that the General Fund balance be used to fund this project, for an
amount not to exceed $30,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The RFP will not be approved.
ALTERNATIVE ACTION(S):
Once comments made by the City Council have been incorporated into the document, the RFP
can be released.
FOLLOW UP ACTION(S):
Staff to distribute the RFP to architectural firms.
-ADVERTISING, NOTICING AND PUBLIC CONTACT:
-_N~thing additiOnal.. - ·
iATTACHMENTS: -.~
Attachment A - Resolution Making Adjustments to the Fiscal Year 2000/01 Budget
· Attachment B - Request for Proposals for Civic Center Master Plan
RESOLUTION NO. 01-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA MAKING ADJUSTMENTS TO THE
FISCAL YEAR 2000/01 BUDGET ·
WHEREAS, the City Council adopted Resolution No. 00-038, adopting the budget for Fiscal
Years 2000/01 and 2001/02 on June 21, 2000; and
WHEREAS, subsequent to the adoption of said Resolution, the City Manager has recommended
further changes to the City's budget; and
WHEREAS, the City Council has considered the recommendations of the City Manager and
believes that implementing these further changes will be in the-best interests of the City.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to increase
contract services in the Civic Center Master Plan project, representing the estimated cost of
architectural services for the Civic Center Master Plan. There are sufficient funds in the General
Fund balance 'to support this cost.
AND BE IT FURTHER RESOLVED, the above adjustments to the City of Saratoga's Fiscal
Year 2000/01 budget will be made using the following entries:
. Increase Decrease
001-9010-622-40.10-0108
001-0000-330-20.00 -
Civic Center Master Plan-Contract Services' $30,000
General Fund Balance ~
30,000
The above and foregoing resolution was passed and adopted at a regularmeeting of the Saratoga
City Council held on the 5th day of July, 2000 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
ATTACHMENT A
-Request For Proposals
For
ArchitectUral Services
For The
'CiviC Center Master Plan Project
AUGUST 2000
ATTACHMENT B
CITY OF SARATOGA
REQUEST FOR PROPOSALS
ARCHITECTURAL SERVICES FOR A NEW CMC CENTER MASTER PLAN
AUGUST 2000
Introduction
The City of Saratoga is soliciting Proposals and Statements of Qualifications from qualified firms for
providing Architectural services to develop site layout plans for the City's Civic Center complex. The City is
considering some improvements to existing facilities, and would like a long-range vision for the Civic Center
complex before further capital improvements are made.
The scope of this project is limited to potential site plans and estimated cost of the various options, and
does not include conceptual drawings, building design, or other more detailed aspects of architectural
services.
Background
The City of Saratoga has a Civic Center complex that contains four facilities: a Community Center/Senior
Center, Civic Theater, City Hall and a Corporation Yard. The' Community Center/Senior Center needs
significant renovation and expansion, and it may be decided that it should be demolished and rebuilt. The
Civic Theater also needs renovation, mostly inside the framework of the existing building, but the changing
.rooms at .the back of the Theater need expansion. City Hall and the Corporation Yard function adequately.
A new gymnasium and playfields may be considered for the complex. Additionally, the Civic Theater also
functions as the City Council Chambers, which presents a number of problems, so a new City Council
Chambers may be considered if incorporated into either the Community Center or City Hall.
Conceptuai designs were prepared recently for the Community Center/Senior Center, focusing on both
remodeling and rebuilding the Center. Before moving ahead with the Community Center/Senior Center
project, the City decided to look at the broader concept of its entire Civic Center complex and research the
possibility of other civic improvements to be incorporated into its long-term vision.
Project Overview
The City of Saratoga wishes to remodel, expand, and possibly rebuild portions of, or possibly all of, the
-existing Civic Center complex located on the comer of Fmitvale and Allendale Avenues. The City would
like to have site plans prepared based upon two different options for the complex. The first option assumes
that the entire existing Civic Center complex will be demolished and rebuilt, and adds a Gymnasium and
playfields. The second option calls for four different views of the Civic Center complex, assuming some
core facilities, but adding a mix of different additional facilities.
Facility Description
The various requirements of each proposed facility are described as follows:
C:\MaryJo\Cihc CemerRFP.doc
Page 1 of 6
CITY OF SARATOGA
REQUEST FOR PROPOSALS
ARcHITEcTURAL SERVICES FOR A NEW CIVIC CENTER MASTER PLAN
' ' . AUGUST 2000
'" · COMMUNITY CENTER/SENIOR CENTER
The COt¢ of the Community Center is approximately 30 years old; the Senior Center and Adult Day Care
.center wings were added in the 1980s. The building is 16,471 square feet, and contains a preschool room,
. adult day care center, senior center, dance stUdio, multipurpose room and classrooms, a lobby/reception
ar_ea, and staff offices. If the facility were to be rebuilt, 28,000 square feet should be planned for.
i CMC THEATER ::
The Civic Theater is approximately 40 years old, and seats 301. The Theater needs significant renovation,
mostly inside the framework of the existing building except for an expansion at the back of the Theater to
. accommodate changing rooms for 40 performers.
CITY HALL
City Hall is a fairly modern building that. functions adequately at its current size. However, if it were to be
rebuilt, an additional 25% should be added to allow greater flexibility.
CITY COUNCIL CHAMBERS
The Community 'Theater currently serves as the City Council Chambers as well. This arrangement presents
a number of difficulties. A new City Council Chambers may be considered if incorporated into either the
'C'ommunity Center or City Hall. 'If new Chamber were built, it should include the following:
· Theatre-style seating for 150 people · Restrooms
· Council Dais . · Adjoining small conference room
'· Audio/Visual Room for TV equipment · Lobby
GYMNASIUM
A new Gymnasium may also'be considered for the Civic Center complex. One does not currendy exist. A
new Gymnasium.sho'uld contain:
· T/go full-size basketball co'arts · Storage room for sports equipment
· Lobby · Restrooms, but no showers or changing rooms
· Small office '
PLAYFIELDS -
One or tWo regulation_size ball fields are being.considered for soccer or other sports. Playfields do not
currently exist on .the Civic 'Center complex.
