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HomeMy WebLinkAbout08-02-2000 City Council Agenda PacketKEEP ONE YEAR REGV SARATOGA ti AUGUST 2, 2000 ADJOURNED TO CLOSED SESSION — 6:00 P.M. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Attorney Conference with Legal Counsel — Existing Litigation (Gov't Code 54956.9(a) Chiang v. Barnes et al., Santa Clara County Superior Court No. CV785117 Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation (Gov't Code 54956.9(b)): 2 cases 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 28, 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 1. Presentation by Government Finance Officers Association to Mary Jo Walker, Director of Administrative Services and Ray Galindo, Accounting Supervisor for "Certificate of Achievement for Excellence in Financial Reporting". Recommended action: Accept certificate. CONSENT CALENDAR 2A. Approval of Council Minutesof: July 11, 2000 - Adjourned Meeting July 19, 2000 - Regular Meeting July 19, 2000 - Closed Session Recommended action: Approve submitted minutes. 2B. Review of Check Register. Recommended action: Note and file. 2C. Review Planning Commission Actions Minutes of: July 26, 2000. Recommended action: Note and file. 2D. John Skidmore, Claimant: Claim No. 99-010. Recommended Action: Reject claim. 2E. Authorization to City Manager to execute 5th Amendment to the Agreement between Santa Clara County and the City of Saratoga for abatement of weeds and brush. Recommended action: Approve authorization to execute agreement. 2F. Resolution to Amend Memorandum of Understanding (MOU) for wages, employee Benefits and conditions of employment between the City of Saratoga and the Saratoga Employees Association dated July 1, 1999. Recommended Action: Adopt resolution. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public 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. Appeal of Planning Commission decision. Property located at 20571 Komina Avenue, Saratoga Tennis Club. Recommended action: Deny the appeal and uphold Planning Commissions decision. 4. Approve resolution of confirmation of report and assessment of weeds and brush abatement. Recommended action: Approve resolution. OLD BUSINESS 5. Status report on Saratoga Creek Settlement agreement. Recommended action: Accept report. NEW BUSINESS 6. Authorization to execute agreement with Dave Anderson for City Manager position. Recommended action: Approve authorization to execute agreement. 7. Presentation by Cary Bloomquist: Status of Saratoga Playfields. Recommended Action: Accept report and direct staff accordingly. 8. Reappointment of Jim Stallman, representative to the Valley Transportation Authority Bicycle Advisory Committee (BAC). Recommended action: Reappoint representative. 9. Approval of resolution accepting offer of right-of-way on Mt Eden Road for trail improvements. Recommended action: Approve resolution accepting the dedication. 10. Report on Legal Options to Limit Conversions of Commercial Retail Uses to Office Uses Recommended action: Accept report and direct staff accordingly. 11. Authorization to City Manager to award contract to BSA Architects for Library Expansion Project. Recommended action: Approve authorization to execute contract. 12 Authorization to City Manager to negotiate an agreement to contribute up to $20,000 for a premium men's clothing store to relocate to the Saratoga Village. Recommended action: Authorize negotiation. 13. Consideration of a Request for Proposals for leasing Hakone Gardens. Recommended action: Accept report and direct staff to prepare RFP. 14. Consideration of winery directional signs. Recommended action: Accept report and direct staff accordingly. 15. Report on Valley Transportation 2020 Projects. Recommended action: Informational. Direct staff accordingly. 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 reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) August 8, 2000 August 16, 2000 August 22, 2000 September 6, 2000 SCHEDULED CITY COUNCIL MEETINGS Joint Session — Cancelled No Meeting — Summer Recess No Meeting — Summer Recess Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California 7:00 p.m. /0, • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: MEETING DATE: June 7, 2000 CITY MANAGER: ORIGINATING DEPT.: City Manager PREPARED BY: SUBJECT: "PRESENTATION BY GOVERNMENT FINANCE OFFICERS ASSOCIATION RECOMMENDED MOTION: Accept certificate. REPORT SUMMARY: The City's comprehensive annual financing report for the fiscal year ended June 30, 2000 qualified for a Certificate of Achievement for Excellence in Financial Reporting. The certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. FISCAL IMPACT: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING ON MOTION: N/A FOLLOW UP ACTIONS: N/A ATTACHMENTS: Letter from Government Finance Officers Association dated June 8, 2000. GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite B00, Chicago, Illinois 60601 June 08, 2000 312/977-9700 • Fax: 312/977-4806 The Honorable Stan Bogosian Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Bogosian: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended June 30, 1999 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate of Achievement plaque will be -shipped to: Ms. Mary Jo Walker Administrative Services Director under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, enclosed are a sample news release and the Certificate Program "Results" for reports with fiscal years ended during 1998 repre- senting the most recent statistics available.. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Stepheri J. Gauth Director/Technical SJG/ds Services Center • • WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax:-312/977-4806 June 8, 2000 For information contact:• NEWS RELEASE Stephen Gauthier (312) 977-9700 (Chicago) --The Certificate of Adhievement-for Excellence in Finan- cial Reporting has beenrawarded to: City of Saratoga, CA by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplish- ment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award - winning CAFR. This has been presented to: Mary Jo Walker, Administrative Services Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 14,000 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 350, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 • • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: MEETING DATE: August 2, 2000 CITY MANAGER: SJL---5`1it it ORIGINATING DEPT.: City Manager PREPARED BY:eV112/0 SUBJECT: APPROVAL OF COUNCIL MEETING MINUTES RECOMMENDED MOTION: That Council approve the minutes as submitted. REPORT SUMMARY: Attached are the draft minutes of the following meetings: Adjourned Meeting — Julyl 1, 2000 Closed Session — July 19, 2000 Regular Meeting — July19, 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: Draft minutes. MINUTES SARATOGA CITY COUNCIL ADJOURNED MEETING JOINT SESSION HERITAGE PRESERVATION SARATOGA UNION SCHOOL DISTRICT July 11, 2000 The City Council of the City of Saratoga met in a scheduled adjourned Council Meeting on July 11, 2000 at the Adult Care Center, 19655 Allendale Avenue. Mayor Bogosian called the adjourned City Council meeting to order at 7:00 p.m. and requested Councilmember Nick Streit to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Mayor Stan Bogosian ABSENT: None ALSO Bill Norton, Interim City Manager PRESENT: Cathleen Boyer, City Clerk James Walgren, Director of Community Development Eric Pearson, Assistant Planner/Heritage Preservation Commission, Liaison REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 11, 2000. Cathleen Boyer, City Clerk reported that pursuant to Government Code Section 554954.2, the agenda for the meeting of July 11, 2000 was properly posted on July 7, 2000. COMMUNICATIONS FROM PUBLIC The following person spoke at tonight's meeting: Chuck Page, 20790 Norada Court, Saratoga, CA, spoke of the lack of communication between City Hall and Saratoga residents. He indicated that he designed a pamphlet with information pertinent for new home buyers. He suggested local real estate agents might include it in an informational packet given to perspective buyers in Saratoga. JOINT MEETING WITH HERITAGE PRESERVATION COMMISSION Mayor Bogosian welcomed the Heritage Preservation Commission and asked the Chair to introduce the commission members. s • • City Council Minutes July 11, 2000 Norman Koepernick, Chair/Heritage Preservation Commission introduced commission members. Representing the Heritage Preservation Committee: Willis Peck Jill Hinter Bob Peepari Carolyn King Beth Wyman 1. STATUS ON THE HERITAGE ORCHARD Norman Koepernick reported the Commission had several ideas on how the Heritage Orchard could benefit schools, children and adults in the community. He also noted he had over 100 letters signed by residents to save the orchard. He suggested the Heritage Preservation Commission take control of the Heritage Orchard and would hope the City could allocate funds to help them beautify it. Beth Wyman/ Heritage Preservation Commissioner explained to the Council a few ideas on how the orchard could be used educationally. She feels the Commission could write a 3rd grade curriculum incorporating the historic value of the Heritage Orchard. She suggested local residents who remember how orchards used to be could speak to the groups. Possibly the Recreation Department could offer classes on pruning and grafting. She also stated that the Commission would like to start an "Adopt a Tree" program. Ms. Wyman explained she would like to apply the Heritage Orchard to the California State Points of Interest. She noted she has already prepared the application but the Council would need to sign it. Once approved the Heritage Orchard would be listed in a guidebook with all of the other points of interest in California. Mayor Bogosian asked if the designation of being a historical landmark could prevent a future City Council authority to allow any building on the property. Ms. Wyman noted that it could be used as a very good political argument that might work to the citizens' advantage. Councilmember Streit suggested Hakone Gardens and Villa Montalvo should also be included in the application for "California's Points of Interest". He noted that he supported the idea of an "Adopt a Tree" in the Heritage Orchard. Mayor Bogosian suggested developing a well on the property so the City would not have to buy water from San Jose Water. Councilmember Waltonsmith noted that the survey results clearly indicated that the residents of Saratoga want the Heritage Orchard kept as is and used as an educational tool for the community. She indicated any efforts from the Heritage Preservation Commission would be appreciated. City Council Minutes July 11, 2000 2. POSSIBILITY OF CITY ADOPTING AN IMPLEMENTING ORDINANCE FOR THE MILLS ACT Eric Pearson, Assistant Planner/Historic Preservation Committee Liaison explained to the Council that the Mills Act is similar to the Williamson Act. It is a state sponsored legislation granting local governments the authority to directly participate in an historic preservation program. More importantly, the Mills Act is a self directed, economic incentive program designed to provide private property owners the opportunity to actively participate in the restoration of their properties while receiving property tax relief It is a 10-year contract. The decrease in revenue is insignificant to the City. Mr. Pearson also noted all cost of implementing this program to the City and staff would be presented to Council at a future date. Councilmember Waltonsmith asked if there were standard procedures on implementing the Mills Act. She also noted that it would be a way the City could save historic property. Beth Wyman reported the City of San Jose charges $200 -$400 per application and has a long complicated agreement, but some cities have a broiler plate agreement. Basically, it is a ten-year agreement where the property owner agrees to maintain the historic value of that particular piece of property. Mayor Bogosian thanked the Heritage Preservation Commission for attending tonight's meeting. Mayor Bogosian declared a recess at 8:47 p.m., reconvening at 8:55 p.m. JOINT MEETING WITH SARATOGA UNION SCHOOL DISTRICT Stephanie Petrossi, President/SUSD, introduced the members of the Saratoga Union School District Board. Representing the School Board: Bonnie Yamaoka Aileen Kao Cindy Ruby Stan Perry Mary Gardner, Superintendent Stephanie Petrossi announced that the ribbon cutting for Saratoga School would be at 1:00 p.m. and Redwood Middle School at 3:00 p.m. on Saturday, August 26, 2000. 1. IMPLEMENTATION OF COOPERATIVE AGREEMENT DATED JUNE 4, 1999. Ms. Petrossi acknowledged that the Board did not notice the City of Saratoga when the two eucalyptus trees were cut down nor was a public hearing held. When the arborist 3 1 • City Council Minutes July 11, 2000 said to remove the trees the Board checked the Negative Declaration and the Mitigation Reports but failed to check the Cooperative Agreement with the City. She also noted that there would be a 3:1 ratio of new trees planted on the school grounds. Mary Gardner, Superintendent/SUSD, explained that Oak Street has been widened for better drop off and pick up access. The completion date of Saratoga School, except for the main building, is expected to be on August 29, 2000. Since the main building won't be ready a few portable will be brought in and the multipurpose room will have to be used by several classes for extra curricular subjects such as art and music. She explained that the fields would be landscaped today but won't be usable for a few months because of the type of grass seed that will be planted. Ms. Gardner also noted the feasibility study for traffic circulation and congestion management will begin about a month after school starts so that the parents get used to the new routine. She indicated the SUSD sent out a survey regarding starting a bus program. They received about 90% response from Saratoga School and 50% response from Redwood Middle School. Out of 1,400 responses 500 parents said they would be willing to pay for the use of busses. Councilmember Mehaffey questioned the cost of the construction of the new foundation on the main building at Saratoga School. He wondered if the construction costs were being pulled out of the bond money. Ms. Petrossi responded she has applied for State Emergency Funds in which the District doesn't have to pay back and the use of some contingency funds will pay for the new foundation. 2. CONTINUED COOPERATION Ms. Petrossi asked the City Council consider appointing one member to act as a liaison to meet with the Board and foster greater cooperation and understanding between the two public agencies. She noted maybe incidences like the eucalyptus trees wouldn't happen again if the Board and the City had communicated better. She suggested they meet once a month. Councilmember Streit supports the idea of a liaison to the District. He thinks it would open the line of communication and perhaps ongoing issues like safety, use of playfields, and traffic could be dealt with at these monthly meeting and the two groups could work together to find solutions. Mayor Bogosian also supports the idea of a liaison to the District. He suggested all the other school districts that serve Saratoga be included and meet quarterly not monthly. Mayor Bogosian asked for a consensus of Council to put on the next agenda selection of liaison for the Saratoga Union School District. Approved unanimously. 4 City Council Minutes 3. FUTURE ISSUES July 11, 2000 Mayor Bogosian asked the Board about the status on the footpath realignment at Foothill Park. Stan Perry, SUSD Board Member, explained the path realignment is still being worked out. He expressed the main concern was the safety of the students. Ms. Gardner noted the EIR regarding Verde Vista and Saratoga -Sunnyvale Road was finished and the consultant recommended a traffic light at that intersection. She suggested when the City has the funding to install new traffic lights they could consider that location. Ms. Gardener also noted it was very difficult to hire needed crossing guards. Councilmember Waltonsmith suggested putting an announcement in the next Saratogan advertising crossing guard positions available. Mayor Bogosian thanked the Saratoga Union School Board members for participating in the meeting. NEW BUSINESS None , CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 8:47 p.m. Respectfully submitted, Cathleen Boyer, City Clerk • • MINUTES SARATOGA CITY COUNCIL CLOSED SESSION JULY 19, 2000 The City Council of the City of Saratoga met in Closed Session, in the Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. for the purpose of Public Employment pursuant to Gov. Code Sec. 54597; Title: City Manager (discussion on potential employment of new City Manager) CALL TO ORDER Mayor Bogosian called the meeting to order at 5:35 p.m. ROLL CALL PRESENT: Evan Baker John Mehaffey Nick Streit Ann Waltonsmith Stan Bogosian ALSO PRESENT: Bill Norton, Interim City Manager Richard Taylor, City Attorney REPORT OF CITY CLERK POSTING OF AGENDA FOR R JULY 19, 2000 Pursuant to Government Code 54956, the agenda for this meeting was properly posted on July 14, 2000. 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. 1 ADJOURN TO CLOSED SESSION CLOSED SESSION Public Employment pursuant to Gov. Code Sec. 54597; Title: City Manager (discussion on potential employment of new 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 6:30 p.m. Respectfully submitted, Cathleen Boyer, City Clerk City of Saratoga • • • MINUTES SARATOGA CITY COUNCIL JULY 19, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:30 p.m Anticipated Initiation of Litigation Pursuant to Gov't. Code 54956.9(cc), and Conference with Labor Negotiator (Gov't Code 54957.6). Mayor's Report on Closed Session — 7:05 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the regular City Council meeting to order at 7:06p.m. and requested Commissioner Beth Wyman to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Mayor Stan Bogosian. ABSENT: None ALSO PRESENT: Bill Norton, Interim City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk James Walgren, Dir. Community Development Mary Jo Walker, Dir. of Administrative Services John Cherbone, Dir. of Public Works Cary Bloomquist, Administrative Analyst Chris Korn, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 19, 2000. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 554954.2, the agenda for the meeting of July 19, 2000 was properly posted on July 14, 2000. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items None. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None City Council Minutes July 19, 2000 WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS — COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS - 7:35 P.M. 1. COMMENDATION FOR WILLYS PECK — HERITAGE PRESERVATION COMMISSIONER STAFF RECOMMENDATION: Present Commendation. Mayor Stan Bogosian read commendation and presented it to Willys Peck for his service to the City of Saratoga. Norman Koepernick, Chair/Heritage Preservation Commission presented Mr. Peck with an "oscar". CONSENT CALENDAR 2A. APPROVAL OF MINUTES — REGULAR MEETING OF JULY 5, 2000 STAFF RECOMMENDATION That Council approve minutes of July 5, 2000 as submitted. Mayor Bogosain pulled the minutes of July 5, 2000 from the consent calendar. Mayor Bogosian requested the following be added to page 9, paragraph 4 Mayor Bogosian noted that the City subsidizes the Chamber of Commerce providing the building essentially free of charge. He explained that he did not view this as a cost of living increase. Mayor Bogosian indicated that this has been the first Council in many years to examine the relationship with the Chamber of Commerce. Councilmember Baker indicated there was a spelling error on page 9. Should be Mr. Cooper not "Mr. Copper". Councilmember Mehaffey indicated under Ceremonial Item #3 Appointment of Citizen Oversight Committee, only three out of the five newly appointed members to the committee were present that evening and suggested that the minutes reflect that. The minutes shall read as follows: - Cathleen Boyer, City Clerk, administered Oath of Office to the following newly appointed committee members: Eva Giordano, Donald Johnson, and Alan King. Norman Siegler and Susan Calderon were unable to attend tonight's meeting but will come into the Clerk's Office to take their oath at a later date. 2 City Council Minutes' July 19, 2000 Coucilmember.Mehaffey also noted on page 4 Consent Calendar Item # 6D. He asked that the motion read as follows: - STREIT moved action minutes of June 28, 2000 be noted, seconded by Mehaffey and carried unanimously. Councilmember Mehaffey noted page 7, paragraph 4:. spelling error should be peak not "peek". Councilmember Mehaffey noted on page 7, paragraph 5: missing word. The sentence should read as follows: - Mr. Mitchell stated that on June 7, 2000 PG & E performed a system -wide drill to prepare for the high temperatures predicted for the following week. Councilmember Mehaffey noted on page 8, paragraph 8: he disagreed that the additional funding of $6600 to the Chamber that would complete at he hiring of an economic development coordinator. Bill Norton, Interim City Manager explained the word "complete" should be "compliment". Councilmember Mehaffey noted page 9, paragraph 6: missing word. The sentence should read as follows: - Mayor Bogosian indicated that Bill Norton, Interim City Manager, should take the agreement back to Chamber of Commerce for renegotiation. Councilmember Mehaffey noted page 10, paragraph 1: spelling error should be Mr. Norton not "Mr. Noted". Also, paragraph 1: he suggested that "establishments which" should read "establishments they". Councilmember Mehaffey noted page 11, paragraph 5: delete the word "a". Sentence should read as follows: - Councilmember Baker indicated that unless you look at the long-term master plan you might build some things in the wrong place. MEHAFFEY moved minutes of July 5, 2000 be approved with added corrections, seconded by STREIT and carried unanimously. APPROVAL OF MINUTES — CLOSED SESSION OF JULY 6, 2000. STAFF RECOMMENDATION: That Council approve the minutes of July 6, 2000, as submitted. STREIT moved minutes of July 6, 2000 be approved, seconded by BAKER and carried unanimously. 3 City Council Minutes July 19, 2000 APPROVAL OF MINUTES — CLOSED SESSION OF JULY 12, 2000 STAFF RECOMMENDATION: That Council approve the minutes of July 12, 2000, as submitted. STREIT moved minutes of July 6, 2000 be approved, seconded by BAKER and carried unanimously. APPROVAL OF MINUTES — CLOSED SESSION OF JULY 13, 2000 STAFF RECOMMENDATION: That Council approve the minutes of July 13, 2000, as submitted STREIT moved minutes of July 6, 2000 be approved, seconded by BAKER and carried unanimously. 2B. APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: That Council approve check register as submitted. Councilmember Mehaffey removed item 2B from the Consent Calendar. Councilmember Mehaffey questioned the following journal entries on the check register: Saratoga Union School District and Segal Brothers. Mary Jo Walker, Director of Administrative Services, indicated the check issued to Saratoga Union School District was payment for crossing guard services and Segal Brothers was a contractor being used in the renovation of the Community Center. MEHAFFEY moved check register be approved as submitted, seconded . by WALTONSMITH and carried unanimously. 2C. APPROVAL TREASURER'S REPORT FOR MONTH ENDED JUNE 30, 200. STAFF RECOMMENDATION: That Council approve report as submitted. MEHAFFEY moved Treasurer's Report be approved, seconded by WALTONSMITH and carried unanimously. 4 City Council Minutes July 19, 2000 • 2D. APPROVAL OF PLANNING COMMISSION ACTION MINUTES OF JULY 12, 2000. STAFF RECOMMENDATION: That Council note and file minutes as submitted. BAKER moved action minutes of May 24, 2000 be noted and filed, seconded by STREIT and carried unanimously. 2E. RAM MOHAN, CLAIMANT; CLAIM NO. 99-005. STAFF RECOMMENDATION: That Council deny claim. BAKER moved to approve denial of Claim No. 99.005, seconded by STREIT and carried unanimously. 2F. JULIE A. CHENEY & MARK A. COILEY, CLAIMANT; CLAIM NO. 99-OO1A & B. STAFF RECOMMENDATION: That Council reject claim. BAKER moved to approve denial of Claim No. 99-009A & 99-009B, seconded by STREIT and carried unanimously. 2G. HILLARY CAMPBELL, CLAIMANT; CLAIM NO, 99-008. STAFF RECOMMENDATION: That Council settle claim. BAKER moved to approve settlement of Claim No. 99-008 seconded by STREIT and carried unanimously. 2H. APPROVAL OF 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. STAFF RECOMMENDATION: That Council approve resolution. TITLE OF RESOLUTION: 00-044 RESOLUTION 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. 5 City Council Minutes July 19, 2000 Councilmember Mehaffey pulled item 2H from the Consent Calendar. Councilmember Mehaffey questioned how the $9,134.00 was going to be spent. He also asked if the resolution was approved does the money go towards Green Valley's overhead to run the suggested programs or does the City have to fund that also. Cary Bloomquist, Administrative Analyst explained that the money goes directly to the West Valley Solid Waste Management Authority. According to Scott Hobson, Executive Director/JPA, the money participating cities in the JPA receive will be spent on advertising beverage container recycling and litter prevention programs in the newsletter that Green Valley publishes quarterly. Green Valley hopes to improve public awareness on such issues. Councilmember Streit noted the JPA thought it was the most economic way to get the funding from the California Department of Conservation if the four Cities applied for this together. He also noted that if the Council had other ideas on how the funding could be spent he is willing to take them back to the Board at the next meeting in September. Councilmember Baker indicated since Councilmember Streit was on the West Valley Solid Waste Management Authority Board he could support the resolution. He suggested that next year the JPA look at other uses for the funds besides advertising. MEHAFFEY moved to approve the Executive Director of the JPA to request funds, seconded by WALTONSMITH and carried unanimously. 2I. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO J.J.R CONSTRUCTION FOR 2000 ANNUAL CONCRETE REPAIR PROJECT. STAFF RECOMMENDATION: That Council approve authorization to award contract. BAKER moved to award contract to J.J.R Construction, seconded by STREIT and carried unanimously. 2J. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO CALIFORNIA STREET MAINTENANCE FOR CITY OF SARATOGA STREET SWEEPING CONTRACT. STAFF RECOMMENDATION: That Council approve authorization to award contract. Councilmember Mehaffey pulled item 2J from the Consent Calendar. Councilmember Mehaffey indicated noticing the parking lot at Hakone Gardens were included on the schedule of street sweeping, but questioned whether the road up to the gardens would be cleaned too. He also wanted to know if the City's insurance requirements 6 City Council Minutes July 19, 2000 were going to be met, as it wasn't included in the report. John Cherbone, Director of Public Works indicated the road might be too steep for sweeping but he will contact the contractor and get back to him a later time. In regards to the insurance requirements, it will be added to the standard contract, signed by the contractor and approved by the City Attorney. Mayor Bogosian inquired if there has been any improvement to the parking lot in the parking lot of Hakone Gardens. He also noted that if the street sweeper were to clean the gardens, there might be a possibility of damage to the road. John Cherbone responded that he and the City Manager are currently working on a new contract with the Hakone Foundation and the parking lot improvements are included in the contract. In regards to the durability of the road, he will check with the contractor. MEHAFFEY moved to approve contract with California Street Maintenance, seconded by WALTONSMITH and carried unanimously. 2K. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO PARSONS HARLAND BARTHOLOMEW & ASSOCIATES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT. STAFF RECOMMENDATION: That Council approve authorization to award contract. BAKER moved to award contract to Parsons Harland Bartholomew & Associates, seconded by STREIT and carried unanimously. 2L. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO ROBERT SCHUBERT, AICP, TO PROVIDE LAND USE PLANNING SERVICES. STAFF RECOMMENDATION: That Council approve authorization to award contract. BAKER moved to award contract to Robert Schubert, AICP, seconded by STREIT and carried unanimously. 2M. APPROVAL OF CITY CODE AMENDMENTS REGARDING THE PURCHASING PROCEDURE. STAFF RECOMMENDATION: That Council approve code amendments. Richard Taylor, City Attorney pulled item 2M from the Consent Calendar. Mr. Taylor explained that the City Council is required to approve code amendments by an ordinance not a resolution. A public hearing needs to be held and suggested Council waive 7 City Council Minutes July 19, 2000 the first reading of the ordinance, adopt Attachment A as an amendment to the City Code, and bring it back to Council as a public hearing in September to adopt the ordinance. He explained that tonight the Mayor could open a public hearing and ask for any public testimony. Mayor Bogosian opened the public hearing at 7:42 p.m. and invited any public input. Seeing none Mayor Bogosian closed the public hearing at 7:43 p.m. BAKER moved to waive the first reading of the proposed code amendments, seconded by WALTONSMITH and carried unanimously. BAKER moved to adopt changes to Section 2.45 of the Saratoga Municipal Code, seconded by WALTONSMITH and carried unanimously. PUBLIC HEARINGS 3. APPROVE RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS WEEDS AND BRUSH. STAFF RECOMMENDATION: That Council adopt the resolution: Mayor Bogosian opened the public hearing at 7:45 p.m. Marty Hicks/County Fire Marshall's Office indicated to Council that his office has inspected the two properties that were in violation and they were abated. Mayor Bogosian closed the public Hearing at 7:47 p.m. Mayor Bogosian noted that since the property owners complied with the abatement process there was no need to adopt the resolution. OLD BUSINESS 4. 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. She reminded Council that on July 19, 2000 she presented four proposals. Council directed staff to come back with two options. She explained that the first new option expands the plan to use the existing space most effectively and efficiently. Council suggested looking at the Civic Center as a blank slate and designing a new one with all the amenities. 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. This plan 8 • • • City Council Minutes allows Council to pick and choose. July 19, 2000 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 when the'site layout plans are in their final form -(100% submittal). This allows the Council to make any adjustments to the direction that the architect is taking before the project is completed. Councilmemebr Streit inquired about the schedule and wondered if the timetable could be moved up. Mrs. Walker indicated that she anticipated that Council wouldn't approve this plan until the August 2nd City Council Meeting and also she would be on vacation in October. The timetable was scheduled around those factors. Councilmember Mehaffey noted he liked the new plans but thought that the concept of building in phases when the City had the funds should be added to the verbiage on the proposal. Mary Jo Walker asked Council for clarification on staff directions. She summarized what she thought was consensus of the Council. 1. Council accepts the 50 % submittal phase from the architect to make any adjustments to the plans. 2. Architect to designate location of the corporation yard. 3. Incorporate in the proposal and plans the concept of building in phases. She asked Council to give authority to the City Manager to approve changes to the RFP. BAKER moved to accept the RFP for the Civic Center master Plan with additional changes discussed at tonight's meeting and allow the City Manager to authorize changes made to the RFP, seconded by WALTONSMITH and carried unanimously. NEW BUSINESS 5. PRESENTATION BY MIKE EVANHOE/VALLEY TRANSPORTATION AGENCY: STATUS ON HIGHWAY 85 NOISE MITIGATION PROJECT. STAFF RECOMMENDATION: Informational only. Mike Evanhoe, Director of Congestion Management and Highway Programs/VTA indicated that they were in the process of engineering projects that have been approved by Measure B. He explained that the VTA Board of Directors approved to add Highway 85 Noise Mitigation Project to the list covered by Measure B. Mr. Evanhoe said that he and his staff are currently in the process of determining issues and remedies to bring back to the Council sometime in October. If Saratoga and Cupertino agree then he'll take it back to the Board for recommendation and implementation. 9. City Council Minutes July 19, 2000 Mr. Evanhoe mentioned that CalTrans has completed a report that offered some solutions to mitigate the noise level on Highway 85: 1. Reduce the speed. 2. Resurface the concrete. 3. Acoustically treat the sound walls. 4. Raise the height of the sound walls. Mr. Evanhoe said that the VTA would like to add a fifth possible solution to their report: 5. Grinding the surface. Mr. Evanhoe indicated that Bill Norton, Interim City Manager, requested that he look into an asphalt overlay with a nova chip. Although it reduces the decibels considerably, CalTrans are not open to using this method because it is extremely expensive. He noted that it is about $702,000 to $945,000 per mile to do a nova chip and asphalt overlay. The first time it is put down the average life of noise continuation is 5-7 years. Over time the openings in the grated asphalt fill up and wear down. After the seventh year the benefits diminish. Mayor Bogosian asked why was it taking so long to study the grinding effects on road surfaces. Mr. Evanhoe stated that CalTrans completed one study, but unfortunately he was not satisfied with their results. He explained that CalTrans and the VTA are now working together on that project. CalTrans will do the work on a lmile strip of road and then VTA technicians will perform the sound checks. He explained that once he had all the data, costs, and the end results he would bring it back to Council in October. Councilmember Waltonsmith explained to Mr. Evanhoe that a while back the City Manager, the Mayor, and herself met with Byron Sher. At that time they offered to pay for the grinding study. She wondered if the VTA was paying for it now since the process was already started. Mr. Evanhoe responded that yes the VTA is paying for it out of the Measure B funds. Mayor Bogosian thanked Mr. Evanhoe for the presentation. 6. PRESENTATION BY JOHN CHERBONE, DIRECTOR OF PUBLIC WORKS: CONDITION, COST, & INVENTORY OF THE HERITAGE ORCHARD. STAFF RECOMMENDATION: That Council accept Council report and direct staff accordingly. John Cherbone, Director of Public Works presented staff report. Mr. Cherbone explained that in June staff invited two authorities that specialize in fruit orchards to submit a report on the condition and status of current maintenance of the Saratoga's Heritage Orchard. 10 City Council Minutes July 19, 2000 Mr. Cherbone summarized the three topics that were reported on by the two consultants; condition of orchard, tree inventory, and current maintenance costs. CONDITION OF THE ORCHARD Mr. Cherbone briefly explained the findings submitted by Leland E. Lester, who has been an orchardist since 1966. Mr. Lester recommended the following: 1. Remove and replace all dead trees. 2: Remove all suckering of the trees. 3. Continue with aggressive gopher abatement. Mr. Cherbone briefly explained the findings submitted by William W. Coates, a farm advisor in San Benito County. Mr. Coates recommended the following: 1. Thin prune trees 2. Prune apricot trees and cherry trees per repot recommendations to prevent Eutypa fungus. 