CORPORATION YARD
It .is possible that some of the options do not allow for sufficient space to keep the Corporation Yard in its
present location. It may need to be moved .to a new, off-site location in some of the options:
MISCELLANEOUS · "
The land on which the Civic Center complex is located consists of 8.3 acres of land. Parking for 418 cars
currently exists, and the City does not wish to ireduce the number of parking spaces.
C:\}slary Jo\Civi~ Center RFP.doc
Page 2 of 6
CITY OF SARATOGA
REQUEST FOR PROPOSALS
ARCHITECTURAL SERVICES FOR A NEW CIVIC CENTER MASTER PLAN
AUGUST 2000
Option ;gl - This Option assumes that the entire existing Civic Center complex will be demolished and
rebuilt. The City would like to see two different site plans for this Option. The new complex would include
the following:
· New Community Center/Senior Center
· New Civic Theater
· New City Hall
· Gymnasium
· Playfields
· A City Council Chambers incorporated into either the Community Center or City Hall
· Possibly move the Corporation Yard to allow room for the new facilities
Option//2 - The City would like to see four different site plans for this Option. Each of the four site plans
must include the following facilities:
· 'Community Center/Senior Center
· Civic Theater'
· City Hall
· One or two of the following: Gymnasium, Playfields, City Council Chambers, or Corporation Yard'
The plans should be different than Option #1 and different from the existing site layout. Each of the
following facilities must be included in at least one of the four site plans:
· The existing Community Center/Senior Center
· A new Community Center/Senior Center instead of the existing building, in the most functional
location.
The existing Civic Theater
A new Civic Theater instead of the existing building, in the most functional location.
The existing City Hall
A new City Hall instead of the existing building, in the most functional location.
A City Council Chambers incorporated into either the Community Center or City Hall
Gymnasium
Playfields
Corporation Yard
·
·
·
·
·
·
·
·
Scope of Work
Architect is to provide professional services related to the design of this project ~n accordance with all
applicable codes and ordinances and to comply with appropriate standards of the industry.
Center m~.doc Page 3 of 6
CITY ·OF SARATOGA
'-- .. REQUEST FOR PROPOSALS
' ' ARcHiTECTURAL SERVICES FOR A NEW CMC CENTER MASTER PLAN
.... ' AUGUST 2000
A description· of the services or tasks required of the architect is as follows:
1. Investigate and prepare two alternative site plans for Options #1 and four alternative site plans for
Option'#2.. ~ "
2. Prepare the layouts, ina 50% and 100% submittal for each alternative to each option.
3.. Present the conceptual plans to the City Council' during a preliminary meeting for the 50% submittal
and a second meeting for the 100% submittal for the options that the City Council approves to proceed
4. Develop construction.cost-estimates, or raflges of estimates, for each option. The cost estimates should
detail the cost fOr each facility in each option.
5. ArchitectUral fees._ The. City anticiPates that these services will range between $15,000 and $30,000.
'Selection Criteria
2.
3.
4.
5.
6.
' Ability in soliciting and managifig input.
Commitment to listening and responding to client concerns and needs..
Experience with buildings of similar complexity and scale.
References from previous projects.
Understanding of project requirements, inclUding Potential challenges and opportunities.
Content, thoroughness and-overall quality of the proposal, particularly in illuminating the architect's
. understanding of the task and scope of work.
7. Technical approach including how the architect will conduct the work required. ·
8. Ability to complete project in a timely manner as related to the current work-load of the firm.
9. Ability {0 prbvide Written guarantee or assurances that the proposed team will be assigned to the project.
10. Architectural fees and estimated cost of services.
Cost and Method of Payment
Cos{ and .method of payment will be negotiated with the selected candidate. :
The City of Saratoga will make ·payments upon completed milestones to be negotiated with the successful
candidate.'
Tentative Schedule for Proposal Process
August'l 0
August 23.
Septembkr 15
September 18~ 30
October 6
October 18'
October 20
Request for Proposal 'Issued
Pre-bid Conference
Proposals due
Review proposals
:City intervieWs selected firms
Firm selected and notified
City of Saratoga issues contract and work is initiated
C:\Mary Jo\Civic Center'RFP.doc
Page 4 of 6
CITY OF SARATOGA
REQUEST FOR PROPOSALS
ARCHITECTURAL SERVICES FOR A NEW CIVIC CENTER MASTER PLAN
AUGUST 2000
Proposal Instructions and Format
Architects interested in providing these services to the City of Saratoga should prepare a proposal of no
more than 20 pages that includes:'
ho
Cover Letter. Firm name, address, phone number and contact person regarding the proposal
should be clear. In addition, please provide a brief firm history including the architect's current
permanent staff size and how that staff's size has chan. ged in the past five years.
Bo
Firm Qualifications. Areas of expertise of permanent staff and the scope of services that can be
provided by the firm without the services of an outside architect under the architect's direction. List
relevant experience, including description and photograph or rendering of each project, role of each
professional for that project, scope of responsibility, and the date completed.
Co
Key Personnel. Proposed project management structure, including thfi project manager and
individuals who will be assigned to the project and sub-contractors (if any). There can be no change
Of key personnel once the proposal is submitted without the prior approval of the City.
Project Workplan. A description of project understanding, detailed project approach, and
methodology. List spec!tic tasks and any specific considerations or options. Identify particular
challenges or opportunities associated with this project.
References. At least 3 recent (within the last 3 years) client references :for whom the' architect has
perirormed relevant work. References should include name, fide, organization or agency name,
phone number, address and a brief description of the project.
F. Fees and Costs. Architectural fees and projected total cost of the project.
Pre-Bid Conference
In order to answer questions and collect feedback, an opportunity to meet in advance of the proposal
deadline has been arranged. There will be a short introductory presentation and tours of both the inside and
outside of the current civic center. Attendance is mandatory. '
When:
Where:
Who:
August 23, 2000
City Hall, Administrative Conference Room, 13777 Fruit'vale Avenue, Saratoga, CA 95070
Open to all interested in submitting proposals; City staff involv~d in the project will be on
hand.
C:\Mary Jo\Ci~4c Cen?r RFP.doc
Page 5 of 6
fi'- .
. CITYOF SARATOGA
. REQUEST FOR PROPOSALS
ARCHITECTURAL SERVICES FOR A NEW CMC CENTER MASTER PLAN
AUGUST 2000
DEadline for proposals
Questions about this RFP and the pr.ojectshould be-brought to the Pre-Bid Conference for discussion.
Questions' after that date 0r about tl~e proposal process can be directed to Mary Jo Walker, Director of
Administrative Services, at (408) 868-1212 Or via email at MJWalker~saratoga.ca.us
Fifteen (10) copies of the proposal, plus one unbound copy, should be submitted by September 15 to:
Mary Jo Walkei
Administrative Services Director
City of Saratoga
13777 Fruit-vale Avenue
Saratoga, CA 95070 :'
Proposals arriving late or as a fax' transmission are unacceptable and will not be considered.
General Terms and COnditions
- ' The City reserves the right to reject any and all proposals.
The City reserves the righ~t0 modify ~he scope of the project at any time based on the best interests
of the' City.
All"dodumen~s, drawings and findings (regardless of format) that are associated with this study shall
be the property of the City of Saratoga.
Proposals shall remain effective for 90 days beyond the submitted date.
Architect agreement will be the City's standard Consulting Service Agreement, which will be
available at the pre-bid conference on Augus-t 23. Architect's attention is directed to the liability
.indemnification re( uirements contained in the standard form City Consulting Service Agreement.
C:\Ma~ Jo\Ci~4c Centqr RFP.do~
Page 6 of 6
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: June 7, 2000
ORIGINATING DEPT.: City Manager
AGENDA ITEM:
CITY MANAGERr.~_x~~.~. ~
PREPARED
SUBJECT: PRESENTATION ON HIGHWAY 85- NOISE MITIGATION PROJECT
RECOMMENDED MOTION:
Accept oral report by Mike Evanhoe/Valley Transportation Agency.
REPORT SUMMARY:
Mike Evanhoe/Valley Transportation Agency will make a presentation to the City Council
regarding the status on Highway 85 Noise Mitigation Project.
FISCAL IMPACT:
N/A
ADVERTISING, NOTICING
AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT
ACTINGON MOTION:
N/A
FOLLOW UP ACTIONS:
N/A
ATTACHMENTS:
None.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: JULY 19, 2000
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM
CITY R ·
SUBJECT: Report on the cUrrent condition, inventory, and maintenance costs associated with the
Heritage Orchard
l~eeommended Motion(a):
Accept the report.
Renort ~ummary:
The purpose of this report is to provide information to the City Council regarding the current
condition, inventory, and maintenance costs associated with the Heritage Orchard. The following
summarizes each of these areas:
1. Condition of Orchard
Because proper maintenance of a working fruit orchard is a specialized practice, staff invited two
authorities on fruit orchards to give condition reports on the City's Heritage Orchard. In addition,
they were asked to comment on the current maintenance practices being performed by the City's
orchardist, Matt Novakovich (see attached current maintenance practices/schedule).
Leland E. Lester, an orchardist and arborist who has been maintaining fruit orchards located in
South San Jose since 1966, 'inspected the Heritage Orchard in June. In addition, he reviewed the
current maintenance practices performed by the City's orchardist. With the exception of a few
items, his belief is that the orchard is in overall good condition and that the maintenance is being
performed competently (see attached report). The following is a summary of his
recommendations to improve the health and appearance of the orchard:
· Remove and replace all dead trees.
· Remove all suckering of the trees.
· Continue with aggressive gopher abatement.
William W. Coates, a Farm advisor for San Benito County and an expert on Fruit and Nut Trees,
visited the orchard on June 30. In general he found the orchard to be well maintained in a manner
similar to most commercial orchards in the Central Coast region (see attached report). The
following are Mr. Coates recommendations for improved maintenance of the orchard:
· Thin prune trees.
· Prune apricot trees and cherry trees per report recommendations to prevent Eutypa fungus.
· Continue with aggressive gopher abatement.
· Follow report recommendations regarding proper cherry stock when replanting to increase
their resistance to Oak Root fungus.
The above recommendations for improving the maintenance practices performed at the Heritage
Orchard will be incorporated into an updated maintenance contract with the City's orchardist.
The abatement of the gopher problem has recently been initiated with the authorization given to Mr.
Navakovich to subcontract with a professional gopher control company, Animal Damage
Management, Inc. The cost for this service is an initial $1,800 fee plus $400 monthly until the
problem is controlled.
2. Tree Inventory:
Mr. Navakovich prepared an inventory of the Heritage Orchard fi'uit trees (see attached inventory
report) which is summarized as follows:
Alive Dead
Apricots Trees: 550 200
Cherry Trees: 314 61
Prunes Trees: 265 34
Total: 1,129 295
The cost to plant new fi'uit trees is estimated at $45 per tree, for a total cost of $13,275.
3. Current Maintenance Costs:
Yearly Maintenance Contract:
New Gopher Abatement Contract (estimate):
Average Yearly Water Cost:
$35,000
2,800
2,500
Current Yearly Maintenance Cost: $40,300
Con~equence~ of Nln~Aeting'on the Recommended Motions:
N/A
"Alternative' Action.q: ..... .
Follow llp Actions:
Implement maintenance recommendations.
Advertiaing,.' Noticing and Puhlic Contact:
Nothing additional. _.
2.
3.
4.
Current maintenance prac'ti,ces/schedule prepared by Matt Navakovich.
Report prepared by Leland E. Lester.
Report prepared bY William W. Coates.
Inventory report prepared by Matt Navakovich.
ATTACHMENT 1
The following is a list of the work that is done from month to month:
· Pruning
· Dormant spray, if necessary
· Gopher abatement
· Fungicide spray
· Pruning
· Gopher abatement
· Fungicide spray, if necessary
· Pruning
· Picking brush
· Mowing
· Buck Brush
· Discing
· Gopher abatement
· Spray fungicide, if necessary
· Spray deer repellent
· Pruning
· Pick brush
· Buck brush
· BuTM brush
· Discing
· Gopher aba~ement
· Leaf sprays
· Irrigation
MaY
· Do~r rel~llent
· Thinning, if necessary
Irrigation
· Gopher abatement
· Discing
· .- Deer repellent
"· Gopher abatement
· Irrigation-
·- Rolling:
· Propping, if necessary
· Harvest
· Gopher abaten~nt
· Deer repellent
· Irrigation, if.necessary
~-.