3. Continue with aggressive gopher abatement 4. Follow report recommendations regarding proper cherry stock when replanting to increase their resistance to Oak Root Fungus. TREE INVENTORY Mr. Cherbone indicated the Heritage Orchard's full stock is 1424 trees. Currently there are 1129 trees that are alive and 295 trees are dead. CURRENT MAINTENANCE COSTS Mr. Cherbone noted that the current yearly cost to maintain the Heritage Orchard was as follows: Yearly Maintenance Costs $35,000 New Gopher Abatement Contract $2,800 Average yearly Water Cost $2,500 Current Yearly Maintenance Cost $40,300 Councilmember Waltonsmith suggested the City appoint an oversight committee to the Heritage Orchard. She suggested that the Heritage Preservation Commission take an active role in the Orchard. She doesn't feel all the decisions of the planting or cutting down trees should be left to Mr. Novakovich. Mayor Bogosian asked why the City hasn't gone out to bid for the maintenance contract for the Heritage Orchard. Mr. Cherbone indicated that eight months ago he tried to take it out for bid. Unfortunately no one was interested and what little response he did receive came from general maintenance contractors. He also noted those types of contractors would cost a lot more_that what the City is paying Mr. Novakovich. Part of his agreement is that he keeps the harvest, but unfortunately there is no yield to sell the fruit in order to lower the maintenance costs. Mr. Cherbone agreed with Councilmember Waltonsmith that the Heritage Preservation 11 City Council Minutes July 19, 2000 Commission should get involved in the Heritage Orchard. He explained that any replanting of trees would be done after the preliminary plan of the library is completed. How the Heritage Orchard will be impacted will decide on when and where to plant new trees. Bill Norton, Interim City Manager, agrees with Mr. Cherbone that the replanting should wait until after the preliminary indications of what areas will be impacted. In regards to the Heritage Preservation Commission's involvement, he thinks that they should review the types of trees that are planted and create educational programs. Mayor Bogosian indicated that he would like to see a well in the Heritage Orchard. Mr. Cherbone will look into the possibilities of building a well. He will report back to Council at a later date. Mayor Bogosian asked for a consensus of the Council on the following: 1. Extend Mr. Novakovich's contract for one more year. 2. Heritage Preservation Committee review reports on Orchard. 3. City Manager to designate a staff person responsible for the Heritage Orchard. Approved unanimously. 7. PRESENTATION BY CHRIS KORN, ADMINISTRATIVE ANALYST: CONTROL OF DEER POPULATION. STAFF RECOMMENDATION: That Council accept Council report and direct staff accordingly. Chris Korn, Administrative Analyst presented staff report. Mr. Korn indicated that this was an informational report only. He explained that on October 20, 1999, Lieutenant Dennis Baldwin from the Department of Fish and Game, provided the City Council with a presentation on dealing with the increased deer population. He suggested using different types of fencing and planting vegetation that was less appetizing to the deer. Mr. Korn noted that since that time Council requested that additional options be reviewed. The only remaining option would be to have a deer -culling program implemented. Only property owners could obtain permits for culling deer when damage to agriculture or landscaping has occurred. All the meat would then be donated to charitable organizations. He explained that he contacted Animal Damage Management, a pest control specialist from Morgan Hill, which residents could hire to do the deer culling. The average price is about $300-$5000 per deer culled. Mr. Korn went on to explain that if the deer - culling program was to be implemented in the City of Saratoga, the Municipal Code would have to be amended to allow the discharge of firearms within the City limits for 12 City Council Minutes July 19, 2000 this specific purpose. Mayor Bogosian asked if any other cities have used this type of program. Mr. Korn responded that the only program being implemented in other jurisdictions is the culling of feral pigs. Councilmember Baker noted he could not support the shooting the deer. He questioned the use of the various types of birth control devices such as the salt licks. Mr. Korn explained that the Depaartment of Fish and Game are. still developing the salt licks. Councilmember Waltonsmith explained that her neighbors have tried just about everything. Large dogs have been used but injured by the deer and higher fences have been installed, some neighbors have even installed two layers of fences. She noted that she supported the option of deer culling. Councilmenber Streit noted that he did not support the option of deer culling. He explained that the deer were here first. If the City implemented this sort of program environmental groups would come out in full force. Councilmember Baker suggested we contact other hillside communities that have the same problem and discuss the problem of the deer and find solutions. Mayor Bogosian agreed with Councilmember Streit that humans pushed their dwellings into what was once inhabited by deer and drove the deer's predators away. He is willing to support this option but only if the contractor indemnifies himself. Councilmember Mehaffey did not support this option. He suggested staff look for more options. He added that he would like to hear public input. Mayor Bogosian thanked Mr. Korn for the presentation and commended him on his efforts. 8. APPOINTMENT OF DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. STAFF RECOMMENDATION: That Council appoint a voting delegate for League's annual conference. Bill Norton, Interim City Manager presented staff report. He indicated that so far only Mayor Bogosian was attending the conference. Consensus of the City Council to appoint Mayor Stan Bogosian as the Voting Delegate for the League of California Cities annual conference. Approved unanimously 13 City Council Minutes July 19, 2000 9. APPOINTMENT OF DESIGNATION OF CITY COUNCIL LIAISON TO SARATOGA UNION SCHOOL DISTRICT. STAFF RECOMMENDATION: That Council appoint a City Council liaison. Mayor Bogosian nominated Councilmember Waltonsmith to be the liaison to the Saratoga School Board. Consensus of the City Council to appoint Councilmember Waltonsmith to be the liaison to the Saratoga Union School District. Approved unanimously. Mayor Bogosian noted he would like the other school districts that serve Saratoga be involved in this. He volunteered to attend the board meetings of the various districts and under verbal communications present a letter inviting them to appoint a liaison. 10. SELECTION OF COUNCIL REPRESENTATIVE TO PARTICIPATE IN COMMISSIONING OF A PAINTING FOR THE SARATOGA LIBRARY DONATED BY THE GIVENS FAMILY. STAFF RECOMMENDATION: That Council select a Council representative. Bill Norton, Interim City Manager presented staff report. Mr. Norton explained that on June 7, 2000 the City Council accepted a donation of $10,0000 from the Givens Family. This was to be used to commission a painting as permanent memorial of their daughter. Mr. William J. McDonald, President/Friends of the Library invited a representative from the Council to. join them in selecting an artist. Councilmember Waltonsmith volunteered to be the representative. Mayor Bogosian asked for a consensus of the Council. Consensus of the City Council to appoint Councilmember Waltonsmith to be the representative to assist in the commissioning of a painting. Approved unanimously. CITY COUNCIL ITEMS Mayor Bogosian asked the Council if they would support a resolution declaring that the Heritage Orchard should be kept and maintained as only an orchard. He suggested it be put on the August 2na agenda. Councilmember Mehaffey noted that he would not be attending the August 2na meeting but would like to participate in that discussion. 14 • • • City Council Minutes July 19, 2000 OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 9:23p.m. and reconvened to Closed Session at 9:30 p.m. Mayor Bogosian announced that the City Council was going to reconvene in Closed Session to discuss: Conference with Labor Negotiator (Gov't Code 54957.6) City Negotiator: William Norton, Interim City Manager. Employee Organization: Saratoga Employee Association (SEA) Mayor Bogosian adjourned the Closed Session at 10:50 p.m. reporting no reportable action was taken. Respectfully submitted, Cathleen Boyer City Clerk 15 • • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: August 2, 2000 CITY MANAGER: ORIGINATING DEPT: Administrative Services DEPT. HEAD: 6wi 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. Fund# Fund Name Date 7/27/00 Manual Void Checks Checks Total AP CHECKS A82348-A82462 1 100 110 150 160 170 180 250 260 270 290 292 293 300 310 320 400 410 420 700 710 720 730 740 800 810 830 990 GENERAL COPS-SLESF Traffic Safety Streets & Roads Transit Dev Hillside Repair LLA Districts Dev Services Environmental Housing & Comm Recreation Facility Ops Theatre Surcharge State Park Park Develpmt Library Expansion Library Debt Civic Cntr COP Leonard Creek Quarry Creek Heritage Prsvn Cable TV PD #2 PD #3 Deposit Agency Deferred Comp Payroll Agency SPFA PAYROLL CHECKS: B25610-25782 TOTAL 179,091.56 528.12 4,381.46 1,662.51 13,189.90 918.28 17,253.50 18,769.58 1,420.50 70.32 Prepared by: GL w d‘, h/Leirt-U—' Approved by: Date: 7/2,01 oti rr H w a • y a 0 0 4 O O\ r a N a\ ar o a •• a E 0 WQ a W 0 m 0 HAND -ISSUED w a 0 0 z w a x w z 0 E. E. W H H w ❑ 04 U 0• z a a Ca 0°z Z> 0 z w Cr, 01 H H H CO CO 0 0 0 0 10 1D N N el O1 N N 0 0 0 0 el ei r A. a a (el N H CO 01 0 0 0 0 H H CO CO CO a H r1 . 0 0 O O a a LA LA el .-1 1(1 111 U1 it 01 0 0 a a 0 o r r r r1 m CO m CO U1 111 H r•I N N N N U1 In CO N 0 04 UI UI UI r r m Al m. H N N C1 01 N N N N r1 l+l el H CO 01 CO H H el 1(1 U1 H H N N 0 0 N N 0 0 el rT, Tr m r AUTOMOTIVE SUPPLIES VENDOR TOTAL VENDOR TOTAL * VENDOR TOTAL * a En INSTRUCTOR VENDOR TOTAL • 0 0 ..1 LONG TERM CARE PR VENDOR TOTAL * 4.4 1-4 W aa0 H 0avi U R.>1 Ord F.Ew-IZ 3 3 0 VENDOR TOTAL VENDOR TOTAL • • E. 0 E. a 0 z W CODE ENF. SEMINAR-SPOULOS • a O 0 E. a 0 0 Z W PRIDES CROSSING STUDY H 1(1 O O 0 o H In LA LA 0 0 el an o H T 1O \0 0 .-4 0 H .-1 .1 r O o H o o 0 0 0 0 0 0 0 0 0 a o 0 (•1 a a s O a N a a a a O (+1 a N (+) .•1 H O a O r7 m in r7 111 Al Al H H H H 10 10 .1 el el el N a N N an an LA U1 N 1!1 Al UI 1/1 UI 14 a 1(1 1(1 an O UI IA 0 Ill0 O O O 0 UI 0 Ill 0r> To0 0 00 0 0 10 tO N O Hel 0 O O O O 0 O O 0 O O O 0 H H H H O 10 0 H H el N 1D Al (1 el H el .•l N 0 .i .-1 el H 0 0 H .-1 0 0 0 0 01 01 O 0 0 0 .-I 01 O 0 O O 0 0 N N O O O O el N O 0 • U o 0 0 0 0 0 0 0 0 0 0 0 0 o O O o 0 0 0 0 o W o 0 0 0 0 0 0 N N N N N E. N N N O N N N N \\ 0\ a\\\ H\ \ \ \ as Di ill 1n 001 Z a a 1n as a a 10 N N E N N a H 'N N N E. N N N 0 N \ \ (0(�3 \ \ a \ 0 . - - CA \ \ \ 0 O Q O 0 to 0 0 0 0 H r r r H r H a0 o 0 o a o 0H r Z 4 4 cu 0. al en H o O DI a m m E. H E Z in 0x 0 .1 r CO H 01 L.)Z a a 0 w a H CA w '.7 r r a In 10 p04pq mE. ko z l'�1 %..•l l•l .0 in m y10 0 arr 940 0m m 0H10 a 0 O 0 0 0 I-I0 Ion Z 0 0 Z 0 0 0 II11 el O N E. N m (+l m F. 1O 0 Z 10 Z 1n a E01 o q o z�yoo moo COl 0o .]o <000 0 W In 0 z0 00 Z O E. s� z Y W �000 ao ao o Zo r)0 3 • Q a 0 a a Za .0 ra� 0 qF E. W ▪ a a a r • rm am a a U a "a] OT, a �G a o� K dF 04 u u 0 sa (4 o 0 0 0 u u 5U• 4 u3En o r orn0 0 H e1 H al Al (+l LAr an ON 0 0 111 a 0 (.1 0 PI Al 0 0 In 111 0 r o 01 Ul .1 UI Om 013 0\\ 003 a10 ON Tr N 0 O 0 l0m 00 ON 0 010 0 0 U1 0 a 0 0 0 O01 O r IA UI0 U' 0 O N 0 0 10 a IIr 0 M O O r O N 0 0 0 O CO 0 r1 O N ei 0 0 0 0 01 O N .4 el O a O m O O .1 O CO 0 a a O a 0 el 0 .1 0 0 0 0 0 01 0 A. o 01 0 r O a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 VENDOR TOTAL * ARBORIST DEPOSIT REFUND VENDOR TOTAL 07/26/2000 07/25/2000 0 0 N 0 a a a O 0 a 0 UI N 07/24/2000 N m 0 < 0 o- a t- o. N ar- 4 r o a •• o E. 0 N ❑ m za a w HAND -ISSUED W 0 0 az w oz W 0 ❑ W E 0 00 w U o O0z a m m ❑ •' W ou ado zIH o 0.0)a. ❑>z WOE z 0 a a .H w .H aau > o 0 0 0 0 0 0 O O o r- rn CO 0 0 CO O. 0 N 0, .-1 0 0 Ill VI 0 0 0 0 O 0 0 O O 0 O 0 I(1 0 a 0 0 0 N N !'1 .-1 l!1 O O r N 0 0 m m m .H .H N M a a N 1!1 r V m m m a a r W m 0 0 01 0\ m 0 r r N N 01 01 CO CO 01 01 m N N N N m 10 m m m 1D 10 V. V' N N .H f'1 N 1/1 r r m l!1 CLASS REFUND 07/24/2000 VENDOR TOTAL * VENDOR TOTAL * CLASS REFUND VENDOR TOTAL * 290-6005-445.04-00 CLASS REFUND VENDOR TOTAL * 0 6 a w 00 U 0 0 a 0 0 m 0 0 0 01 N VENDOR TOTAL * m y co Q W a >. m .HW W3 W W W O m 7 mmmr0 a E a mm .H 4 .H m o ❑ W ❑ W W w w w w2 z f z a s mamw m 0 .H.H O m 0) O O co o) a M a a M U m U U R '-1 O m O O m O ad ad VENDOR TOTAL • CREDIT UNION #15-00 00 .H .H .H O 00000 0 0 0 0 m a m r'1 a m a a N a a a a a N N N 0 10 10 10 l0 10 a a a .H If1 1l1 m co Ill Ill Ill 1l1 N m Ill m m 0 in 00 O O o 0 0 .H .H .H .H 0 00000 0 00 0 10 4 l0 l0 l0 a a s 0 00000 O O O .H 01 01 01 01 0l m m m 0 N N N N N N N N 0 00000 0 00 - 0 O O 0 0 0 0 0 0 0 0 0 0 0 00000 0 0 0 0 N N N N N N N N N N N a a x m m m m m x m a s 10 N N m N N N N N MN N N N \ \ 4......,,,,`.....,.... 4 \ \ \ Z \ r r U r r r r r U r r r O r O O 00000 O O O .0 F F E. E. E a a 4-, a Z a a 0 w 0 0 0 a • 4 a w N 0 a 0 1 O r m 01 m 0 N 10 r U 01 t 0 a a .H z .H E 0 0 0 0 0 E. m w m m r+ 10 m x D O. 0 D 00 000 Q H M mm x.H .H. O E m a m W m o 0 0 0 o a o a m m E 0 0 o m o 0 1H o z o 00000 0 Woo a 0 0 0 o 0) o x o m o 0 0 0 o m o rt o 0 4 00 0 a 0 al W 0 it o 0 0 a o a• < E O ▪ o > F F a E a to x x x H Iti o 0 0 o a U U U U U U 0 U U U 00000 00000 NCO MN MO MO 00 (‚40 0 0 0 0 an .H l0 10 .0 a 01 0 a O 01 O 0 0 O 00 CO N N CV N N N a .H .H 01 O 01 01 O N o a or or or moo... 0 0\\ o r .H 0 0 0 or 0 .H 0 H 0 .H 0 N N N N N N 0.0 ON 0 O N N 0 a 0 r O r 0 r O r r r r r 0 00. or o O r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • VENDOR TOTAL 290-6005-564.40-10 INSTRUCTOR FEES • f• W a a E E O w 0 O a 0 ❑ ❑ z E z co co > 0) > BUS TIC 0 O O .H N 0 N O 0 0 0 0 O 07/24/2000 07/24/2000 07/26/2000 07/24/2000 • • E. cn H 0 a oh r aN a r W o 0n• F. O H 0 W 0 a 0 W z 0 E. sa HU 0 0 O oz U W O is U W 0 u oz • a 8z z> 0 z W z00 2 z > H O O H .-1 0 O 0 C. 0 0 0 0 0 0 0 0 N 0 H rl 0 N rl rl 0 0 0 0 0 1D 0 0 0 O 0 0 0 0 0 0 0 0 O1 N N 1'1 I 0 CO CO 0 0 01 01 0 10 0 0 V V' O1 01 V' V' 01 01 01 01 r r r N r r O O. N N co co10 10 0 0 H H 01 01 01 CO 01 01 0 0 r, 0 0 111 r1 r1 01 01 01 01 H H rl CO 0 0 H H H H N V' V 0 H r-1 CO CO ▪ CO CO H r N N CPRS CONFERENCE-HEINRICHS H 0 O 1D u1 0 0 0 07/25/2000 f VENDOR TOTAL SMIP FEES SETTLEMENT 0 a U a 0 O cn O N o r VENDOR TOTAL f VENDOR TOTAL CLASS REFUND VENDOR TOTAL * CLASS REFUND VENDOR TOTAL O O 0 0 0 0 CLASS REFUND O 0 H 0 V' V• V o .r 0 0 0 0 N H N to N V1 N H V' V' V V' V' 1n V . V' . V' V' '0 W H N O O H 0 H 1.11 0 N O N 1.0 O 0 0 0 0 0 D 0 1D 0 0 0 N N N VENDOR TOTAL * & SUPPLIES In In 4‘0 W ul 0 0 10 113 H 0 0 0 0 0 b 10 H H rl 0 N o 0 o 0 0 0 0 O o 0 0 0 0 N N N N N N \ W \ \ \ \ \ V' 01 01 01 a 10 Z. N W H H H N N oN CO N N N 1 .F¢0 4W.o 0 0. o W 0 Z 0 a �a Eraa (11 H Z'jQ., cn N Z 4 U 01 a N to Z m Q o H 0 H 4. 0 ID ID H 10 .l Z rl H 0u1 Wo >.o > 0 1n Uo £o o ��to 0 41 � o o � o o Z 0 0 0 Z o 111 0 a 0 DHC a W Z 0 0 0 W W 0 W a 0 0 O o 0 a o 0 0 N o 1n o v' 0 1n o N N o V' O N O N N O O O 0 H r H O N O N 01 r 0 V N 0 H r 0 H 0. H H O N 0 0 0 0 0 r 0 r 0 r 0 r O O O O O O 0 0 0 0 0 0 0 0 0 H H 0 0 0 0 N N 0 0 H • E. 0 E. a 0 0 Z W • > O • 00 Kr O a. 0 0 £ £ u£u v HEJ U VENDOR TOTAL * PETROLEUM .11 GAS, DIESEL VENDOR TOTAL MIXED PAPER RECYCLE 7/00 0 1D 10 1.41 O 0 O 0 O 0 N H V 0 0 0 O O 0 1D 10 10 rl V' VI r1 r1 N N N V' 1 H r1 H 111 ✓ 10 1D 13 N U1 01 to r1 O O O H to a O 0 10 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N \\\ \ \ 10 10 1D ID b N N N N O N \\\ \ z\ r r r r H n- o 0 0 0 0 U) 1D 1D N a 01 r r H CO N 0 0 CO 0 0) O1 01 01 01 0. H U H H H • H (7 0 H U H 4 0)01 Zoa rl ZN 0H 005 F. E4 H O r rl rl H CO CO U N zHz EEO F o US En o W o 4 1�n . o 0 o 0 0 ,7. o a o 0 N 0 W O O D Z 0 a O Q 0 0 w 3 >¢ a 0 Z a >' Z. 0 � o w w 0 0 0 0 H In Ul 10 1.11 1(1 CO (n VI 0 O1 r 1D ID N 0 H 0 N 0 In O O 1n N 1n N 10 N C. 0 0 0 0 0 01 H t(1 H H H r r to O V' O O H 0 r r r 0 r 0 0 O N 0 0 r O V V' V' O V' O r O r o o O O O O O 0 0 0 0 0 0 VENDOR TOTAL * CLASS REFUND 0 0 0 N v u, 0 0 m N VENDOR TOTAL 07/24/2000 07/26/2000 a E. KC 0 ▪ 0 .] o N O \ a 4-- N a\ KC 0 o a•• 0w E. O 0 ▪ CO Za x HAND -ISSUED 0 0z w 0 0 \ F. W 0 0 u 00 •z S O w]z z> 0 z CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 er Cr N N r r Ill 0 0 Ln 0 0 0 0 0 0 0 m rn .sr er H H LA In v a H .+ er er v er .-I In o r er 01 a. 01 01 01 01 er er N N Ul U1 Ul In 0 co r- r N rl O 40 N rl I.1 er er 01 ▪ 01 LA 0 H H el en H .i el l0 CLASS REFUND VENDOR TOTAL * CLASS REFUND VENDOR TOTAL * m 0 w SR. TRIP -TOUR DE • VENDOR TOTAL REFRIDGERATOR REPAIR VENDOR TOTAL * CLASS REFUND VENDOR TOTAL * CITY MANAGER RECRUITMENT O a er VENDOR TOTAL * IRRIGATION SYSTEM REPAIR VENDOR TOTAL * RETIREMENT PLAN 15-00 VENDOR TOTAL * aaaa aaaa cn En En En aaaa 0000 E F E E 0 0 0 O O 0 a aaaa E F F F z CO En zzzz H H H H O O .-I sr 0 N er H 0 0 0 0 O O Ln 4. O 0 H O H 1-I - H er er 0 0 er 0 0 0 0 0 0 0 er 0 er 0 0 er er 0 er ell N er er er c 0 0 0 in Ln er r1 LA el N 0 er er er er Lll O LA C er 10 H er .H el .. \0 L0 10 10 P 1D er e r er U1 Ul er in 111 N U1 Ul Ul In er N er lfli 1 i i i i i I 1 i i i 1 i i 0 0 0 ▪ O 0Lll 0 O 0 0 0Ill 0III 0 0 O O 0 0 O 0 0 0 0 0 0 0 0 0 O 0 0 0 O 0 0WI 0 O O O O O 0 O l0 10 10 ei 10 H r1 0 10 LD 1D ID b 0 1D VENDOR TOTAL * CLASS REFUND VENDOR TOTAL * RENTAL DEPOSIT REFUND VENDOR TOTAL • 0 0 01 01 N N 07/19/2000 0 H 0 H ,-L H 0000 Cr) 0 01 0 O 0 01 01 01 01 N O N O 0 O Al N N N er cr., p er 0 er 10 Ul cr. III U1 N N 'N V)N fN N NNNN U\ \ \ W\ a\ \ \\\\ r r r F. r H r r r r r N w o 0 0 a o 0 o 0 0000 O H 0 H 0 CO F w 0 0) a 0 a H0 F a 0 0 E. 4.11 a �+ E.eM 10 r a ul iner0 er 0 In '�+ el N COer r 01 r H 10 .H >i r a 0 N 9•4 0 H 01 W I.1 U 01 01 01 01 N 01 ei o CO10 ao OH Li,ax to aLn E H z0000 ILOUIn 10 O >4 in KC O a O Ul a N Ul W 0 a 0 0 0 0 ,.1 if) Ln UI 0 H 0 0 a O o CO O H C. a' 0 Z 0 0 0 0 H 0 0.' 0 zz 0 .0 0 0 z 0 0 0 0 a o 0 H 0 0 0 0 0 a O COo q 0 O O O O O O 0 N 0 01 01 01 N N N 0 H 0 U• CO 41 U bl F.CD DI c0 c)W x f E. S W E. LX .a] En4W a° g 0 Fd 0 ao • 0 0DI 0 0 H N O N r O O O O O 10 VI el el en Ln 0 N 0 LA O . N N U1 O U1 N co r1 H O 01 I I i I LA O O N 0 0 0 O Al CO 0 0 01 I CO 0 O O 0 0 01 r m , 0 0 O N O r O N o er 0 0 H N H 01 N I N N H .i H 0 er 0 .-. O H O N N r O N 0 U1 0 r 0 U1 0 rl rl rl rf O N o r- 0 r 0 r 0 H 0 r O N 0 H 0 el 0 .i H el H O r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 07/24/2000 En U 0 0 0 0 > 0 0 0 0 0 0 a0 0• O 0 (/)0 0 0000 W o O 0 0 0 0 0 0 0 0 PI N N N N N N N N N N \ \ \ \ \ \ \\\\ 07/26/2000 In 0 N O o N 0 0 O co O r 0 01 0 H 0 er 0 C- O 0 O 0 VENDOR TOTAL • LEE, AESHIN 0 0 • a • (0 a 0 > 0 a N a ro .. D a E. O Q z4 a x w 0 CO 0 O 4 D01 o N 01 F \ n o 0 Q .. 0. 3 O 0.0>. a a H aau Q w 0 (0 CO H z 0 Ea Ha H (0 Q O O z a a w 0 Q w \ F (0 a 0 Q w x 0 Oz • a a Ca 0z z> 0 Qz w 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO 10 0 o r r o 0 0 0 a r 0 0 0 0 0 0 0 0 O to 0 o O r a N 0 0 H H O 0 0 0 a 01 CO 0. 01 01 01 03 0 0 01 01 01 01 0 0 I1 CO 0 CO CO 1.1 n1 0 0 0 0 O N N r r•l el r 0 0 1.1 el r r 111 . 01 1n r M rll en m CO ul (0 0 0 NI o (.1 .l H N rl - .