· ' Deer repellent
· Gopher abatement
· Irrigation
-..~ :Pick-UPprops ·
· Pruning. _.
· Discing
· BuCk limbs out
· Deer.repellent
· · Gopher abatement'
· Pruning
· ' Irrigation, if necessary_
· Disc'
October
· : Deer repellent
· Gopher abatement
· -Pruning.
November
· Pruning
· Gopher abatement
· Dormant spray
Discing
Page 2
Pruning
Gopher abatement
· Dormant spray
Page 3
13777 Pl'lliw~]~ Argue
Saratoga, CA 9~07o - .
i'Byway ofintrodt~ioli.~ lam an orchardist (arbofist) in thc valley and'l am mainly farming at
'this time in South Ssa Jose, near Cottel Road. My brother, Pay, and I take'care of all thc IBM or01~ard
la~d around.the PerL, n~ of their plsat site. We have been farrninl~ the IBM property silloe 1966 and
we.have.a good workillg relationship with Ii, em.- You have asked me to cheek over Llu; 14 ac~es ofr. Jty
'orchard land in Saratoga, and I have reviewe~ tho work. dc~cripgon provided by Matt Navakovic& In
lookiai~ ov~ the wo~.k deaorlption, it l~ks in ord~, m~d I ~i,,k bo~oally he'a doing i wonderi'tll job or~
'the orchard. There are a.few things thst ! have noticed that could b~ improved. Th~ dead trees don't
look good. I tMak ~ey should be removed and takem ~,t heeause it catl~e~ & bad hriage. One th~g that
is heron the work description is removal of the sueltera that ate gro~.ng fi'om around the tm~ of the
trees. Thor aced to be taken away and there is nothtn~ in the work d~riPlion that indioatoa that these
are to be removed. I wotlld eertainly put that ~ so he could make a better appem'mloe ofthe otohard, to
hive a olean looking orohard, To s~mm_arize, the suckerin~ of the treea a~d removing tho dead trees
importaat Whether or llot the trees should be replanted, it would be.zlioe and I think ~e price th~ yOU
told mc it would cog to r~plant those, is tight in li~e. He would eot be over-oharsing al alL Ii would-
look a lot better aad some people may wonder, why all [h~ dead h'ee~? Is it lark of care or lack o£
water?.. My answer to that is, no, eaPtx~ially wifll chromes. C'berrie~ win die $ometim~jttst
"~ ~/~U ~o' .nd?r ~v~¥. [ ~ ~'t.'a extremely important that t~e i~opher abatem~ pro,am be kepl up
: bccausc gophers'are nol good in orehards; especially for the oherries. Th~'y eat away at the roots sacl the
. first tMng yOU Ic~w~ the tree~ will' die and you are wonde.~ing why..'$o'I tlltlIlC in ¥Ollr program you
sho~d spend some money with gopher abatemeat treatme,~t.
: YOu have'asked about the ty~e ofirrigalion, and if drip izrigation would save :he City some
mon~. There is a lot.of drip irrigation done, arid also in orchards, but I would not recommend it ~ in
~Ie~toga. Ii'you have access to water, I would: continue the ptogxam that Mau is doth8 In using
.aprJnlders, almnimm~ pipe and chug the sprinklers eve~, day; giving it adequate water.
· h~ stmm~a~, I lcaoW Matt ts taking the crops, which in my opinion, which ~eallv doesn't mean
that much. For td~moe, the ehel~ie~ were a bl~nlr thia year..There are no cherries on ~'he tr~s at all So
that means that be has cared for the or, hard all winter long and unable to harvest any ohenie~. The trees
are oldenough to produce, bat beeause ortho mild winter we've had, the same with ua at I~M, we just
.didn't have. any cherries. So you really can't ~x~risider that c~ops are a big ass~. So baetoally, I
Matt Ls do.'ml~ agOocl job other than the few points that I brought out. I think aa ideal situation, ainc~ he
is'a neighbor and right here and availablewith ali the equtpmenz that he has, iS lo conU~ue m maintain
the orohard, .-: -"
:5inoemly,
Division of Agriculture & Natural Resources
San Benlto County
649-A San Benito Street
HoUister, Ca 9S023
(831) 637-S346
FAX (831) 637-7111'
June 30, 2000
David Mooney
Park Maintenance Supervisor
Public Works Departmem
City of Saratoga
19700 Allendale Avenue
Saratoga, CA 95070
Dear Mr. Mooney:
I appreciated the opportunity to meet with you on June 26,2000 and survey.the Heritage
Orchard of-the City of Saratoga. In general, I. found the orchard to be' well-maintained. It
has been irrigated, cultivated, weeded, pruned and sprayed in a' manner similar to most
commercial orchards in the Central Coast region. The prunes were not thinned but
otherwise cultural practices appear to be okay. There are a number of significant ·
problems, that can be managed to some extent that I will document below.
There are many missing, dead or declining trees can be related to three'distinct problems
±'two diseases and one vertebrate pest. The apricot trees that have many missing or dying
limbs are infected with Eutypa diebaek disease caused by the fungus'Eutypa lata. Eutypa
infects pruning wounds that are made during the rainy portion of the year from October
through the spring. The disease spreads slowly until it finally girdles a limb at which time
the limb usually dies suddenly during the summer with the leaves still attached. The only
cure for existing infections is to prune below any sign of infection which might include
discolored bark, oozing of amber-colored gum, bark cracks and discolored interior wood.
The best control measure is prevention. This is best accomplished by pruning after
harvest in late July or August when the threat of rainfall'is minimal. Priming wounds may
be pr°teeted with fungicides but currently none are specifically registered for that
purpose. I have attached an article I wrote on Eutypa control in apricots that should
answer most of your questions. Cherries are also occasionally infected and I spotted at
least one infected cherry tree.
U.8. DEPARTMENT OF AGRICULTURE, UNIVERSITY OF CALIFORNIA AND 8AN BENITO COUNTY COOPERATING
Other apricot ~rees Were killed by gophers. There is a very significant gopher population
in certain' portions of the orchard and it appears that theY have killed many trees in the
Past as well as some recent ones that we'observed. Gophers may be controlled in manY
· ways. A' few may be controlled by trapping or hand-baiting.. Gas pellets (Gastoxin,
Phostoxin) are very effective when deposited in moist burrows. For the population of
gophers thatYou have, I would suggest that you use a mechanical gopher-baiting
machine. I don't know of anyone who does this as a commercial business but some of
these machines are still around that might purchased or rented from growers. I have
enclosed S°me published materials on gopher control. Gophers may also kill cherry and
prone trees.
The third problem presem killing some of the cherry trees is oak root fungus caused by
Armillaria mellea. Oak root fungus often occurs near waterways or where old oak trees
were present. Both of these conditions occur'in your orchard. I do not know what
motstockyou are using for the cherries but Colt and mahaleb are both susceptible. Only
the Mazzard root has any resistance but it may be Unacceptable because of other cultural
Characteristics. Apricots on apricot root are also susceptible to this disease. All apricot
replants in the'infected area should be on Marianna 2624 rootstock. Before re-planting it
is advisable to reduce the mount of the fungus present by pre-plant fumigation. I have
enclosed some information on Armillaria.
I have enclosed a coPy of the University of California Pest Management Guidelines for
apricots as Well as for'cherries. I would recommend purchasing a copy of the new
University of California publication, "Integrated Pest Management for Stone Fruits" that
sells for $35.00 plus tax and is available from any Cooperative Extension office. I was
involved with writing these publications so 'they include observations pertinent to
orchards in our region.'
If you have additional questions, feel free to call me at (831) 637-5346. I am also
available by e-mail at bwwcoates@ucdavis.edu or by FAX at (831)637-7111.
William W. Coates
· Farm Advisor ' '
Tree Fruit and Nut.Crops
June 10,2000
The following is a count of trees at The Heritage Orchard. It goes by the tree canopy. A
full canopy is a mature full producing tree. Young trees are counted as seven (7) years or
younger and are not considered a producer until they are eight (8) years or older.
There are currently 382 producing apricot n-ecs. 168 are seven (7) years or under and will
be producing in the next few years. There are 200 dead or missing .that if replaced will
bring the total number of apricot trees to 750.
The cherries are new. There are 314 under the age of 7 years old and 61 that need to be
replaced'to give the total number of cherries to 375.
There are currently 160 prune trees under production and 105 young trees (under seven
years old) and will be producing in the next-few years. There is also 34 dead or missing
trees, if replaced will bring the total number of prone trees to 299.
There are 25 apricot and 44 prune trees that are a quarter of a tree and only produce a
quarter of what a full canopy of a tree would produce and therefore, could be replaced
down' the road.
Overall, this is a young orchard and has not come under full production, yet. The total
number of trees that occupy this orchard currently is 1,129 trees. If replacements of the
dead trees are made it will bring the total number of trees to 1,424 at this orchard. The
following is a list of the tree counts listed as one quarter (1/4), one half (1/~, three quarter
(3/4), full canopy, young trees, and dead trees.
THIS AGREEMENT made this 1st' day of
-- July _, 1993 bY'and betwee
the CITY OF SARATOGA, a municipal corporation, hereinafter referred to a
City, and MATHEW NOVAKOVICH, hereinafter referred to as Contractor:
WITNESSETH:
WHEREAS, City is the owner of approximately 14.1 acres of real property
located on Saratoga Avenue in the City of Saratoga,~ County of Santa Clara,
State of California, and consisting of a prune
and apricot orchard, and
Contractor is interested in cultivating said orchard, harvesting the
therefrom and selling the same crops
on the following terms COVenants and
conditions: ,
NOW, THEREFORE, IN CONSiDERATioN OFT HE FOLL . . I
and conditional Upon their fulfil-- · · OWING TERMS ANu COVENANTs
· ' ~men= it is hereby agreedby and between the
C~ty and 6ontractor as followS: '
1. Contractor agrees to farm said orchar~ property in a manner
Consistent with good farming Practices, including but not limited to
Spraying, CultiVating,
prUning-, discing, fertilizing, Watering,
replacing trees or grafting of trees, harvesting of crop, and delivery and
selling of crop.
2. City agrees to Provide funds not to exceed $18,000 per crop Year to
assist with farming and maintenance of Orchard,
tees, as long as Contractor agrees to perform 'including replacement of
ilnv°lved in said work or have Performed the labor
harvest of said crop for said Orchard, 'in consideration of the foregoing.
4.. ContractOr agrees to provide City, on an annual basis after
harveSt"''-an'itemized accounting of costs of farming the orch'ard in the
aforementiOned'mannEr, and shall' provide City with receipts showing gros~
sales °r proceeds'from sale of crop resulting from harvest of'said orchard
The Contractor will submit, all invoices for each crop year on or before June
30.of each year..
.. 5. .The termof the agreement shall be from Jul 1 t
each year. This'agreement shall a..~ .... . Y hrough June 30th
' ' ' . ' uuoma~lcally renew fro .
such time as City or Contractor termi--~-_ _ m year to year until
. - '- ,,~ue~ as outlined ·
.Upon termination thereof, Co-~ "
n~rac~or agrees to leave · .
and orderly cOn~.~:__ . ' · Said premises 'n
. . ~. ~on in accord with-o-~ ~ .'
. . ~ ~u zarming fac ' . . .
Santa 'Clara, State of California. ' · p tlces in the. County of
6.~ It is understood and agreed that NOVAKOVICH is an independent
ContractOr and'has not been given and is not given a lease of said premises
Or.any' Part thereof and.acquires no easement nor interest in said real
Property.