-1 0 N N N N Al 1, r) ID N 01 el a F E F+ a O O w O H F. 0. a g Q 0 Q Q O 0 0 la n z 66 z a z acn ca as (0 a4 0 (0 (0 z H a as H H 0 0 0 (0 0 V 0 0 o O 0 0 0 0 VENDOR TOTAL CLASS REFUND VENDOR TOTAL * RENTAL DEPOSIT REFUND 0 0 0 a 0 0 a a a 1I1 O 0 0 o o a III 1l1 0 m en a as . .+ a a a a 01 1I1 01 0 0 111 0 • 0 0 a • a O O O O O ID 1D 1D H .i 0 O 0 H 01 al 01 0 N N N 0 07/24/2000 VENDOR TOTAL VENDOR TOTAL * CLASS REFUND VENDOR TOTAL * RETIREMENT PLAN 15-00 VENDOR TOTAL * RENTAL DEPOSIT REFUND VENDOR TOTAL • RENTAL DEPOSIT REFUND ♦ H , a a 0 0. 00 F O F CS Ca 0 Y i 00 0 F W E.Z a1:3 0) [� 0 H a a 0 10 0 H 0 0 H 01 H H 0 0 0 0 a s a o 0 o a o 0 0 0 0 O 0 a s O N 0 0 a s 1I1 O N N 1I1 O O O 11 (•) a ID .l - a .1 ID 10 H H a N 1) 1f1 a N N N LID 01 11) O 1/1 1I1 01 O O O O O O O r1 r1 O O O O 01 1I) 0 0 0 0 0 0 0 0 O 0 ID 0 - .-I 10 0 0 0 01 .1 - O N O m 01 O N N 0 0 0 0 0 0 0 0 0 0 0 0 N N N N \\ \ \ a a 1D 10 N N N w N \\ \ [-.\ r r r r 00 o E.o (0 z CH 0 H N CD a rrl i1wD 10 \0 10 W 10 7. .1 z N 1.11 1)1 CO In a 0 H 0 ?.00 0 00 x0 ..a a .00 >0 Ca 4 w (0 a as a a a a 1) 0 1I1 0 0 01 1I1 r O O O 0 O 0 a N N O O O CO CO O N O N O N O .i .i 0 al N 0 0 r o r r 0 a o r O O O O 0 0 0 0 07/24/2000 a a H ri 0 H N N .. .1 0 0 01 0 01 01 O O O 0 N O N N 0 0 O O O O O O O O O O O O O O O O 0 0 o O O O o 0 N N N N N N N N \\ \ \ \ \ \\ a s a 10 a a 10 CO N N N N N (V N N r r r O r r r w r t- o o o Fo 0 0 (4 o0 4 N w N N Z 0 0 0 01 H w N N a 00 a z °, a .aH .iN t al QN V coO HN a 001 m Ca o CO CD ,- o 1/40 1Lc)x 1D 0 0 CO 10 4 H 0 0 a .. m ID 1 ..0 NLI) 0III Y.00 1l1 4O 00 H0 C.) 00 I..1 0 0.0 00 0 000 0 S 4 Q 0 a o a o 0 w Z 0 0 0 0 0 E Z Z Z z 07/24/2000 0 0 tel .i 1n 0 VI 1+1 0 1I1 r 01 0 N 0 0 N 0 r 0] 0101 O0 010 O N 0 1)1 N 01 01 O N N r Cr el O 01 0 a a 0 H O N 0 r 0 a 0 H H - O r 0 r O O O O O 0 0 0 0 0 WILLIAM C. w CO E. • z z 0 Z 0 0 In 0 a in O co O 01 01 N r1 r O N 0 0 N 1D 10 01 0 al O CO 0 01 (+I H 0 a 0 a 01-I01 0 0 0 0 O 0 0 0 0 • w W a N 0 CO 0 0 .a0 -moo N r F \ r 00 o O q O a a H aaU 0 w 0 rn rn w E 2 ❑ 0 z CD x w r- . O O o r1 o r1 o w w 0 0 w co O o r o .a 0 0 w w r r 1n 14 rl r H o 0 0 N O N rl rl w 0 0 o a Co 1.11 01 1f1 r1 0 0 N N a a r r N a 0 0 0 01 o m u1 In. CD O O w ul r a w er 1n o o w 10 rl r r r H H N O 0 0 Ch a r1 .1 r1 a Ill N Co PI r- 111 r1 111 a r1 r1 Co CO N N N N r1 N u1 a H w .H r1 a Cr rt H w 111 to w w ul V1 r1 rt �a Ca CO E£ a 0 a . w a a rwi0w 00 aZqZp 0 W 01 0F 0 0 a F F X F z O F CO W F al a Hw a WE a HH a EZ 0 CO o qw 0 as 0 HH 0 0 q za 0 as q co F Z a W z 0 Z a s Z aw > 0w > 00 > c.)ri > W S w a 0 sU ea ea ax aam4UU I; I; ww,.,6 ww a w Ea as as 00 DEPOSIT REFUND a 14 a • VENDOR TOTAL • VENDOR TOTAL Ina 0 H a s H."1 O o 0 0 0 0 0 O O O O H H O O O N N N N N a ul 0 0 0 r1 0 0 0 0 0 0 0 0 0 0 0 0 as 00 as rlrl 0 aaaaaa a .-1 al 0 N r. r1 r1 rf 0 r1 r1 al r1 r1 a H H .i w w .i ./ .-i H w .4 .1 N r r w al U1 ul N a u1 ill ICI ul N LID ul 1n to 1n U1 1n 0 0 0 0 0 0 0 0 0 0 0 ul 111 u1 0 ul N N co N w w 1n ul 0 ul ill 0 0 0 N 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 - H 0 w .4 .1 .-1 .-1 0 .-1 .1 N r r w - al H N N .4 .4 H .-1 N .i .•i .i .••I H N .-i 00 ON CO '00 0o a1 oo0000 o 0 0 N N 0 0 0 0 N. 0 0 0 0 0 N 0 LIFE INS. -AUGUST 2000 0 O N 0 N 0 O 0 0 0 • VENDOR TOTAL PERS RETIREMENT 1-1 O • a F 0 a 0 q z > LEAGUE CA CITIES-BOGOSIAN 0 0 0 N a O H H H N 1n O 10 0 0 0 0 O H .-1 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0- O 0 0 0 0 0 0 O 0 0 0 _ 0 000000 0 0 O o O O O O O O O O O 0 0 0 0 0 0 O O O O N N N N N N N N N N N N N N N N N N N to 1n a s 1nw ww a w w ww w w w w w r N N N N N N N N N N N N N N N N N N N r- r-- r- r- r- r- Nr N rrNrr.r r r r N 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 Cy I o 0 rzit D F O1 a th a a (.0)1 al 0 0.° 0 ON NI a H a U F a1n NCO 0NN N O W N .•l w r rt CO N HCO W w W a a H.i.i q00 40 r1 aCo 00 r- r- rN r- r- 4 a 1..r1 art 4CC 4.••1.-. H w w 4 -w F w- 0 w a.+.+H H al al W H H.1 .-I W H a 0 0 > N in.$ O !n 0 u1 O a 1n a o 0 0 0 0 o q o 4 o 4 O F 0 H 0 CD o o 0 0 0 a 0 0 a' o CO 0 0 0 0 0 0 0 o a o 0 0 3 0 o 0 o o u0 o 0 Wq o 0 o Rl 0 0 0 0 0 0 E o a o W o x o • E Q Cl O1 H a 0 a u.'.1 a w rn ri 0) u 1u•1 H F W U H O o 0 H N Z a- a O - CO • Ga. • 0 0 al 0 1n F H r0 4 z Z 0 o u1 a 0 4 o aa. a 0.. 0 r r a 0 0 U1 r1 01 H o m a n . 00 VCC . 011.- 14010101 0 0 u1 O 0 0 al N r r a ul xi co w o N u1 o a 0 01 O w 0 0 0 01 o r1 r N N N N r O1 N w 01 .-1 01 0 M 0 01 i CO 01 CO 01 N 0 N 0 01 0 N O r1 01 N O O r 01 N el 0 01 N N 0 r CO CO r r co CO CO r 0 CO r at N O N r1 H H N N r 01 0 r1 01 al 0 0 0 CO 0 w r1 w w w w H N 0 .-I 0. N w 0 O r r O a a 0 a CO 0 H H O a 0 CC N CO CO CC CO 0 r 0 r O r 0 01 0 0 0 0 0 0 O O O O O O o O 0 O O 0 0 0 0, O 0 • VENDOR TOTAL R.V. CLOUD COMPANY • r a • N 0 m 0 H HAND -ISSUED w F 0 0 z w a x w 0• z a o O CO r .-I H r o m N1 .-1 ...I O o 0 0 o O1 N an ID co r N 0 o O1 ID o 0 in r r- in r CO 01 U1 0 .-I H CO 1h 0 0 O 1/1 0 01 N V' IO 41 U1 41 10 N r CO 0 0 r rn CO CO 1O U1 CO 01 0 m OD U1 in01 01 0 rn CO N 1-I r H .-1 r II1 b CO H U1 0 0 CO r r ID r 01 U1 N r- O1 01 4, 41 0 In 1.11 H 10 N 0 r U1 N r V' ID 1•1 0 o V' N H U1 H H 0 N r H 0 CO in in .-I In in r r a N a H N RINGS-RESTROOM 14U)U7In • EE. F. E. i U U U U 4 000 000000 F o-. a a as 0 E F. . a aaaa a ma Q •aaaa Q G. w > aaaa > 00 U U xR W W Iw+1 ID E E 3 (n In fn U1 H 1-1 VENDOR TOTAL • TYPEWRITER REPAIR ... 00 mtn i i \\ i 3 Z V) i •H 00 /�a• • a a L E. •a aa. aa. z a a a z a E. E. Z U 0 a s In 0 w fn w la-1 0 ° 0 a E. E. w0 E. aa0' E. 0>.0 U W E. In E c( E a HE. HE. Z a a a a> [n a 0 z0 0 44 o ZZa 0 vir0acax£w£a 0 ID o 0f z ] °z a °z 0 0 COaZ Z 4 D OE Q Q £ Q W w W Q'y W H H W W a > W > `a > > °my'oo .I4. a > 9 a ama Ia W •UN>.0H z ix WUU 000o0uZlnZ>x CLAS DEPOSI C .i H ri H O O p 0 O O H .i 0 N N N N N N .-I . 1 0 0 0 0 ..1 ..4 H 0 r r er V' .1. N N N N N N in I I I I I I I I I I I I I 1 0 0 0 0 0 0 0 O 0 0 0 0 o 0 0 0 0 0 0 0 O c r1 P1 1•1 1•1 el. d' V' 0 aM er s to a er a a a RP r V' ry N N N N V' V 1 1n U1 rn N N N N N N N N N N .•. H 1•1 1.1 CO CO ID 10 .-1 er r r v VI in 4, 1•1 1•1 1+1 41 CO .-I 0 0 U1 D U1 0 1.0 U1 V' U1 U1 U1 in U1 U1 U1 U1 U1 U1 U1 U1 O VI UN WI UN 0000 00 O 0 0 U1 . U1 U1 O N O OOO 0 0 0000 00 0 0 0 0 00 0 0 0 133. 0 VP 0 V' 0 O 0000 O O 0 0 O O O O O O O O O O O UN 0 H CO f•l el 1'1 ID 1D .i V) r r a a In f•1 el VI P1 r.1 en .. .i 0 0 0 0 0 0 11 0 .I O 0 0 0 .H 0 0 0 0 0 .'I 0 In In In U1 0101 0 01 0r U1 U110 0 in CO m OD CO 0 0 .-I .-I 1-1 .•1 N N 0 N O N N N N 0 .-1 H .-1 .-1 .-I 0 O O O O O O O O O O O O O 0 0 0 0 0 0 O 0 0 0 0 0 o O o 0 o 0 O O O O o 0 0 0 0 0 0 0 0 O 0 0 0 O 0 0 0 0 000000 0 N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ .4-.-.- \ \ \ \ \ \ \ \ \ \ ID ID ID ID In In er V' In In V V' V• ID 1D ID ID ID ID In N N N Cl N N N N N N N N N N N N N N N N ���� �� w� �� ..... -,� ������ r r r r r r w r r r r r r r r r r r r r r 0 0 0 0 0 0 z o 0 0 0 0 0 0 000000 0 H >1 x w r r r r U 0 • 01 01 01 01 a 4 D. U N N N N 0 U 0,a7. z O1 O. D1 N H H 3-1 H 0a U De H a Li SOD 0.-I N VI Ua H Hr m.• 11D W 01 0 a1 0UI er IDr co al a�GC�.11^ am oO ID ID ID lO NN 'Lr U) 4 0 0 wO101r W In UI Ut In In In ✓.••1 U H .-I .-1 H H .� H H O W 1D H H D In u1 O E. H H .-I .•1 .-1 H .-I E O O 0 0 0 0 0 0 of 0 U U l 0 0 a U l U 1 0 a 0 0 0 0 0 0 Q o 0000 U 0 o 2 0000 3 00000 o U� o na, o 0 o 0 0 0 0 0 7 0 o co o Q 0 U 0 0 0 0 0 000000 0 0 h 7 CD a • Z a In F. O 0Cn w> H 4. a a a a a a CO rn Cn 0 0 0 0 01 0 0 000000 0 0 et. r- V1 rn P1 OO 1••I ID ID 0-00000 01 010 V' Inr UI V' r N 0 1/10 .•1 1 1 a In 1D 1•1 ID 000000 H/ 0 1•1 V' 41 ID r ID 0 1'1 V' In 01 0 0 O V' U1 in V' a ID U1 er N N N N N N 1•1 ID .-I 1•1 H CO 41 1.1 In v 1.1 ID m r 0 0 I•1 r1 0 0 41 V' V' a r1 0 0 0 0 0 0 .•1 4, 0 0 0 0 en 1•1 en I•1 O in U1 0 ... O .i 0 1 1 O 01 01 01 0 .-1 .•i .-I H v1 .••I H 0 OD 0 ID - O RC V' V1 V' O H1 .1 0 r1 O r O r r O 10 ID ID o r r r r r r' o o .i 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o o O o 0 INSTRUCTOR 07/25/2000 07/25/2000 • W Q a E. u) a 0 o > o f - a, N a\ Q r w a •• F O M A En 4 W a 0 I•1 0 0) O O O O 0 0 Co 0 U1 0 r 0, 0 0 0 0 0 0 0 0 H N r r o co r ,D CO lG U1 0 0 0 0 0 0 0 0 0 r 0 0 N o 0 0 0 0 0 0 0 N r Sr V. 03 C. en 0 0) O r H o 0 0 LA CO CO s s H 01 U1 ,D V' r N N O 0 0\ H 0 0 r+1 ID 0 01 ID CO LA U1 ID ID 0 0 n) N r- r N N 0 10 N 0, ,D 10 01 r r H 0 0 01 r 0) 01 01 r n 01 m H 01 r+l H H H H N Ill r Sr ri H n n 111 1l1 CA 01 N H H CO NN ,D HHNH r- H VENDOR TOTAL * 00 H H 0 0 r r ss VDV) LA 111 In In 0 0 0 0 �ID 0 0 0, 01 N N INSTRUCTOR FEE 0 H 0 r In 0 ID 0 0, N VENDOR TOTAL * CAMP EXPENSE REIMB. VENDOR TOTAL * CLASS REFUND 0 O 0 r r 1n 0 ID 0 0, N VENDOR TOTAL * CLASS REFUND VENDOR TOTAL • Inw0n www uuu H H H aaa www CO CO 0) aaa www aaa VENDOR TOTAL * CLASS REFUND v 0 w a a Q 4 • E. F F F 0 w 00000 0 a wwwww a Wy In V)W V)V) 0 w www G. 0 2 0 W W W W W W W aaaaa °z aaaaaa44 w 00000 w aaa 0. Cu D. a0. > H F F E H > 3 a a a a a a a U U U U U 0 0 0 0 0 0 0 a aaa a 01 CO U) U) 0V1 V1 EEFEE aaaaaaan. zzzzz z�aa��a�d�d�d�d H H H H H a U U U U U U U O .-I •-1 N O 00000 H H H H H 1-1 •-1 .-1 0 H H H 0 ri.1,-1 .i.-1 O 000000 O r 0 0 0 r 00000 00000000 0 '( r V O r Cr r r r V N r+1 1+1 C.1 r+l C.1 In U1 H H H U1 rrsrrr Nrrrrrrr r .-I .-1 H r ID ID ID ID 1D r+l ID .D .D ID ,D ID ID r co Ul Ul r 111 Ul Ul Ul 1l1 Ul Ul 111 In Ill 111 Ul Ul Ul Ul UI U) Ul Ul Ill Ul Ill Ul U) In Ul U) 111 Ul 111 U1 0 N N N 0 0 0 0 0 0 r+1 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 00000000 ID 10 10 10 1D 1D r, ID ,D ,D .d ID ID ,D 0 H v. H 0 00000 .*1 0 0 0 0 0 0 0 0, O O 0 0) 01 O, 01 0, 0) O 01 Cr, 01 01 01 01 01 N 0 0 0 N N N N N N O N N N N N N N w o 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 00000 00000000 A W o 0 0 0 0 o a o 0 0 - 0 00000 00000000 \ F N N N N N N . 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PERMITS 0 0 v v 0 Ul 111 ea H ea 0 0 0 H ra a' • VENDOR TOTAL wwwwwww wwwwwww a a awaaa 0 0 0 0 0 0 o F E E 0 E F F U U U U U U U IX a a a a a a F E E E E E E U)V)V)u)V) Z Z Z Z Z Z Z z Z H H H H H H H VENDOR TOTAL • CLASS REFUND 0000000 0 H r1 H rl r1 H .-1 O O 0 0 0 a' O O O O O O O O O O v sr sr TM sr O a'v v va•v v v Tr al 0 Tr v N N U1 M M N a' a• v v v v a' U) 1D 11D N N v ra ra a' 10 10 10 10 10 10 10 v IA U1 II1 111 v Ul 111 Ul in Ul U1 UI U) 111 111 v U1 N O O U1 O O U1 U1 U1 U1 U1 U1 U1 U1 Ill 0O ra ea O 101D ra 0000 000 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) ID 01 01 l0 H H v ID 10 U) 10 V) 10 10 U) 00 00 0 ra ra O 0101 N N 01 00 IA N N M M N 0 0 (V 0 0 00000 0 01 01 01 01 01 01 01 01 N N N N N N N N w 0 0 0 0 0 ' H O 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O > 0 O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 o O 0 0 0 0 O•O o N N N N W N N N N N N N N N N N N N N N N N 4-v., -- -4 0'- -- ' 4- 4- 4- 4- � -4 -4 � � � 111 1D 1D U) 10 a' 111 111 a' a' U1 a' (11 v U1 U1 U1 U1 U1 U1 co N N N N C.7 N N N N N N N N N N N N N N N N N �..... .... � z-. �� �� v., v, -4 �-4����-, r r r Is H r r r r r r r w r r r r r r r r r r 0 0 0 o O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W H (o w > Z (o w a M 0 W V) W v H Z H CO N 0) ' a 01 (O (O Cu ra H Z Da CA 0 0 ..40010H W 10 W a' w r 170 01a• Q U1 U1 �N 0 co 01 o H N M v N a H v U U a M (� r H H b r O a 0 m. r 17 H H N N N N N N Ca ea H H H W 1D 'F. 0 H 01 P. 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UI0 O N 0 0 0 N a' O N O N r 0 0 O N N m M 0) 1D M O N M O va Ul ID 0 0 v N 0 0 0 0 0 0 a' v v 1n co ID O co a' sr 1n u> I a, 0 0 0 ra ra ra 01 0 01 O N N N N N r 0 0 01 01 ra H .a O ra 0 a' a' H 111 0 CO 00 CO CD OD CO CO 0 H O Ul r r r O E O O M M O r r 0 r O N N O a 0 M I+1 (.1 M M M M 0 r 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 07/24/2000 • • 0 0 a • 0 w cn 0 H W H z O z a 00 az o O 0 0 0 0 0 11 e1 0 0 0 L e1 0 0 0 In 0 0 0 r r o o w w N N 0 0 0 01 ON 0 0 r r r r 01 01 N N 0 e1 co ID 01 01 0 0 r r N N 0 W 0 0 CO f1 m 0 0 01 C41 01 01 H H N a a H ti H m N VENDOR TOTAL 0 0 WILDLIFE SERVICES H O a H OI O W 01 0 0 zm s H 0 a .-1 W a = W 0 >. m w r am >.w Fp FIn air 1Wio o ao ao gw 4,- .ti N U 0 a 0 W o a o O a 0 Q o 4 W O o 0o IX o 0 00 a0 a al1w+ z 40 0u a 0 Z o x a o gaa £ a04 Di 3 3 S 3 X N N N In N O In m O '4 H m O In co e1 . In o C. r H 0 e1 o In to 0 01 H e1 1-1 0 01 a W CD 0 a w N N 0. r 0 a r O r n, C co w o y N 0 0 0 H e1 C. O 0 01 0 w .•1 N 0 .0 N N 0 O N 0 r 0 p O r O r O w O r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 VENDOR TOTAL * INSTRUCTOR SALARY O H 0 p 10 0 0 O l0 O m N VENDOR TOTAL * ., 0 , 0 o 01 0 01 N O N O N a 0 01 MONTHLY LEASE VENDOR TOTAL CAMP EXPENSE REIMB. . • 4. F .H7 F FF« H . 0 vl 0 H 0W4 > O > W > W F 0 0 ,-1 H H O r1 O O O 0 0 0 0 0 0 '. e1 e1 e1 O en C N 40 l0 H 10 H w N N in '0 In O O U1 O 1I1 O N O 1!1 O O O O O 0 0 4-1 10 H 10 N 01 07/25/2000 07/19/2000 07/26/2000 07/26/2000 07/26/2000 07/25/2000 aq F z O CY F (� SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: 2-0-- MEETING DATE: August 2, 2000 CITY MANAGER: ORIGINATING DEPT.: Community Development PREPARED BY•577-V SUBJECT: Planning Commission Actions, July 26, 2000 RECOMMENDED MOTION: Note and file. REPORT SUMMARY: Attached are the Planning Commission action minutes of July 26, 2000. FISCAL IMPACT: N/A • ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING ON MOTION: N/A FOLLOW UP ACTIONS: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission • ACTION MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, July 26, 2000 - 7:30 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL PRESENT: Commissioners Barry, Jackman, Kurasch, Patrick, Roupe and Chairman Page ABSENT: Commissioner Bernald STAFF: Director Walgren, Planner Ratcliffe and Minutes Clerk Jones PLEDGE OF ALLEGIANCE MINUTES - July 12, 2000 ORAL COMMUNICATIONS REPORT OF POSTING AGENDA - Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 21, 2000. TECHNICAL CORRECTIONS TO PACKET CONSENT CALENDAR 1. 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 6-0 TO 8/9/00 AT APPLICANT'S REQUEST) 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. 2. DR-00-015 & SUP-00-001 (397-26-002) — RAISSI, 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 allow 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 FRC)M 7/12/00 TO MAKE PLAN REVISIONS PER THE PLANNING COMMISSION'S DIRECTION) APPROVED 6-0 • • • PLANNING COMMISSION AGENDA PAGE 2 JULY 26, 2000 3. DR-99-005 & 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 therearyard 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-1-40,000 zoning district. (CONTINUED FROM 7/12/00 DUE TO LATE HOUR — PLEASE REFER TO PREVIOUSLY DISTRIBUTED STAFF REPORT AND EXHIBITS) DR-99-005 APPROVED 4-1 (COMMISSIONER KURASH OPPOSED, COMISSIONER PATRICK RECUSED HERSELF V-99-010 APPROVED 5-0 (COMMISSIONER PATRICK RECUSED HERSELF) 4. 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 FROM 7/12/00 DUE TO LATE HOUR — PLEASE REFER TO PREVIOUSLY DISTRIBUTED STAFF REPORT AND EXHIBITS) APPROVED 6-0 5. DR-99-014 (503-29-057) — CHANG, 22005 Dorsey Way; Request for Design Review approval to demolish an existing 3,317 square foot residence and construct a new 4,203 square foot, two- story residence on a 40,031 square foot parcel. Maximum height proposed is 26 feet. The parcel is located within an R-1-40,000 zoning district. (CONTINUED FROM 7/12/00 AGENDA) CONTINUED 5-0 TO 9/13/00 FOR RE -DESIGN. (COMMISSIONER PATRICK RECUSED HERSELF). 6. DR-00-019 (389-12-007) — SABIC, 18817 Devon Avenue; Request for Design Review approval to demolish an existing single story structure and build a new two-story structure. The existing structure is 1,061 square feet, and the proposed new structure is 2,909 square feet at a maximum height of 23 feet 6 inches. The 10,000 square foot site is located within an R-1-10,000 zoning district. CONTINUED 6-0 TO 9/13/00 FOR RE -DESIGN. 7. DR-00-023 (397-07-022) — SHAH, 15270 Sobey Road; Request for Design Review approval to demolish an existing 4,052 square foot, single story residence and construct a new 6,078 square foot, two-story residence. The site is 43,933 square feet and is located within an R-1-40,000 zoning district. APPROVED 6-0 PLANNING COMMISSION AGENDA JULY 26, 2000 r PAGE 3 8. DR-00-024 (386-46-002) — KAJIOKA, 12610 Paseo Cerro; Application for Design Review approval to add 424 square feet to the first floor and add a 650 square foot second story to an existing 1,535 square foot, single story residence. There is an existing 80 square foot garden shed. Total floor area proposed is 2,689 square feet. Maximum height proposed is 24 feet. The parcel is 10,000 square feet and is located within an R-1-10,000 zoning district. APPROVED 6-0 9. DR-98-033 (503-55-045) - VAJDIC, 21201 Lumbertown Lane; Request for Design Review approval to demolish an existing three-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-1-40,000 zoning district. (CONTINUED FROM 7/12/00) APPROVED 6-0 DIRECTOR ITEMS COMMISSION ITEMS SARATOGA OAKS LODGE; DR-96-023.1 and UP-96-002.1,14626 Big Basin Way Review of proposed modifications to a previously approved application APPROVED 6-0 COMMUNICATIONS WRITTEN - City Council minutes for regular meeting of July 5, 2000;and closed sessions of July 6, July 12 and July 13, 2000 - Notices for regular Planning Commission meeting of August 9, 2000 — Article appearing in the San Jose Mercury News concerning architectural design in area communities Correspondence to Planning Commissioners from residents of Bonnie Brae Lane and Winn Road concerning property at 20100 Bonnie Brae Lane ADJOURNMENT AT 11:27 TO NEXT MEETING Wednesday, August 9, 2000, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA • • • • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: August 2, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM: CITY MANAGER:' PREPARED BY: SUBJECT: FIFTH AMENDMENT TO WEED/BRUSH ABATEMENT AGREEMENT RECOMMENDED MOTION: That Council approve fifth amendment to agreement. REPORT SUMMARY: The attached letter from the County Fire Marshall's Office explains their need to adjust weed/brush abatement program fees. Staff believes that this request is reasonable and will enable us to continue a valuable program. FISCAL IMPACT: None ADVERTISING, NOTICING AND PUBLIC CONTACT: None. CONSEQUENCES OF NOT ACTING ON MOTION: Amended agreement will not be approved to continue the implementation of future weed/brush abatement program by the county. FOLLOW UP ACTIONS: Upon Council's approval, forward three signed copies of the amendment to the agreement to the County Fire Marshal's Office. ATTACHMENTS: A. Letter from Judy Saunders, Senior Deputy Fire Marshall B. Amendment to the Agreement County of Santa Clara Environmental Resources Agency Fire Marshals Office - Santa Clara County Fire Department County Government Center. East Wing 70 West Hedding Street. 7th Floor San Jose, California 951 10- 1705 (408) 299-3805 FAX 279-8537 July 10, 2000 Ms. Cathleen Boyer City Clerk City Manager's Office City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Re: Proposed Amendment to Adjust Hazardous Vegetation Management Program Fees — 2000/2001 Season Dear Ms. Boyer: For the past twenty-one years, Santa Clara County has provided hazardous vegetation management services to local juriisdictions in order to address the issue of public fire safety in a cost effective manner. Currently, eleven jurisdictions have opted to partner with the County to provide timely weed and brush abatement services and thereby reduce the potential for fire danger in these communities. The economies of scale employed by this cooperative program and our efforts to keep administrative costs to a minimum have allowed us to continue to provide these services to your residents at minimal cost. We are committed to minimizing costs, but at the same time we must ensure cost recovery of the Hazardous Vegetation Management Program as directed by the Santa Clara County Board of Supervisors. Beginning with the start of the 2000/2001 weed abatement season in October 2000, we propose to raise our Hazardous Vegetation Management Program fees from 140% to 150% of the actual weed abatement contract costs for each parcel abated. The proposed County administrative cost increase will equate to an average increase of only 4.17% or $12.25 per parcel in your jurisdiction compared to last year's activity. This increase will cover the rising costs of Program administration anticipated for fiscal year 2000/2001. This increase is Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete McHugh, James T. Beall Jr.. S. Joseph Simitian County Executive: Richard Wittenberg • • due primarily to negotiated labor union contract salary and benefit adjustments for staffing that are scheduled to be increased later this month. It should be noted, however, that the actual salary and benefit adjustments negotiated for this new fiscal year amount to an increase of approximately 7%. As stated earlier, the County is committed to only increasing the administrative fee to the level necessary for ensuring cost recovery based on the current level of projected abatement activity. Hence, the proposed adjustment is being capped at the effective 4.17% level. However, an unknown impact at this time is the actual new rates for the contract abatement services to be provided. The County's current contract with Apple Tractor will expire at the end of the current season in August. We are in the process of issuing a Request for Proposals for a new contract. Depending on the proposals received, there may be additional increases for abatement services that will be passed on to the property owner in accordance with the current contract requirements. In any case, the property owner would only incur costs if they choose not to maintain their property according to the minimum fire safety standards and the County then provides weed abatement services through its contractor. In keeping with the procedures of the current Program, if a property owner provides their own abatement, they are not assessed a fee for our inspection services. For your reference we have provided Attachment A, which summarizes the number of parcels inspected, number of parcels abated and the average cost per parcel, including Program fees for weed abatement services in your jurisdiction for 1996/97, 1997/98, and 1998/99. Attachment B provides an accounting of the Hazardous Vegetation Management Program on a countywide basis for the same period of time. Even with the proposed fee adjustment, we believe the benefits realized by the economies of scale still allow our services to be competitive. A proposed amendment to our agreement for weed abatement services is provided as Attachment C. Please let us know if we can provide any assistance as you carry the amendment forward to your City/Town Councils for approval. Considering our desire to provide uninterrupted service, we suggest the approval process by your Council and our Board of Supervisors be completed this summer. Please return a signed amendment to my attention by September 1, 2000. If you do not wish to continue contracting with the County for weed abatement services, we would appreciate being notified of your decision no later than August 7, 2000 so that we may inform our Board of Supervisors and make any necessary adjustments to the Hazardous Vegetation Management Program. We anticipate our Board will take action on the amendments on August 29, 2000. If you have questions, please don't hesitate to contact me at (408) 299-3805 ext. 207. We thank you for your support and look forward to working with you. Sincerely, udy Saunders, Senior Deputy Fire Marshal Attachments Attachment A: Attachment B: Attachment C: Jurisdictional Summary Countywide Summary Proposed Amendment to Agreement cc: Richard Wittenberg, County Executive Paul D. Romero, Acting Director, Environmental Resources Agency Peter Ng, Financial and Administrative Services Manager, ERA 3 Attachment A Jursidictional Summary 1997 Season 1998 Season 1999 Season Actuals Actuals Actuals Saratoga Parcels on Program 268 294 215 Parcels Abated: State Board of Equalization (SBE) 4. 1 6 Private (Residential & Commercial) 53 38 17 Total 57 39 23 Average Cost Per Parcel Abated (incl Program Fee) State Board of Equalization (SBE) Private (Residential & Commercial) • $ 208.52 $ 256.96 275.97 $ 1,665.93 330.07 $ 293.82 7/12/00 Attachment B 0) coO -p O) O co T d N. 0o 0V N N T Cr) u_ p EA o a Efl 0 0 0 O O O O O O O O O O O O co- CO Q) N CO O) T N r EA EA EA EA EA O O N 0 O O O CC) h N � T CD N r EA EA EA CO 0 y 'a 0) 0 cc 0 N. U) O i N O LL. C O EA tt L 3 a EA EA EA EA O O O co 69 O O O (!) EA O O CO 0 0 O) O LC) N N r T CO r EA EA 69 co CA CA u N O O O Cn Ch Q) fA CA Co EA 0 N CO CO N- u.) co EA 'Cr EA O (n (O r CO C7 I� 0) t EA CO EA Cr) N CO T C) 1•-- 10 0) EA EA Beginning Fund Balance Expenditures: .n U • O O O O O O O O O CO CI) T (f) N N ER EA EA O O O •'/ O N EA O O O O co EA CO CO �CyO� N CO Cf)CD N (D O O) CO CO- CO- Cc (n CO N N 0 T r N EA EA EA EA EA CO O N O T CO CO O O CO CO CO (A CO CO CO- Et N V O CO N N CO (7) T T T EA EA EA EA EA r- 1- N (O CO O CO r (0 N (O N 'tt N C7 O 00O 0 CO N t1) T N N 69 EA .69. EA EA t 0 0. a 0 y a) (0 0 U Qi — r 47. d d C Subtotal Program Administration Contract Abatement Costs 0 0 CO 0 0 C) 0 CO N- CO- CO N- CO T T M EA EA EA "Cr CO N t� CO 0 r •I-- (11O CO CO U) 69 - CO EA Eft O) CO 0 CO N N 0 CO (1) C7 EA LO CO EA EA 0) f- CD f� T co U) `7 CO T - N 0 EA CO In EA EA Total Expenditures Surplus (Deficit) Ending Fund Balance , E vC 0 'O U C • ro-o— E CD o >, 15a) Ts 0)' `m U .n c _ a m U 0) O 0 C 3 O T) 'C 7. 0 u) fn C a) O O O U a V V) CO a) (T 0)� o c c0 'a o a CL T _ as CS O W CD O LL CO> vi O o E N C C r. CT a) N 7 >, i N Q a) a 5 CO _> L a) � Q . .-. w W O o N U O .CO . - = cz O a` 2 E ).c-o 0) E o CD o V (0 a) 0 a� U a) O N (U r to O O > O c0 O 'D C 0 N L E CD 0 a) >, c0 ... to c + E c9 o c0 T a O 0 3 O O a) c L C CL 7 N O U Tim � � � Cl U C U (,) N a) ro o 13) CD 3 C T5 'N m .O O >+ .? O 7.3 (0 as -0 O cn a a) U} a) E o 0 U O C 7 LL (t N 00 a) Cp 2 OC 2 } a_ U a) cc U c m 0 a) O Z O • • • ATTACHMENT C PROPOSED AMENDMENT TO AGREEMENT • FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF SARATOGA FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara (County) and the City of Saratoga (City) previously entered into on November 2, 1981, as amended on May 9, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 is hereby amended to increase the charge for the County's program costs to administer the Hazardous Vegetation Management Program. IT IS AGREED between the parties as follows: 1. Statement of Costs Section 6. of the Agreement shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the 10th day of August of each year. Commencing with the Year 2000/2001 weed abatement season, the County's administrative costs shall be 150% of the cost of the weed abatement contractor for the respective parcels for which services were performed. The statement shall include the description of the Tots and parcels of land for which services were performed, and verification by signature of the County official administering the Hazardous Vegetation Management Program. 2. Except as modified herein, all other terms and conditions of the Agreement remain the same. SANTA CLARA COUNTY CITY OF SARATOGA Paul D. Romero, Acting Director Stan Bogosian, Mayor Environmental Resources Agency August 29, 2000 Date Approve Kathy KrQIImer, Deputy County Counsel rm a.nd le ality: • • • • Hazardous Vegetation Management Program Overview I. HAZARDOUS VEGETATION MANAGEMENT PROGRAM: • The Weed Abatement Program was established under the administration of the County Fire Marshal's Office in 1975. Name changed to Hazardous Vegetation in 1999. • All unincorporated areas of the County and the areas of 12 jurisdictions (by contract) are managed by the program. II. PURPOSE AND OBJECTIVES: • Reduce loss from fires: Reduce the incidence and the intensity of fires by reducing the amount of available fuel. Provide for safer and more effective fire suppression. • Property owner compliance: Primary objective is to have the responsible party maintain their property according to Code. • Abate nuisance weeds: Remove noxious weeds that present a non fire safety concern. • Protect the environment: Work within the guidelines of the County General Plan III. AUTHORITY: • Health & Safety Code: Provides the basic authority for the program, establishes provisions for cost recovery. • Fire Code: 1997 UFC Definitions of fire hazard, combustible vegetation etc.; Regulations for Designated Hazardous Fire Area • Municipal Codes: County Code and all jurisdiction codes and ordinances. IV. WEEDS / HAZARDOUS VEGETATION: • Weeds: Plants of low value that by their presence exclude or retard the growth of more valuable plants. Plants growing where they are not desired. • Hazardous Vegetation: Plants that present a danger to life or property due to their flammability. Plants that create an unsafe condition as a result of their chemical properties, or any other hazard to the general public. V. PROGRAM ADMINISTRATION AND MANAGEMENT: • Staff: Under the Administration of the Senior Deputy Fire Marshal, Coordinator, and three Hazardous Vegetation Inspectors. • Contractor: Competitive bidding every third year. Work is inspected for completeness. Contractor has been in place 15 years; knowledgeable, experienced, and trustworthy. 1 Hazardous Vegetation Management Program OPERATING PROCEDURES: • Parcels added: By Fire Departments :referrals and Inspectors' observations. Abatement on properties not on the program may take up to a year. Due Process (Notice and Public Hearing) must be adhered to. • Properties Removed from Program: After two consecutive years of owner maintenance to standards. • Owners Work: Where work has been completed or started, when the contractor arrives no work is done and an inspector is contacted. • Charges: No charges for inspection of any parcel. If work is ordered, the contractor's charges plus an administration fee are placed onto the Property Tax Bill WORK ORDER CRITERIA: 1. Work is ordered to meet minimum requirements. Inspectors choose the least costly method appropriate, considering exposures, risks and conditions. • Inspection Practices: Each parcel is evaluated individually, standard hazards are: 1. Dry grass and weeds over 6 inches in height along roadways, access ways, and around any structures. 2. Accumulations of combustible debris, or vegetation that creates a threat to exposures. 3. Environmental concerns including erosion are taken into consideration; mowing or handwork may be the only option. 4. We do NOT remove landscaping, nor do we denude property. BRUSH PROGRAM CRITERIA: • 1997 UFC Appendix II -A section.16. ABATEMENT METHODS CURRENTLY ORDERED: • Chemical: Approved herbicides. • Mechanical: Disking and flail mowing • Handwork: Manual clearing and debris removal 2 • • • Hazardous Vegetation Management Program BRUSH ABATEMENT PROGRAM vs. HAZARDOUS VEGETATION PROGRAM • Hazardous Vegetation Management Program (County Office of the Fire Marshal): 1. Annual Herbaceous Vegetation, Noxious Weeds, and Combustible Debris. 2. All unincorporated areas of the County, incorporated jurisdictions contracted. • Brush Abatement Program (County Fire Department then CFMO): 1. Perennial vegetation, brush, trees and shrubs. 2. Designated High Fire Hazard areas. HAZARDOUS VEGETATION MANAGEMENT PROGRAM PROCESS • Properties are identified and a list compiled. Property owner information is requested from the Assessor's Office. • Council passes Resolution declaring weeds, brush and combustible debris a public nuisance, as required by Code. A date for Public Hearing is set. • The County Office of the Fire Marshal mails a notice of the Public Hearing to all property owners on the list as required by Code. BRUSH ABATEMENT PROGRAM PROCESS • County Fire Department sends letters to all property owners in the Hazardous Fire Area. • Engine Companies inspect. • List of properties with hazards is sent to the County Fire Marshal's Office. These properties are incorporated into the Hazardous Vegetation Management Program. • Hazardous Vegetation Abatement Inspectors order contractor work. 3 Hazardous Vegetation Management Program Annual Season Schedule WEED ABATEMENT PROGRAM: • LATE OCTOBER: Resolution declaring weeds, brush and combustible debris on listed properties a public nuisance is passed by Council, as required by Code. Date for Public Hearing is set for thirty days following • LATE OCTOBER/NOVEMBER: Office of the Fire Marshal mails notice of Public Hearing to all property owners on list immediately after Resolution is passed. Mailing includes program information and guidelines, response form is provided for owners. Legal Notices are published as part of the Due Process required by Statute. • NOVEMBER/ DECEMBER: Public hearings are held by Councils and Board. Office of the Fire Marshall is given authority, and ordered to abate hazards pursuant to the State Health and Safety Code Section 14875. • DECEMBER-FEBRUARY: First abatement work begins. • FEBRUARY/MARCH: Inspections are conducted and work orders issued to contractor. • MARCH - END OF JULY: Final inspections and work ordering. BRUSH ABATEMENT PROGRAM: • TANUARY: Letters are sent to all owners of property located within the Hazardous Fire Area. • APRIL 1ST -MID MAY: Engine Companies inspect properties. • END OF MAY: List of non -compliant properties is sent to the County Fire Marshal's. • END OF MAY: Resolution declaring brush a hazard is passed, public hearing is scheduled for the next Council meeting. • EARLY JUNE: At public hearing County is authorized to perform abatement work. • TWO PROGRAMS CONSOLIDATE IN TUNE • AUGUST: Weed/Brush Abatement Assessment List is placed before the Council/Board for approval of charges. List is posted for public viewing 10 days prior to assessment hearing. • SEPTEMBER 1ST: If either the local jurisdiction or the County wishes to cancel the contract, it must be done for the following season by this date, per the contract. 4 • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: 2 MEETING DATE: August 2, 2000 CITY MANAGER: ( )Q ORIGINATING DEPT: Administrative Services PREPARED BY: ///ivvj �p lir�,( VV SUBJECT: Resolution to Amend Memorandum of Understanding (MOU) for Wages, Employee Benefits and Conditions of Employment between the City of Saratoga and the Saratoga Employees Association dated July 1, 1999. RECOMMENDED ACTION(S): Adopt proposed resolution and authorize the City Manager to amend the Memorandum of Understanding accordingly. REPORT SUMMARY: I. Working Out of Classification and Performance Incentive (Longevity) Compensation As agreed by the City Manager and the Saratoga Employees Association (SEA) during the 1999 negotiations of the current Memorandum of Understanding, a committee (two SEA members and two members of management) was charged with the task of developing two programs: compensation for non -management employees working out of classification, and performance incentive (longevity) compensation for non -management employees. After analyzing the committee's proposal and conferring with the designated representatives of both the SEA and the Saratoga Management Organization, staff recommends adopting the following programs effective July 1, 1999. A) Working Out of Classification: Employees who are assigned by a Department Head or City Manager to perform the essential functions of a position with a higher salary range than they are regularly assigned, for more than fifteen (15) consecutive working days in a calendar year, shall receive increased compensation of at least 5% higher than his or her regular compensation. Out of classification assignments shall not exceed one year. B) Performance Incentive (Longevity) Compensation: Non -management employees who have reached the top of their salary range and have remained there for five years may be eligible for a 2.5% salary increase based on an Above Standard rating on their performance evaluation. Five years after meeting the criteria for performance incentive compensation, qualified employees may receive an additional 2.5% salary increase. II. Salary Range Adjustments To increase parity among like classifications and to remain competitive in the marketplace, salary range allocation revisions are recommended effective July 1, 2000 as follows: Current Recommended Classification Range Range Assistant Planner 102 114 Associate Planner 114 120 Human Resource Analyst 108 114 Recreation Supervisor 98 112 Technology Coordinator 114 123 Salary surveys were conducted for all of these positions, and the ranges being recommended are, in every case, at or below the average for the cities surveyed. Both employee bargaining units have been consulted regarding these recommendations. Revising the salary range allocations for these classifications does not result in immediately increased salary costs, but rather allows for salary increases in future years for employees in these classifications. III.Allocation of Maintenance Worker III to Salary Range 90. With the adoption of the fiscal Years 2000-01 budget, the City Council approved the new classifications of Park Maintenance Worker III and Street Maintenance Worker III. It is recommended that these classifications be allocated to salary range 90. The bottom of this range is $3,218 and the top of the range is $4,120. Maintenance Workers I and II, which are in the Maintenance Worker series but have a lower level of responsibility, are at salary ranges 69 and 84 respectively. IV. Broad -banding the Planning Classification Series. Broad -banding the Planning series of employee classifications (which includes the Assistant Planner and Associate Planner classifications) mirrors the existing broad -banding in the Maintenance Worker, Office Specialist, and Engineering classification series. Broad -banding allows greater flexibility to staff positions at levels applicable to skills, experience, and complexity of assignments. Employees are hired at the lowest classification in the broad- band series that is appropriate to their skill level, and if the employee demonstrates the ability to perform at a higher level, the employee may be promoted into a higher classification in the series at the time of their annual review, with the City Manager's approval. FISCAL IMPACTS: I. A) Working Out of Classification No increased cost to the City is anticipated. This formalizes and clarifies the City's current practice. B) Performance Incentive Compensation The increased cost to the City, based upon an implementation date effective as of July 1, 1999, is estimated as follows: FY 99/00 $7,794 FY 00/01 $6,878* FY 01/02 $7,085 2 FY 02/03 $7,297 • • • *One less employee is eligible in FY 00/01 due to reallocation of classifications, effective 7/1/00. II. Salary Range Adjustments Revising the salary range allocations for these classifications does not result in immediately increased salary costs, but rather allows for salary increases in future years for employees in these classifications. III.Allocation of Maintenance Worker III to Salary Range 90. Establishing the salary range allocations for the Maintenance Worker III classification may result in increased salary costs, should the Public Works Director recommend promoting employees in the Maintenance Worker II classification to the Maintenance Worker III classification. There are four employees in the Maintenance Worker II classification who are potentially eligible for the Maintenance Worker III classification. The annual fiscal impact of the increase will be between $2,328 if just one employee is reclassified, up to $9,314 if four employees are reclassified. The Public Works program budget is adequately funded to absorb increased costs. IV. Broad -banding the Planning Classification series. Broad -banding the Planning series may increase Planning Division salaries, should the Community Development Director recommend promoting an Assistant Planner to the Associate Planner classification. The annual fiscal impact would be approximately $2,390. The Community Development program budget is adequately funded to absorb this increased cost. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Potential employee turnover or difficulty in filling vacant positions with qualified candidates. Continued lack of internal parity between classifications of similar scope and responsibility. ALTERNATIVE ACTION(S): Direct staff to return with revised recommendations. FOLLOW UP ACTION(S): Amend the MOU. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution Amending the Memorandum of Understanding between the City and the Saratoga Employees Association Exhibit A — Changes to the MOU (attachment to the above Resolution) Exhibit B — Non -Management Salary Ranges (attachment to the above Resolution) 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON -MANAGEMENT EMPLOYEES WHEREAS, the City of Saratoga, through its designated representatives and pursuant to state law, has met and conferred with the organized employee representative association, the Saratoga Employees Association (SEA), through its designated representatives, concerning proposals for modifications and changes to salaries, benefits and other matters; and WHEREAS, the representatives of the City and SEA have reached an understanding regarding changes in salaries, benefits and other matters for the period July 1, 1999, through June 30, 2001, for employees represented by the SEA, all of which are specified in a Memorandum of Understanding (MOU) dated July 1, 1999, to which reference is made for further particulars; and WHEREAS, the City and SEA have agreed to certain amendments to said MOU as set forth in Exhibit "A" and `B" attached hereto. NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Memorandum of Understanding between the City and SEA, dated July 1, 1999, are hereby amended by incorporating therein Exhibits "A" and `B", attached hereto. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga on the 19th day of July, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Stan Bogosian, Mayor Cathleen Boyer, City Clerk • • management employees who are assigned by a Department Head or City Manager for more than fifteen (15) consecutive working days in a calendar year, to perform the essential functions of a position with a higher salary range than they are regularly assigned shall receive increased compensation of at least 5% higher than his/her regular compensation. Out of Class assignments shall not exceed one year. Under Section III. Salary Administration, add Section III B. Performance Incentive Compensation, to read as follows: Performance Incentive Compensation:. Effective July 1, 1999, non -management employees who have reached the top of their salary range and have remained there for five years may be eligible for a 2.5 % salary increase based on an Above Standard rating on their performance evaluation. Five years after meeting the criteria for performance incentive compensation, qualified employees may receive an additional 2.5% salary increase. EXHIBIT A Technology Coordinator CO ) CD 00 m CO N N CD N_, O N V CD N CO CD O CO A CD ) N CO (O CO V V CA O U1 CAD 44 O CO O N :: IN) CO CO CO 444 .. 4 4 N. N CD N CDA 4 A O Cb i A RANGE Street Maintenance Worker III Street Maintenance Worker II Street Maintenance Worker I Street Maintenance Supervisor Senior Building Inspector Senior Administrative Analyst Recreation Supervisor Recreation Program Coordinator Plan Check Engineer Park Maintenance Worker III Park Maintenance Worker II Park Maintenance Supervisor Park Maintenance Worker I Park Maintenance Specialist Office Specialist III Office Specialist II Office Specialist I Japanese Garden Specialist Human Resource Analyst Facility Maintenance Worker II Facility Maintenance Worker I Facility Maintenance Supervisor Facility Coordinator Community Service Officer Chi CD 1 7C Building Inspector Associate Planner Associate Engineer Assistant Planner Assistant Engineer Administrative Analyst Accounting Supervisor 0 N —I Z 4,468 W co W O N N In N A O A CW C 0 A W CD A O 2,8011 A W W 00 3,032 4,011 2,612 W — 3,124 2,801 N 01 -, W W 0 4,087 N (_n N N A V-,-4 A O W -A W W 0 A O V 4,087 A W COW 4,338 4,087 4,087 W W OM A 0 V STEP A A .n 0o W N A W O O) N Co N 4,056] A 4 00) A W 0W) A O 00) N W N A Cn W? W N () O O) 4,056 2,642 WWNN N N =A C(O Co N CT (W0 3,387 'A = W N b N 2,464 4,056 W 7N N 1 3,387 A -_.....14 W A GW) A 00) 1 - 4,386 A W A W- W A `') W STEP B N A CT Cn Cb W N CO -, W IA 0 0 N Co V — A 0 — A A W U1 A A W 01 A IA O — N W 0) W A In 0) CU W N CO -A W -+ O O 4,101 2,671 WWNNW N U1 00 -A CD A 00 Co 0) 01 W V A N CT 4,179 2,671 2,491 A 0 -, 1 3,258 W A N CP A - V CO A - V CO A A W C)7 A A W 0 A. -A V CO A - V CO W CD A A A -• V LCD STEP C W A Cn -- CD W W N V W W A N V O 0 A -, A 0) A A Cb A A A 00 A 4,1461 N 10 CO 01 A 1D — W W W N V W -+ W A 2,700 A -.> A Co W ro CO A W N N CO N 00 CO 01 N 01 CO CT W A 0) N A N N A N -I O 0 1 2,519 A A A 0) W IV CO A W A O N A IV N A A IV N A A A 00 A A A Cb A A N N A A N N A 1 3,987 A N N A STEP D A 4,668 3,363 3,168 2,729 A - A 01 W N A CT W N A s CO -L 2,9261 4,668 W 4) O W W — 0) Cb N V N CD A — CO -, W W N CO W N 0) A N (0 N O N 0) N W 3,500 4,270 2,729 N (71 A CA A - CO W N CO W O O 4,270 1 4,270 A CC,) N 4,532 4,270 A v 0 4,030 4,270 STEP E 000 A 1-4 00 W W CO CO W h) 0 N N V 0 CO A N W 0) A 01 00 — A 01 W --L A N W 0) N CO 01 Cb A V — 00 W W (0 CO W N 0 N N -1 CT CO A N W 0) W W 0) U1 W N CD CO N (O U1 C)0 N 0) U1 — 3,537 A C0) - Co N V 01 CO N CT V W A N W 0) W 0) 0) CT W (J1 W V A W -+ 0) A 41 0) A U1 — 4,581 4,316 4,316 4,073 4,316 STEP F O A V W W A CW71 W 0W) N V OW0 4,281 1 A 0) CNO A 0) CNO A N - N CO CWO 4,7681 W A 01 0) N 00)) N V 000 A N - W A - 0) W A N (O CWO N Co CVO W Cr 01 A 0) N N V OW0 N 0) O 1 4,281 W A - 0) Cr CVJ1 A C.0 N 1 4,362 A 0) CNO A 0) COO A 0) N A 0) N 4,117 A 0) N STEP G V A 00 00 W A V W N V-, 0 N 00 V A W N 0) A Co V 00 A O) V ) A W N 0) W O N O A 00 00 W A V — W N V— 0 N 00 V A W N 0) W A W 0) W W 0) CO W O N 0 N V O- V W O) W 1 4,408 2,817 N In N ) 1 4,326 W A W-, 0) W O) W 1 4,408 4,408 4,678 A O) V 0) 1 4,408 4,408 4,160 4,408 STEP H C A Co 0) (0-4 W 01 0 W W 0 W N Co A 0) A 0) V A V N V A V N V A 0) V W O U1 N A 0) Co CO W 01 0 V W 0) 0 W N Co A 0) A 0) V -A W A V N W A 0 A W O 0 N N V W 0) W in Cn O A ? U1 W 2,846 2,655 A 0) V --, W A V N W 0) U1 O A A 01 W A A Cn W 4,727 4,727 A A Cn A A A 01 W A N 0 W 4,453 STEPI W A (O -+ CO W CJ1 A 0) W 0) W V N 00 V 0) A A 0) A V V 01 A V V Cn A A -A 0) W O 00 W A CO -+ CO W 01 A 0) W (a) W V N ) V --• 0) A A 0) W 01 0 00 W A W CO W O 00 0) N -1 0) A W O) 00 00 A A CO CO 1 2,876 N Co 00 Ni A A -, 0) W CJ1 O ) W 0) 00 00 1 4,499 A A (0 CO 1 4,775 4,775 4,500 A A co CO 4,246 4,499 STEP J A CO CA CD W U1 V CO Ca W V -, N CO 0 01 A A 0) - A 10 N A A 00 N A A A 0) - w -A A A CO 0) CO w C11 -00 V CO W V -• N (O 0 CT A A 0) -A W Cn A W W A V— A W A 1 2.792 W V N 0 A U1 A 01 N O 0 CT N V s 0 A A 0) -, W 0 A C.3 W V N 01 A Cn A CT A In A U1 A Co N A A Co N A A C11 A 01 A U1 A 01 A N CD 0 A G71 A 0 STEP K --t O O CO CT W O) CJ1 W A (O O N (T 0) A A O 0) A 00 V N A 0) (71 V N A O 0) W A--' 0) CO 0 O W 0) CT W A (O O 01 N CT 0) A 0) A O W to V CO W 0 CO W A 0) N N O W 0) W A CD -, N (O W A N v W -4 A Cn O 0) W (J1 V CO W V 0) W A Cn CO -, A (J1 CO — A 00 V N A C70 V N A C77 CO -+ A 2n (O A W W W A U7 CO -+ STEP L. -a N CT O 0) (0-, W 0) CT W A CO W CO N 0) W A U1 o — A CO (O N — -� A N A m CT W — V V 01 O 0) CO W O) U1 -+ W A CO W CO N C.71 0) 01 W - A W O) -+ 01 W 01 A A W s V V N (0 A 00 W 00 O 0 A 0) (O W Co N 0) W N V Co A A Cr U1 W C7) (ro — U1 W O 0 A W 0) A (o (O 4t 0) A CO N — A N A m 0) V A Cn W 0) A C,) V 0) A p) W 0) STEP FA -� 1vuIUT•r u 1 i , 1 [ I RANGE Street Maintenance Worker III Technology Coordinator 'Street Maintenance Worker II Street Maintenance Worker I Street Maintenance Supervisor 'Senior Building Inspector Recreation Supervisor Senior Administrative Analyst 'Recreation Program Coordinator 'Plan Check Engineer 'Park Maintenance Worker III 'Park Maintenance Worker II 'Park Maintenance Worker I 'Park Maintenance Supervisor 'Park Maintenance Specialist 'Office Specialist III 'Office Specialist II 'Office Specialist I 'Japanese Garden Specialist 'Human Resource Analyst 'Facility Maintenance Worker II 'Facility Maintenance Worker I 'Facility Maintenance Supervisor City Clerk Community Service Officer Facility Coordinator 'Building Inspector 'Associate Planner 'Associate Engineer 'Assistant Planner Accounting Supervisor Administrative Analyst Assistant Engineer TJ 0 CA 0 z --• -s CO -CD CO -4 -4 -4 Ca lo CD 43 in CD 0) io 0) CD co 0) CD ix CD CDCa -n) 0 --• - -a) CO -4). -4 io CD ix CO 0 In CA -1. at -4 CD 3,208 co V 0 co Ca CO in CO N3 co CD Ca 4 CO -. 01 CO 0) CA) 0 CM -. CA) CO Ca CO 4,682 4,682 (D CI) CD ID 0) CD 4,683 0)0) 00 7.3 - CD CO I N) STEP N 14 CT --, 0) (0 Ca) ---4 N 0) 43 -cn 0 --4 Ca) ix Is3 1\3 A -a) 4 - CT -o -) CO CT b) CO .A. a) 4).. -4. 3,240 CT -_. 0) (0 Ca -4 N 0) 3,507 4.) 00) N N.) A 4 " 3,686 CA) 0) " .1:, 3,240 2,904 co V cx 4,728 3,022 1.) co CD 4,641 co 0) CO 0) 3,875 4,728 I 4,728 CT 00 03 CT 03 I 4,728 4 --4 r.) CO 4,462 4,728 STEP 0 15 CT r.) -s CD Ca --4 C31 CO 3,5411 43 0 (71 - A -a) CO 0) C71 b 0) -4 5,067_1 A -a) CO CI) Ca 1.) V -u 5,219 (3 ---4 CT CO--. a cx .11, 4) b C.71 --% A In CO 0) (.) --4 IS., N.) 3,649 3,271 A) CD 0)-• IQ (A) .(3 Ca A --4 V A 3,051 1 2,846 4). -a) CO 0) 3,722 3,913 1 4,774 A --4 -4 A CM 0 CD -4 C71 0 0 V 4). --4 -4 A [ 4,774 I 4,506 A -4 -4 A STEP P " Cf) 01 "r..) 0) CD Ca -4 CD CT 43 IT V 01 3,0801 4,731 sr) - - CT sn - -1. CT A -4 Ca -1. 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MEETING DATE: August 2, 2000 ORIGINATING DEPT.: City Manager AGENDA ITEM: CITY MANAGE PREPARED BY: SUBJECT: CONFIRMATION OF REPORT AND ASSESSMENT OF WEEDS AND BRUSH ABATEMENT RECOMMENDED MOTION: Open public hearing; close public hearing; adopt resolution. REPORT SUMMARY: Under State and local laws, local government routinely abate the seasonal fire hazards of weeds and brush growth on undeveloped property. For the County and several cities, including Saratoga, this weed/brush abatement program is administered by the County Fire Marshal's office. In many cases, property owners find it convenient to have government take care of weed/brush removal and to pay through a property tax lien. This past year, the County performed weeds/brush abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners of these parcels totaled $ 3551.14. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. Marty Hicks of the County Fire Marshal's office will be attending the meeting for any questions. FISCAL IMPACT: None to the City if resolution is adopted. City may be liable for work performed by contractor for any assessments not levied. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News on July 19, 2000 as required by law and list of parcels for fire hazard vegetation abatement was posted for public view in front of the Council Chambers. The County mailed notices to all of the affected property owners. CONSEQUENCES OF NOT ACTING ON MOTION: See Fiscal Impacts. FOLLOW UP ACTIONS: None, this is the last City action in the weed/brush abatement cycle. ATTACHMENTS: A. Resolution B. List of parcels. C. Notice of hearing RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED AND BRUSH ABATEMENT CHARGES WHEREAS, at a regular meeting held on August 2, 2000, the Fire Marshal of Santa Clara County submitted a report to this City Council consisting of all unpaid bills for weed and brush abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Chapter 7 of the Saratoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2000 Weed and Brush Abatement Assessments report, City of Saratoga, prepared by the Fire Marshal of Santa Clara County, which report is attached hereto as Exhibit A and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit A is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof; and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of August 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Stan Bogosian, Vice Mayor ATTEST: Cathleen Boyer, City Clerk • • County of Santa Clara Environmental Resources Agency Fire Marshals Office - Santa Clara County Fire Department County Government Center. East wing 70 West Heckling Street. 7th Floor San Jose. California 951 10-1705 14081 299-3805 FAX 279-8537 July 19, 2000 Cathleen Boyer, City Clerk City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 RE: Public Hearing for Weed Abatement Assessments Dear Ms. Boyer: Attached is the list of properties located within your jurisdiction which have assessments for abatement work done this season. All abatement done has been in accord with the existing agreement between the City of Saratoga and the County of Santa Clara. Please provide for posting of this list and the notice of hearing. The list should be removed from posting once the hearing has concluded Thank you very much for your continued assistance. Please call (408) 299-3805 ext. 211 if you have any questions. Sincerely, X4V14/AL Marty Hicks Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall Jr.. S. Joseph Simitian County Executive: Richard Wittenberg 8 017 IIeH ssa1BuoJ 0LL IZ N) .-. 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Co CO O N OO in CO to W 4A W 00 W 1--iA W O 0o i-+ O\ V '.D '.D OD DO O\ ,--` s.o 00 V V W (.n 00 N V W '.D N co cn ss3uaav 1Wb 11OH XVJ. 1-61 N fD CA O w Q� rt rt rt 0 p 0•n r.t.4lv O ( I ill 04 CA cm O p co 9 • • NOTICE OF HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City Clerk of the City of Saratoga, California, has set Wednesday, the 2"d day of August, at 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearings on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEEDS AND BRUSH ABATEMENT CHARGES. All interested persons may appear and be heard at the above a time and place. If you challenge the subject projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice in written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council's information packet, written communications should be filed on or before the Thursday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue. Questions may be addressed to the City Clerk, 868-1269. /s/Cathleen Boyer City Clerk PUB:07/19/00 • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: August 2, 2000 ORIGINATING DEPT.: City Manager SUBJECT: Agreement for City Manager AGENDA ITEM: CITY MANAGER: PREPARED BY RECOMMENDED MOTION: Authorization to enter into agreement with David Anderson for services as City Manager. REPORT SUMMARY: This agreement reflects direction from the Council and has been approved as to form by the City Attorney. FISCAL IMPACT: Funding is included in the current FY Budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. CONSEQUENCES OF NOT ACTING ON MOTION: An agreement would not be executed and the position would not be filled. FOLLOW UP ACTIONS: City Clerk will send Mr. Anderson a certified copy of the fully executed agreement. ATTACHMENTS: Agreement. VJ�LlVV 11:0U JhL 1L..k111ALI 07/21/2000 c V V— V AGREEMENT FOR EMPLOYMENT OF CITY MANAGER This Agreement is made and entered into this 24th clay of JULY , 2000, by and between the CITY OF SARATOGA (the "City"), a general law city, and DAVID ANDERSON ("ANDERSON"). This Agreement (the "Agreement") shall have an effective date of August 21, 2000. In consideration of the mutual covenants contained herein, the parties agree as follows: I. EMPLOYMENT A. Appointment of City Manager, 1. The City Council of the CITY hereby appoints DAVID ANDERSON to the position of City Manager to perform the functions and duties specified under the laws of the State of California, the Saratoga City Code, the Ordinances and Resolutions of the CITY, and this Agreement and to perform such other duties and functions as the City Council shall from time to time assign. ANDERSON shall serve at the pleasure of the City Council. B. Term of Agreement. 1 _ ' The term of this Agreement shall commence August 21, 2000 and shall continue until terminated by CITY or ANDERSON as discussed below. 