7. Anything to the Contrary hereinabove notwithStanding, City
· . Which termination
t.to such from completing any such harvest',
t~rm~nation.short of ~e~'- then as a condition
~ '' '. ~ ~ rm~tt~ng Contractor to complete SUch
reserves the righ% to-terminate the within
wrltten notice to COntractor.I in the ~- · .nse on sixty (60) days prior
' ' ' ' " . ~ven~ C~ty should determine to develop
c
' ' -. annual harvest, at
prevents Contractor
harvesting, City shall reimburse Contractor for all costs and
spraying, cultivating, pruning, discing and otherwise farming said orcha~
property preparatory to such harvest, to the extent that such costs and
expenses would constitute an out-of-pocket loss to said Contractor. In no
event Shall any costs andexpenses incurred by Contractor after receipt of
the aforesaid notice of termination be included in the computation of any of
said losses,
8. In addition to the paragraph above, both City and Contractor each
reserve the right to terminate the within 'license on sixty (60) days prior
written notice to the other, providing the notice ~s presented so that
-termination occurs during the period of October to February of any year.
Neither. party may terminate this agreement during the growing or harvest
season of said orchard under this paragraph
9. ·This agreement.and any and all.rights contained herein is
n°nassignable'by Contractor without thewritten consent of City first had'and
obtained.
IN WITNESS WHEREOF, the partieshereto.have 'executed this agreement the
day and year.first ab0ve written.
CITY OF SARATOGA, A Municipal
' j .
.ATT~ ,, .
CONTRACTOR:
14251 Fruitvale AVenue
Saratoga, Californ'ia 95070
¢4o8) s67-3 3
EXECUTIVE SUMMARY NO.:
MEETING DATE: July 19, 2000
ORIGINATING DEPT.: City Manager
SARATOGA CITY COUNCIL
AGENDA ITEM:
CITY MANAGER:
PREPARED BY: Christoph Korn
DEPARTMENT HEAD:
SUBJECT: Proposed solutions to the deer problem in Saratoga
RECOMMENDED ACTION:
Informational report.
REPORT SUMMARY:
On October 20, 1999, Lieutenant Dennis Baldwin from the Department offish and Game
provide, d the City Council with a presentation on dealing with the increased deer population.
Lieutenant Baldwin suggested using different types of fencing and planting vegetation that was
less appetizing to the deer. Since that time, the City Council has requested that additional
options be reviewed. The only remaining option for review would be to have a deer-culling
program implemented within the City.
The Department ofFish and Game has determined that only individual property owners may
obtain permits for culling deer when damage to agriculture or landscaping has occurred as
outlined on page 3 of the attachment. The property owner would contact the Department of Fish
and Game to apply for the permit. As part of the permit, the City could require the resident to
contract with a specific approved agency to professionally trap the deer and cull the animals on
site. The Department ofFish and Game will not allow trapped deer to be transported to other
areas to be culled due to safety concerns for the animals. Therefore, the contractor would be
required to cull the deer on site using a firearm. Once culled, State law requires that all deer
meat be given to a charitable organization such as a homeless shelter, which could also be
outlined in the permit.
Staff has contacted Animal Damage Management, a pest control specialist from Morgan Hill that
could perform the services as outlined above. Animal Damage Management charges between
$300-$500 to set-up the trap, and an additional $100 per deer culled. The company has also
informed the City that it uses the smallest possible rifle so that the noise is not excessive.
If the City were to implement such a program, the Municipal Code would have to be amended to
allow the discharge of a firearm within the City limits for this specific purpose. In addition if
such a program were implemented, the possibility exists that the City would face opposition from
animal rights groups. The Department ofFish and Game is unaware of any similar programs in
other California cities.
FISCAL IMPACTS:
Dependent on whether the City or the property owners incur the costs for the program.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Not applicable.
ALTERNATIVE ACTION (S):
Not applicable.
FOLLOW UP ACTION:
Not applicable.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Not applicable.
ATTACHMENTS:
1. Department of Fish and Game Depredation Problems Information Sheet.
' Depredat~0n
' :WIL DLIF£ PROTECTION DIVISION '
Depredation Problems Information Sheet
.The Department. of Fish.and Game. provides this information for persons needing
assistal/ce with depredating.animals.
This pamphlet is a short summary'of the rules and regulations that relate to the taking of wildlife for
depredation. This hand-out °nly covers those animals most often involved in depredation.
For a complete sflmmary ofth~ r~gulations or more information please contact the Department Of
Fish and Game at (916) 653-1235 or your local office.
Return to Top ~
Use of Traps For Depredation
A.' Body gripping traps, except steel-jawed traps may be used to to take depredating furbeahng
mammals or nongamd mammals. '
· B. Any person, including non-licensed landowners trapping depredation animals, who traps
furbearinig mammals Or nongame mammals shall obtain a trap number issued by and registered with
the department. All traps,' before being put in use, shall bear only the current registered trap number
or numbers of the person using, or in' possession of those traps. This number shall be clearly stamped
on the trap or~on ametal tag attached to the chain of the trap or to any part of the trap.
'C. All traps shall-be visited at least once daily by the owner of the traps or his designee. Such
d.esignee shall be a licensed trapper and shall carry on his/her person written authorization, as.owner's
-representative, to check traps. In the event that an unforeseen medical emergency prevents a trapper
. from visiting traps an unlicensed person may, with written authorization, check traps as required.
Each time-traps are checked all trapped animals shall be removed.
D. Traps shall not be set or maintained .within 30 feet of any exposed bait. Any bait placed within 30
feet o~' a trap shall be comPletely covered by artificial or natural material so as to make such bait
hidden from view. AS used in this subsection, bait includes any natural or artificial animal, or parts
thereof, except for' scents used as lures. A cotton ball or a patch of wool, on the trap, would be
examples of"baits" that are unlawful to use. A Christmas tree ornament hanging in a tree is an
example of a. "bait" that Would be legal.
E. Traps may not be set within 150 yards of any structure used as a Permanent or temporary
residence, unless such traps are set by a person controlling such property or by a person who has and
is'carrying the written consent 6fthe landowner to so place the trap or traps.
F..It is/~nlawful to' Set traps on land without the owners written permission where such lands are
http ://www.dfg.ca.gov/enforcement/depredat.html 7/14/00
Depreoatlon
fenced, posted or under cultivation.
G. Traps of the conibear type with a jaw opening larger than 8" x 8" may b6 used only in sets where
the trap is wholly or partially submerged in water or is within 100 feet of permanent water or is
within 100 feet of seasonally flooded marshes, pastures, agricultural lands or floodways when
standing or running water is present, or within the riparian vegetation zone when found within the
area defined in section 463(a) where the take of beaver is permitted.