2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the CITY to terminate this Agreement without cause at any time, or the right of ANDERSON to resign at any time from his position_ Any such termination or resignation shall be in accord with Section LC, below. C. Termination of Employment. 1. The City Council may terminate this Agreement without cause upon advance written notice, setting forth the effective date of ANDERSON's removal, consistent with Section 2- 20.080 of the Municipal Code, as it may be amended, from time to time. The period of August 21, 2000 through August 21, 2001 shall be considered a probationary term. If the CITY terminates ANDERSON following the probationary Page I of 6 • P:lsaratOOAkuntracts4st005r(Clty Manager Contract).doc U! r Ll% UU 11 : UU [�• anClt, �11ri.j V V i ' • • • 07/21/2000 term, then ANDERSON shall be entitled to a severance payment equal to three (3) months salary, and the continuation of the Health Insurance, Life and Accidental Death Insurance, and Dental Insurance benefits specified in paragraphs B, D, and F of Attachment A for a three (3) month period after termination; provided, that if ANDERSON accepts any new, regular, full-time employment in any capacity, public or private, or enters into an employment arrangement intended by the parties to evolve into regular full-time employment, during the term in which severance payments are being made and severance benefits offered, the severance pay and benefits shall cease upon the date of acceptance of such employment or arrangement. The number of months upon which the severance payment is based and severance benefits are to be offered shall be increased by one (1) on August 21, 2002 and yearly thereafter through 2004. From and after August 21, 2004 the number of months upon which the severance payment is based and severance benefits are to be offered shall remain at six (6). The severance payment shall be paid in monthly installments with the first installment to be paid within ten (10) days of the effective date of the removal. The severance payment shall be based on ANDERSON's then monthly salary. Severance benefits shall begin the first of the month succeeding the effective date of the removal. Such severance pay and benefits shall not be due or payable if ANDERSON is terminated after being convicted of a felony or a misdemeanor involving moral turpitude. 2. If a majority of the City Council requests the resignation of ANDERSON, then ANDERSON may, at his option, deem himself terminated within the meaning of Section I .C.1. 3. ANDERSON may terminate this Agreement by giving the CITY thirty (30) days written notice in advance of termination, at the end of which period this Agreement will terminate, unless the CITY and ANDERSON otherwise agree. Upon termination, whether voluntary, or otherwise, ANDERSON shall be paid for all accrued, but unused, leave time, in full. II. POWERS, DUTIES AND RESPONSIBILITIES A. Employment Duties. I. ANDERSON shall function as the City Manager of the CITY and shall be vested with the powers, duties and • responsibilities set forth in Article 2-20 of the Municipal Page 2 of 6 P:\aaratO0A1contracts\rstQ05r(Clty Manager Contract).doc u7%G1; uu 17 : U1 07/21/2000 L_j U U a- U v Code and California law as they now exist and may be amended hereafter, the terms of which are incorporated herein by reference. In addition, ANDERSON shall perform such other duties as may be assigned by the City Council and which are consistent with the position of City Manager, without additional compensation. Such duties shall include, but not be limited to, the following: a) Assemble and explain pertinent facts and prepare committee reports as required; b) Prepare agendas for Council meetings and advise Council on appropriate priorities and required actions; c) Direct City Clerk in preparation for City Council meetings, maintenance of official records, conduct of municipal elections and execution of related functions d) Represent the City Council in relationships with other governmental and private agencies; e) Confer with and direct all department heads in the formation and implementation of administrative policies and practices; i) Prepare and submit the annual budget; g) Represent City to press and other information media as required; h) Meet with individual citizens groups to discuss complaints and explain City policy; and i) Administer any bonds approved by the voters of the City. B_ Hours of Work. 1. ANDERSON is expected to devote necessary time outside normal office hours to business of the CITY. To that end, ANDERSON shall be allowed flexibility in setting his own office hours, provided that ANDERSON shall work as necessary during customary business hours to satisfactorily perform his duties and responsibilities as City Manager_ M. COMPENSATION OF ANDERSON. A. Salary. 1. Effective August 21, 2000, ANDERSON shall receive a salary of One Hundred Three Thousand Dollars ($103,000.00) per year. The salary will be paid in bi-weekly installments. Page 3 of 6 • • F:\saratOGA\coniracts1rstOO5r(c1ty Manascr Contract).doc Uli.l•'UU 17:Ui .Ej 11 U a) • U v . • • 07/21/2000 2. ANDERSON shall be eligible for a bonus in an amount to be determined by the City Council up to Seven Thousand Dollars ($7,000.00) per year. Award of the bonus shall be based upon the City Council's evaluation of ANDERSONs performance during the review period preceding the award of the bonus. 3. In the event the CITY, at any time during the term of this Agreement, reduces the salary specified in section III.A.1 of this Agreement or benefits specified in section HI.B of this Agreement, then ANDERSON may, at his option, be deemed to be "terminated" by the City Council within the meaning of Section Y.C.1 of this Agreement as of the date of such reduction. B. Benefits, 1. ANDERSON shall receive all benefits as described in Exhibit A attached hereto. IV. PERFORMANCE EVALUATION A. The City Council shall review and evaluate the performance of ANDERSON in January, 2001 and July, 2001 and annually thereafter. ANDERSON will timely cause to be placed on the City Council agenda each year a "closed session" for the purpose of the performance evaluation. Said review and evaluation shall be in accordance with specific criteria developed jointly by ANDERSON and the City Council and shall include a discussion of ANDERSON's overall compensation package and salary. Those criteria may be added to or deleted from as the City Council may from time to time determine in consultation with ANDERSON. V. MISCELLANEOUS PROVISIONS. A. Administration, This Agreement shall be administered by the City Attorney of the City of Saratoga ("Administrator"). All correspondence from ANDERSON to the City shall be directed to or through the Administrator or his or her designee. B. Notices. Any written notice to ANDERSON shall be sent to: David Anderson C/o City Hall 13777 Fruitvale Avenue Saratoga, CA .95070 Page 4 of 6 P:lsaratOOAkantr ctsNrst005r(Clty Manager Comract).doc 07, uu 17: U1 Q' SHUTE , 1I I�kaLi 07/21/2000 Any written notice to City shall be sent to: City Attorney City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 C. Conflict of Interest. ANDERSON warrants that he presently does not have and will not acquire any direct or 'indirect financial interest which would conflict with his performance of this Agreement. D. Assignment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. E. Documents. All documents provided to ANDERSON by the City and all reports and supporting data prepared by ANDERSON for the City are the sole property of the City and shall be delivered to the City upon termination of this Agreement or at the City's written request. All confidential reports, information, exhibits and data, including but not limited to electronic data, prepared or assembled by ANDERSON while he serves as City Manager are confidential until released by the City to the public, and ANDERSON shall not make any of these unreleased documents or information available to any individual or organization, other than the City Attorney without prior written consent of the City Council. F. Effect of Waiver. The failure of either party to insist on strict compliance with anyof the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, and no waiver or relinquishment of any right or power on any given occasion shall be deemed a waiver of relinquishment of that right or power on any subsequent occasions. G. Entire Agreement. The text herein shall constitute the entire Agreement between the parties. H. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof shall be deemed severable, shall not be affected and shall remain in full force and effect. Page 5 of 6 P:lsaratOGA\conUacta1rst005r(CIty Manager Contract).doc Uii/Z1-'UU ji:UL 'c SA lt.,:11111AL1 7, • • 07/21/2000 J. Attorneys Fees. In the event that either party to this Agreement brings a lawsuit to enforce or interpret any provisions of this Agreement, each party shall bear its own attorneys' fees, expenses, and costs. K. Governing Law. This Agreement shall be governed by the laws of the State of California. L. Interpretation. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. IN WITNESS WHEREOF, the CITY has caused this Agreement to be signed and executed in its behalf by its Mayor and Council and duly attested by its City Clerk, and ANDERSON has signed and executed this Agreement, both in duplicate, the day and year first above written. DAVID ANDERSON CITY OF SARATOGA Mayor Stan Bogosian Councilmember John Mehaffey Councilmember Nick Streit Councilmember Evan Baker ATTEST' I � I Clerk APPROVED AS TO FORM: City Attorney Councilmember Ann Waltonsmith Page 6 of 6 P:IsaratOGAlcontacts rst005r(C1ty Manager Contrsct).doc U7/YJ-0U Ut4:51 Q' JhL•1L, j1iiL1 EXHIBIT A - BENEFITS PROVIDED TO CITY MANAGER A. Benefits Allowance The City Manager shall receive a benefits allowance which may be taken in cash and/or used for health insurance coverage, deferred compensation, additional life insurance, and/or additional long term disability insurance. The amount of the allowance is based upon the number of dependents that the City Manager enrolls in the City's PERS Health Program. The benefits allowance is as follows: City Manager $284/month City Manager plus one dependent $384/month City Manager plus two or mom dependents $484/month J.f the City Manager declines to accept coverage in the health plan program, evidenced by signing a waiver form, the City shall contribute a maximum benefits allowance of $142/month. B. Health Insurance The City contracts with the California Public Employees Retirement System for the PERS Health Benefits Program. The types of health plans currently available include two statewide self -insured, fee -for -service health plans (PERS-CARE and PERS CHOICE) and numerous health maintenance organizations. The City Manager may enroll in a. PERS plan of his choice. C. Deferred Compensation The City Manager niay contribute to IRS Section 457 deferred compensation plans offered by the City. The City Manager may contribute to these plans an amount up to the maximum allowed by law. Contributions may come from regular earnings through payroll deductions or from any unused portion of the City Manager's benefits allowance. D. Life and Accidental Death Insurance The City will pay the full premium for life andaccidental death and dismemberment insurance in an amotmt equal to two times the City Manager's salary up to a maximum policy amount of $150,000. E. Long Term Disability The City offers a long term disability plan to provide the City Manager with income protection if the City Manager becomes totally disabled from a covered siclrness or accidental bodily injury. • • VIi .:1� UV 1J:J! IS a1LIE.Alh3LI • The City will pay 75% of the City Manager's full salary and maintain existing insurance benefits, subject to eligibility requirements and other terrns of the City's disability plan, for the first six months of any long term disability. 'Thereafter the group insurance policy will cover 2/3's of the City Manager's salary up to a maximum payment of $2,000 per month. In addition, the City Manager may choose to purchase additional LTD coverage on his own to cover 2/3's of his salary up to a maximum of $9,000 per month. F. Dental Insurance Plan The monthly benefits allowance provided for in Section A shall be increased by one of the following amounts to reflect the City's contribution towards a dental insurance plan on behalf of the City Manager. City Manager - $45 per month City Manager + 1 dependent - Full plan premium City Manager + 2 or more dependents - Full plan premium If the City Manager declines coverage in the dental insurance plan, he shall receive an additional benefits allowance of $25 per month. G. Annual Leave Time The City Manager will accrue annual leave time at the following rate: First 60 months of gqploy rent - 22 days (176 hat) per year 61st through 120th month of 27 days (216 hours) per year employment (including employment in prior positions with the City) 121+ months of employment - 32 days (256 hours) per year Annual leave is to be used for all time off from work except for Jury Duty, or Family Leave. At the end of each calendar year, the City Manager may carryover up to 12 days (96 hours) of accumulated leave earned during the calendar year. Each January, the City will pay the City Manager for one-half of his accumulated leave balance in excess of 320 hours. This leave payout plan considers half of accumulated leave to be vacation leave and the other half to be sick leave. H. Administrative Leave The City Manager shall receive five (5) days of Administrative Leave each fiscal year. Such leave may be used under the following conditions: a. No more than one day of administrative leave may be taken at one time. b. Administrative leave shall not be taken in conjunction with any vacation. c. Any administrative leave not used within the fiscal year in which it is earned cannot be carried forward to the succeeding fiscal year. 2 07%11.1%UU SHUIE,MIHaLY ju1u- Administrative leave shall not be eligible for payout under any circumstances. 1. Holidays The City Manager shall be entitled to all paid holidays observed by the City in accordance with established City policies, regarding holidays. J. Jury Duty Leave If the City Manager is called for jury duty, he shall continue to receive full pay and benefits for that period of absence. Fees received for jury duty, less expenses, shall be remitted to the City. K. Industrial Injury Leave This is leave for an on-the-job injury or illness. The City shall pay the City Manager's full salary for the first three consecutive workdays of absence due to any one injury or illness. In the event that such leave exceeds three consecutive workdays, the City Manager shall be entitled to workers compensation benefits as prescribed by law. In addition, the City Manager may use accumulated annual leave to supplement workers compensation benefits up to his full salary. Upon exhaustion of annual leave, the City Manager can choose to continue to receive benefits as if he was on long term disability pursuant to the long term disability provisions contained in Section E, within the limits of the City's group insurance plan for long term disability. While on Industrial Injury Leave, the City Manager will continue to receive full City paid insurance benefits (medical, Iife, and long term disability) up to 12 months from the date of injury. The City Manager will not continue to accrue annual leave after accumulated paid leave has been used up. L. Retirement The City is a contracting agency of the Public Eritployees Retirement System (PERS). The City pays 100% of the City. Manager's 7% employee's contribution in addition to the City's contribution. M. Auto/Professional Development The City shall budget an amount equaling at least $5,000 per year as reimbursement to the City Manager for automobile/professional development expenses, including membership dues, subscriptions in professional associations, and attendance at meetings, seminars, workshops, and conferences. N. Section 125 Benefits Plan (Cafeteria Plan) The City provides a Section 125 Benefits Plan (Cafeteria Plan). This plan is authorized pursuant to Internal Revenue Code Section 125 and allows the City Manager to receive non-taxable benefits in exchange for an election to reduce taxable compensation. By allocating an amount from regular salary and/or the monthly benefits allowance to the plan, the City Manager can pay for qualified expenses with pre -taxed earnings. The City Manager shall be entitled to participate in the plan to the extent allowed by law. 3 07,;:i-u6 Us:�_ �ri��lr..?ilnaLi • • Q. Employee Assistance Program The City Manager shall be entitled to utilize the City's Employee Assistance Program in the manner afforded all City employees. 4 • • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM 7? MEETING DATE CITY MANAGER: ORIGINATING DEPT City Manager DEPT. HEAD: Paula Reeve PREPARED BY:Cary Bloomquist SUBJECT: Status on Saratoga Playfields RECOMMENDED MOTION(S): Informational Only REPORT SUMMARY: Land use for playfields in Saratoga has been analyzed by City Staff and reviewed by City Council for the past several years with the same finding; there is an acute shortage of flat, available land for recreational use as playfields in Saratoga. Within the past 18 months, City Staff was directed by Council to reinvestigate the availability of land for recreational use as playfields. All of the school districts that serve Saratoga Residents were contacted, as were local religious organizations, service clubs, businesses, and other groups, both public and private, to discuss the availability of land for recreational use as playfields. The feedback was clear; the community groups contacted stated their facilities were being utilized to their full capacity, with no additional capacity at the present time. The groups contacted conveyed a willingness to assist the City in any manner they could in finding available land for recreational use as playfields, but maintained they do not have any additional land or facilities for this purpose. During the past several months, City Staff has been working with the primary user group of playfields in Saratoga, A.Y.S.O., in an effort to discover additional facilities or "flat grass" areas that are not presently being utilized for playfields. As directed by Council, City Staff, working with A.Y.S.O., has contacted the various community groups in an effort to procure new land for playfield development and explored possible ways of increasing the use of existing playfields. Present tonight is A.Y.S.O. Regional Commissioner Mark Linsky, who is prepared to respond to questions from Council regarding practice field needs for A.Y.S.O. Saratoga Little League baseball is another significant user group of the playfields. For the 2000/2001 seasons, Little League does not anticipate any shortage of fields for practice or league ti play. The 2001 season may need to be shortened due to anticipated construction at Congress Springs Park. Per meeting with Little League, this is not a significant issue for the 2001 season. Working together, A.Y.S.O. and City Staff have recently procured 5 additional playfield sites: 1 at the Mormon Church in Saratoga, 2 at El Quito Park, 1 at Wildwood Park and 1 at Beauchamps Park, all located within Saratoga. According to A.Y.S.O. Regional Commissioner Mark Linsky, Saratoga is host to 105 soccer teams this season with participation increasing each year. The present needs of A.Y.S.O. for the 2000 season are as follows: 1. 