H. See complete text of regulations for conibear prohibited zones.
Use of Poison
It is unlawful to use poison to take furbearing mammals without a permit from Fish & Game and/or
the Department of Food and Agriculture. Nongame birds and mammals may not be taken by use of
poison. (Section 475, Title 14, CCR)
Nongame Birds Defined
All birds occurring naturally in Califomia which are not resident game birds, migratory game birds,
or fully protected birds, are nongame birds.
Return to Top
Nongame Birds and Mammals
The following nongame birds and mammals may be taken at any time' of the year and in any number
except as prohibited in the Fish 'and Game Code: English sparrow, starling, coyote, weasel, skunk,
opossum, moles and rodents (excluding tree and flying squirrels, and those listed as furbearers,
endangered or threatened species).
American crows may be taken only under the provision of Section 485, Title 14, CCR by landowners
or tenants, or by persons authorized in writing by such landowners or tenants, when American crows
are committing or about to commit depredations.
Migratory Birds
Permitted taking of depredating blackbirds, Cowbirds, grackles, crows and magpies
A Federal permit shall not be required to control yellow-headed red-winged, bi-colored red-winged,
tri-colored red-winged; Rusty and Brewer's blackbirds, cowbirds, all grackles, crows and magpies,
when found committing or about to commit depredations.
Return to Top
Permitted taking of depredating designated species of birds in California
In any county in California in which meadowlarks, homed larks, golden-crowned, white-crowned,
http://www.dfg.ca.gov/enforcement/depredat.html 7/14/00
Depreoanon . -~ .......
and other crowned sParrows, goldfinches, house finches, acorn woodpeckers, Lewis woodpeckers,
flickers are, under extraordinary condition, seriously injurious fo agricultural Or other interests,
the Commissioner of Agriculture may, without a permit, kill or cause to be killed under his general
supervision such 0fthe above migratory birds as may be necessary to safeguard any agricultural or
horticultural c?0p in thec0unty.
Permitted taking of'birds injuring' growing crops
Nongame birds not Covered by the. Migratory Bird Treaty Act which are found to be injuring growing
crops or property may be taken by the owner or tenant of the premises.
Return to Top_ .
What .other Wildlife can be taken for destroying property?
Permit for taking of deer damaging or destroying property or land
Any owner or tenant of land or property that is being damaged or destroyed or is in immediate danger
'of being damaged or destroyed by deer may apply to the department for a depredatiOn permit. (F&G
Code.4181.5) ~
The follOwing wildlife can be taken for depredation under regulations or permits:
Badger:
May be taken at any time and in any manner in accordance with the Fish and Game Code. May be
traPped by licensed trapper, owner of the land or agent of either. May be live trapped and relocated
with.permission of the Department. May be taken by poison with permit. (F&G Code 4003)
Bear:
May be _taken by p~rmit only.
Return to Top -
Beaver:
May be taken at any time and in any manner in accordance with the Fish and Game Code. May be
· taken by licensed trapper, owner of the land or agent of either. May be live trapped and relocated with
permission of the Department. May be taken by poison with permit. (F&G Code 3801.5)
Blackbirds:
May be' taken by the land owner or tenant or agent of either. May not be taken at night or by poison.
(F&G Code 3801.5)-
-Crows:
With proof'ofcrop damage, may be taken by the land owner, tenant or agents of either with written
-httP://wwW. dfg:ca, gov~enforcement(depredat.html 7/14/00
Dcpreoatlon
permission per 21.43 Code of Federal Regulations, Title 50.
Return to Top
Coyotes:
May be taken at any time, in any manner by the owner or tenant of the premise or employees thereof
in accordance with Section 472, Title 14, CCR.
Deer:
May be taken under permit or by licensed hunters during legal deer season.
Fur-bearing mammals:
Fur-bearing mammals which are injuring property may be taken at any time and in any manner in
accordance with F&G Code 4180.
Return to Top
Opossum:
May be taken at any time and in any manner by the owner or tenant of the premise or employees
thereof in accordance with Section 472, Title 14, CCR.
Pigeons (rock doves):
Are not regulated, they are feral domestic fowl.
Raccoons:
May be taken at any time and in any manner in accordance with the Fish and Game Code. May be
trapped by licensed trapper, land owner or agent of either. May be live trapped and relocated with
permission of Department ofFish and Game. May be taken with poison under permit. (F&G Code
4003)
Return to Top
Skunk:
May be taken at any time and in any manner by the owner or tenant of the premise or employees
· thereof in accordance with Section 472, Title 14, CCR.
English house sparrows and starlings:
May be taken by any means or any person, except poison or at night in accordance with Section 472,
Title 14, CCR.
Rodents:
http://www.dfg.ca.gov/enforcement/depredat.html 7/14/00
Depreciauo~
May be taken at any time, in any manner by the owner or tenant of the premise or employees thereof
in accordance with Section 472, Title 14, CCR.
- Return'to Top - To WPD Home Page
- To DFG Home Page
For more info you may E-mail -:"': "' 'Warden Liz Schwall- at the Department ofFish & Game.
State of California,
Department ofFish & Game
1416 9th Street -- Room 1342-1
Sacramento, .Ca 95814
rev: 3/25/97-- http://www.dfg.ca.gov/Wpd/depredat.html
http ://veww. dfg. ca. g°v/enforcement/depreflat .html 7/14/00
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: July 5, 2000
ORIGINATING DEPT.: City Manager
AGENDA ITEM:
SUBJECT: ~DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
RECOMMENDED MOTION:
That Council selects a member of the City of Saratoga's City Council to be the voting delegate.
REPORT SUMMARY:
On September 7, 2000 through September 9, 2000 the League of California Cities will hold their
annual conference. One very important aspect of the annual conference is the annual business
meeting when the membership takes action on conference resolutions. To expedite the conduct of
business at this policy-making meeting each city council should designate a voting representative
and an alternate who will be present at the annual business meeting.
The League bylaws provide that each city is entitled to one vote in matters effecting municipal or
League policy.
FISCAl., IMPACT:
None
ADVERTISING, NOTICING
AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT
ACTING ON MOTION:
The City of Saratoga would not have a voting delegate at the League's business meeting.
FOLLOW UP ACTIONS:
City Clerk will fax completed "Voting Delegate Form" to the League of California Cities.
ATTACHMENTS: A. Letter from League of California Cities
B. Voting Delegate Form
Be[ter Cities-A Better Life
L aqo of (aliiornia [iti s/
1400 ~ ~trcct
Sacramcmo. CA
916.658.8200
FAX 9 l 6.658.8240
wv.,w, cacitics.org
June 2000
To:
From:
Re:
The Honorable Mayor and City Council
John Ferraro, League President, Council President, Los Angeles
Designation of Voting Delegate for League Annual Conference
This year's League Annual Conference is scheduled for Thursday, September 7
through Saturday, September 9, 2000 in Anaheim, CA. One very important aspect of
the annual conference is the annual business meeting when the membership takes
action on conference resolutions. Annual conference resolutions guide cities and the
League in our efforts to improve the quality, responsiveness and vitality of local
government in California. It is important that all cities be represented at the annual
business meeting on Saturday, September 9, 2000, at 9 a.m. at the Anaheim
Convention Center.
To expedite the conduct of business at this important policy-making meeting,
each city council should designate a voting representative and an alternate who
will be present at the annual business meeting. League bylaws provide that each
city is entitled to one vote in matters affecting municipal or League policy. A voting card
will be given to the city official designated by the city council on the enclosed "Voting
Delegate Form." If the mayor or a member of the city council is in attendance at the
conference, it is expected that one of these officials will be designated as the voting
delegate. However, if the city council will not have a registered delegate at the
conference but will be represented by other city officials, one of these officials should
be designated the voting delegate or alternate.
Please complete and return the enclosed "Voting Delegate Form" to the Sacramento
office of the League at the earliest possible time (not later than Friday, August 18,
2000), so that proper records may be established for the conference. The voting
delegate may pick up the city's voting card at the designated Voting Card desk located
in the League registration area.
The voting procedures to be followed at this conference are printed on the reverse side
of this memo.
Your help in returning the attached "Voting Delegate Form" as soon as possible is
appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236.
LEAGUE OF CALIFORNIA CITIES
2000 ANNUAL CONFERENCE'
VOTING DELEGATE FORM
VOTING .DELEGATE:
'(Name)
VOTING ALTERNATE:
(Title)
(Name)
(Title)
ATTEST:
(Name)
(Title)
Please complete and return to:
League of'California Cities .
Attn: Lorraine Okabe
'1400. K .Street'
Sacramento, CA 9581'4
~Fax: (91.6) 658-8240
Deadline:' Friday, August 18, :~000
P°[icy\acres~-votedel.ltr'
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: July 5, 2000
AGENDA ITEM:
CITY MANAGER:~~---'~
ORIGINATING DEPT.: City Manager
PREPARED BY: City Clerk
SUBJECT: APPOINTMENT OF CITY COUNCILMEMBER LIAISON TO
SARATOGA UNION SCHOOL DISTRICT
RECOMMENDED MOTION:
That Council appoint one Councilmember to act as a liaison to the Saratoga Union School
District.
REPORT SUMMARY:
On July 11, 2000 the City Council held a joint session with the Saratoga Union School District.
The District provided a copy of the matrix of activity for the Saratoga School to the Council.
One activity to be completed was to appoint one person from each elected body to meet and
foster greater cooperation and understanding between the two public agencies.
FISCAL IMPACT:
None
ADVERTISING, NOTICING
AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT
ACTING ON MOTION:
Appointment will not be made.
FOLLOW UP ACTIONS:
Send appointment confirmation to Saratoga Union School District.
ATTACHMENTS:
None.
MEETING DATE: July 5, 2000
ORIGINATING DEPT.:- City Manager
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM: ,
CITY MANAGER:~
PREPARED BY: City Clerk
SUBJECT: APPOINTMENT OF CITY COUNCILMEMBER LIAISON TO
SARATOGA UNION SCHOOL DISTRICT
RECOMMENDED MOTION:
That Council appoint one Councilmember to act as a liaison to the Saratoga Union School
District.
REPORT SUMMARY:
On July 11; 2000 the City Council held a joint session with the Saratoga Union School District.
The District provided a copy of the matrix of activity for the Saratoga School to the Council.
One activity to be completed was to appoint one person from each elected body to meet and
foster greater cooperation and understanding between the two public agencies.
FISCAL IMPACT:
None
ADVERTISING, NOTICING
AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT
ACTING ON MOTION: -
Appointment will 'not be made.
FOLLOW UP ACTIONS:
Send appointment confirmation to Saratoga Union School District.
ATTACHMENTS:
None.
EXECUTIVE SUMMARY NO.
MEETING DATE: July 5, 2000
ORIGINATING DEPT.: City Manager
SARATOGA CITY COUNCIL
AGENDA ITEM: i~
CITY MANAGER: \~ &D~.~,~[L~
PREPARED BY: City Clerk
sUBJECT: SELECTION OF CITY COUNCILMEMBER TO PARTICIPATE IN
COMMISSIONING OF PAINTING.
RECOMMENDED MOTION:
That Council select one Councilmember to participate in the commissioning of painting..
REPORT SUMMARY:
On June 7, 2000 the City Council heard a report by Mr. William J. McDonald, President of the
Friends of the Saratoga Libraries. He explained the family of Mary Givens Slane wishes to
commission and purchase one and possibly two oil paintings to serve as a permanent memorial
of their wife, aunt, and daughter. The family of Mary Givens Slane will transfer ownership of
the painting(s) to the City of Saratoga or to the Friends. The paintings will be hung in a
prominent location in the expanded renovat., ed Saratoga Library. Mr. McDonald indicated that a
selection panel will be formed to commission an artist and would like to invite any member of
the Council to participate in the selection process.
FISCAL .IMPACT:
None
ADVERTISING, NOTICING
AND PUBLIC CONTACT:
None.
CONSEQUENCES OF NOT
ACTING ON MOTION:
Selection will not be made.
FOLLOW UP ACTIONS:
Send confirmation of participating CounCilmember to Friends of the Saratoga Library.
ATTACHMENTS:
None.