33 practice fields needed per day at 100% usage or 38 fields needed per day at 85% usage. 2. 31 practice fields are currently available per clay at 85% usage, with an additional 4 fields available, contingent upon district approval, per day at Christa McAuliffe School (attachment #1). 3. The resulting unmet need for the 2000 A.Y.S.O. season is 7 fields per day at 85% usage (Attachment #1). New leads for additional playfields at De Anza College and Rolling Hills School in San Jose have been and continue to be researched by City Staff. Two sites may be available at De Anza College. The City Manager, working with Council member Ann Waltonsmith, is pursuing this lead (an update will be provided at the next regular Council Meeting on September 6, 2000). The use of Rolling Hills School in the Campbell Union School District was researched by Staff and is not an option this year due to the need to reserve the facilities 1 year in advance (this applies to usage of all school facilities in the Campbell Union District). Staff is researching an additional 4 playfield sites at Christa McAuliffe Elementary School in the Cupertino Union School District and 4 playfield sites at Country Lane School in the Moreland School District. For Christa McAuliffe School, the City of Saratoga is the first potential user group to complete the school usage form and will likely have priority in reserving the facilities once school administration returns on August 14, 2000. Country Lane School has been contacted regarding facilities usage and City Staff should receive a response once school administration returns on August 1, 2000 (an update will be given at next regular Council Meeting September 6, 2000). If the City is able to reserve these two sites, A.Y.S.O will gain approximately 8 practice fields per day, satisfying their unmet practice field need for the 2000 season. Presently, the greatest unmet need for Saratoga A.Y.S.O. is available practice fields. Research by Staff indicates a lack of available "flat grass" areas for playfield development in Saratoga and the use of existing playfield facilities is at full capacity. There remains a shortage of safe practice field space this year, and with construction occurring or scheduled to commence at the local schools and at Congress Springs Park, practice sites are going to be scarce for the 2000/2001 seasons. Entering into usage agreements with neighboring schools districts such as Cupertino, Campbell and San Jose in conjunction with continued outreach into the community for new sites is going to be necessary if we are to keep pace with the growing demands of the various user groups in Saratoga. • • • • • • Summary: The needs of A.Y.S.O. for the 2000 season should be met if the City is able to procure the usage of the playfield sites at Christa McAuliffe School in the Cupertino School District and Country Lane School in Moreland School District. For the 2001 season, with construction at Congress Springs Park and at the local schools, A.Y.S.O. will be challenged to meet their practice field needs. Possible leads for practice fields for the 2001 A.Y.S.O. season are Rolling Hills School in the Campbell Union School District and De Anza College. These sites, combined with possible increased usage at West Valley College, will meet a significant portion of the needs of A.Y.S.O. during the construction of Congress Springs Park. FISCAL IMPACTS: Informational report only ADVERTISING, NOTICING AND PUBLIC CONTACT: None. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Informational report only. FOLLOW UP ACTIONS: Contact with Christa McAuliffe School and County Lane School regarding facilities usage. ATTACHMENTS: 1. Saratoga A.Y.S.O. Practice Field Needs. :H z W .0 'H N O N CV z N i.� 0 0 aL 0 cn tT 0 m 24Ju100 Status v2 Comments School construction. Shared with CYSA. C`• School construction. 1 Only available, Mon/Wed/Thurs. Only available, Mon/Tues/Wed. Not very useful. School construction. School construction. U8: nr Cox/Sar-Sun Rd; not (?) appropriate. U8: nr football players; not (?) appropriate. Shared with CYSA. 'Very small for U10. 1Very-small-forU10. _. (Includes fractions of fields for QP and MC.) lity, which is complicated by the requirement of having two adults (one who is gender appropriate) at every practice. * No rest time for field which wears it out, both short-term and long-term. 1 1* Some fields are probably in-appropropriate in size and location/environment. O tj O d N Ii 0 r r d• co C`• O N r N N N r 0 0 r r r N N r M MC7 M C1C) availabi O R N- o O 1 %OOI ° 0 0 r 0 0 r C. 0 r Cs- o O %001. ° 0 ° 0' 100% Cr. O r O O r O o O %00 I O° O r S 0 0 r 0 0 r 0 0 r * Coaches need some flexibility to fit work schedules to practice field N L d au. co r N NI- Co Cs- N N N V N N r NC r r N N N r Soccer Fields O O r O M N C`• O O O O r r 0 0 0 0 0 r 0 0 0 Description Grassy field, no goals. Grassy field, no goals. Soccer field w/goals. Grassy field, no goals. Soccer field w/goals. Soccer field w/goals. Outfield grass of baseball field. 1 Un-level grassy field, no goals. Grassy field, no goals. Grassy field, no goals. Soccer field w/goals. Soccer field w/goals. Soccer field/grassy field, small. Outfield grass of baseball field. Grassy field, no goals. Grassy field, no goals, small. Grassy field, no goals, small. Soccer field w/goals. Grassy field, no goals, small. vi m 0 rn 0 c -o .) a co co 1. /L� Mounded grassy field, no goals. Total Practice Fields Available Practice Fields Required (at 100% usage) Practice Fields Required (at 85% usage) Q BP BHS CMS CSP CSP CL FS KMP MC 'I QP RMS/U RMS/U RMS/U RMS/L Cn u) u) 0) co MLS (1) —IL.L M WVC ^ Argonaut School Beauchamps Park Blue Hills School Christa McAuliffe School (Congress Springs Park Congress Springs Park Country Lane Foothill School Kevin Moran Park Mormon Church Quito Park Redwood Middle School - Upper Redwood Middle School - Upper Redwood Middle School Upper Redwood Middle School - Lower Saratoga School Saratoga High School Saratoga High School (Marshall Lane School Marshall Lane School West Valley College [Wildwood Park Total 2000 Total 2000 Full -use issues: Printed: 7/25/00 [1*PM] ... • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: q--- MEETING DATE: August 2, 2000 CITY MANAGE ORIGINATING DEPT.: City Manager PREPARED B SUBJECT: Reappointment of Representative to Valley Transportation Authority's Bicycle Advisory Committee (BAC). RECOMMENDED MOTION: That Council reappoint Mr. Jim Stallman to the Bicycle Advisory Committee. REPORT SUMMARY: The Valley Transportation sent the attached letter requesting the City Council reappoint Mr. Jim Stallman to the Bicycle Advisory Committee. They advise the Council that he is a member in good standing and has served the BAC well. They asked that you reappoint him for another two (2) year term. FISCAL IMPACT: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING ON MOTION: The City of Saratoga would not be represented on the BAC. FOLLOW UP ACTIONS: N/A ATTACHMENTS: Letter from the Valley Transportation Authority. air TAA N T A CLAR A Valley Transportation Authority June 29, 2000 Stan Bogosian Mayor CITY OF SARATOGA 14656-C Big Basin Way Saratoga, CA 95070 Dear Mayor Bogosian: On behalf of VTA's Bicycle Advisory Committee (BAC), I request that the City of Saratoga designate their representative to the BAC for the new term beginning July 1, 2000. The BAC advises VTA's Board of Directors on funding for bicycle projects and bicycle planning issues. The BAC bylaws specify that each member is appointed to a two-year term and that representatives may be re -appointed to consecutive terms. The appointee must be a member of Saratoga's local bicycle advisory committee, shall live, work, or both in Santa Clara County during their terms, and cannot be City staff or a member of the City Council. The City of Saratoga has one membership position on this committee. The term for Saratoga's current BAC representative, Jim Stallman, will expire on June 30, 2000. Mr. Stallman is a member in good standing, has served the BAC well and is eligible for reappointment. Since representation on the BAC is very important, it is requested that Saratoga initiate the necessary action to either reappoint Mr. Stallman or appoint another representative to this committee as soon as possible. At your earliest convenience, please designate in writing to the VTA Board Secretary your selected BAC representative for the upcoming term. Please mail, fax or email your selection to: Fax: Email: U.S. Mail: (408) 955-0891 board.secretary@vta.org VTA Board Secretary 3331 North First Street, Building B San Jose, CA 95134-1906 3331 North First Street • San Jose, (A 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.2300 • • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: AUGUST 2, 2000 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: \ DEPT. HEAD: SUBJECT: Resolution accepting Offer of Right of Way for trail improvements Recommended Motion(s): Move to adopt the Resolution accepting the Offer of Dedication. Report Summary: Attached is a Resolution which, if adopted, would accept an Offer to Dedicate Right of Way on the property owned by Mr. & Mrs. Mitchell at 22101 Mt. Eden Road. It is necessary to accept an offer of dedication across the Mitchell's property in order to improve trail segment #51, which when constructed will link segment #10 at the north end to segment #12 at the south end (see attached Trail Master Plan). Segment #51 is listed in the City's Parks and Trails Master Plan as an important segment because of safety issues. Presently, users are forced to move onto Mt. Eden Road for the length of this segment. The Offer encompasses Mt. Eden Road to its centerline and adequate width along the shoulder to allow trail improvements (see attached Exhibit "B" of Offer). The Parks and Recreation Commission has selected trail segment #51 as a high priority for improvements and has recommended that the improvements be funded with Park Development Funds designated for trails. If approved, the trail improvements will be completed by the end of the summer by the City's contractor, J.J.R Construction, who was recently awarded the 2000 Annual Concrete Repair Proj ect. Fiscal ImpactR: Approximately $1,200 for preparation of the Legal Description and Plat by the City Surveyor, and $15,000 for the proposed trail improvements. Consequences of Not Acting on the Recommended Motions: The Offer would not be accepted and the trail segment could not be improved. Alternative Actions: None. Follow Up Actions: The Resolution with Offer attached will be recorded. Advertising, Noticing and Public Contact: Nothing additional. Attachments. 1. Trail Master Plan. 2. Resolution with attached Offer. • • • PARKS TRAILS MMT!RRjj • • • • N •• f • Recording requested by, and to be returned to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, California 95070 RESOLUTION NO. 36-B- RESOLUTION ACCEPTING OFFER OF DEDICATION WHEREAS, a portion of the lands of Rowland Lane Mitchell and Ruth Yvonne Mitchell, as Trustees of the Mitchell Family Living Trust have executed an Offer to Dedicate an easement and right of way for a public city street over said property, said Offer attached hereto and to be recorded concurrently herewith. NOW, THEREFORE, the City Council of the City of Saratoga hereby accepts the aforementioned Offer of Dedication and directs a copy of this Resolution and the Offer to be recorded together in the Office of the County Recorder for Santa Clara County. The above and foregoing resolution was passed and adopted on the day of , 2000, at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK • • • OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES For valuable consideration, the undersigned owners of the hereinafter described real property, hereby warranting that they constitute all of the owners thereof, for themselves, their heirs, successors and assigns, hereby irrevocably offer to dedicate to the City of Saratoga, a Municipal Corporation, an easement and right of way for a public city street (including all trees or growth presently growing or as may be grown within said right of way) upon, under, over and across that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, and more particularly described as follows: Per Exhibit A and Attached and also per details cited in the letter of June 16, 2000, from John Cherbone,: Saratoga City Public Works Director, a copy of which is attached as an addendum to Exhibit A. It is understood this is a 20-foot easement measured from the center of Mount Eden Road. The undersigned understand that the within offer can only be accepted by resolution of the City Council of the City of Saratoga pursuant to Streets and Highways Code Section 1806 of the State of California, and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. This offer shall be irrevocable and shall be binding upon our heirs, personal representatives, successors and assigns. The plural as used herein shall include the singular, and the singular include the plural. Exdcuted thise day of 2000 . (All Si natures must be acknowledged before NotarPublic - attach either Corporate, individual of partnership notary orm.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 (�.11llll.�./Ill./lllllllllllllltlfllll.IlJlllllllll.,r�l�llllll./ll!l�llllllllll�� 11 State of County of 1210 0/7/Zi�� On 7/rN .1Jn before me, NAME, TIJL OF OFFICER - E.G.,'JANE DOE, 41QIARY PUBLIC" 1/ DATE personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of . satisfactory evidence to be the person(s) whose name(s) i.share subscribed to the within instrument and ac- knowledged to me that h.®/sh1e/they executed the same in-hisaier/their authorized capacity(ies), and that by his/hor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JUUE A. KOEHLER Commission # 1191296 Notary Public - Carfomia Santo Clara County [ My Comm_ Espies Jul 26, 2002 WITNESS my hand and official seal. e& a 4%u OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER n PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) n GUARDIAN/CONSERVATOR n OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE JY./l�1.�1-/ll!1.11flllJl�lll�l!Il�ll�l..rllll!l./✓./lJIll�ll/lllllflll./llllllJ ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 • • • EXHLBIT A APN: 503-09-008 All that certain parcel of land situate within the City of Saratoga, County of Santa Clara, State of California, being a portion of the the lands of Rowland Lane Mithchell and Ruth Yvonne Mitchell, as Trustees of the Mitchell Family Living Trust dated March 11, 1991, for Street purposes, and being more particularly described as follows: COMMENCING at a point in the centerline of Mount Eden Road, at the Easternmost corner of that certain 7.76 acre tract of land described in the Deed from Chas. E. Moore, et al, to Frank Voss, et ux, dated April 26 1945, : recorded in Book 1266 Official Records, page 402, in the office of the Recorder of the County of Santa Clara, State of California; THENCE Southwesterly, from said Point of Commencement along the general Southerly line of said 7.76 acre tract of land, South 60°12' West for a distance of 0.86 feet to a point in the Monument Line of Mount Eden Road as established by the County of Santa Clara on that certain Record of Survey Map filed in Book 435 of Maps at page 25 in the office of the Recorder of the County of Santa Clara, State of California, as said point in the Monument Line of Mount Eden Road is shown on that certain Parcel Map filed April 9, 1990 in Book 612 of Maps at pages 35 and 36 in the office of the Recorder of the County of Santa Clara, State of California; THENCE continuing Southwesterly, from the point in the Monument line of Mount Eden Road, and along said general Southerly line of 7.76 acre tract of land, South 60° 12' West a distance of 20.01 feet to a point in the Westerly sideline of Mount Eden Road, 40 feet wide, said point being the True Point of Beginning of this description; THENCE Southwesterly, departing from aforesaid general Southerly line of the 7.76 acre tract of land, from the True Point of Beginning, and along the said Westerly sideline of Mount Eden Road, 40 feet wide, said Westerly sideline being parallel with said Monument line of Mount Eden Road and 20 feet Westerly thereof, South 31 °26'44" East a distance of 148.71 feet to a point on the Northwesterly line of Tract No. 6701 filed June 11, 1985 in Book 544 of Maps at pages 33-38 in the office of the Recorder of the County of Santa Clara, State of California; THENCE Northeasterly, along aforesaid Northwesterly ,line of Tract No. 6701. North 35 °44' East a distance of 21.70 feet to a point in aforesaid Monument line of Mount Eden Road; THENCE Northwesterly, along said Monument line of Mount Eden Road, North 31°26'44" West a distance of 139.72 feet to aforesaid point in the general Southerly line of 7.76 acre tract of land; THENCE Southwesterly, along said general Southerly line of 7.76 acre tract of land, South 60° 12' West a distance of 20.01 feet to the True Point of Beginning. Being a portion of the lands of Rowland Lane Mitchell and Ruth Yvonne Mitchell, as Trustees of the Mitchell Family Living Trust dated March 11, 1991. This Description was prep. ed by the underss�igned. 05-23f2000 r • n E. McDowell Land Surveyor No. 3414 License Expires: June 30, 2000 • • • EXHIBIT °B. PARCEL MAP 612 Maps 35 & 36 1266 O.R. 402 7.76 Acre Tract N60"12'E J J m lit O 0 = V' O O 1 F- Q) H -MMI 1.(- 0 0 o In N (n In . O In Z. zinc_ < < J 535 ,0. � /BOO pP . W a_ 0 1 LC) r N 20' 0 O EDEN ROAD x DEDICATION PLAT Thi P1 a pre by me. RREN E. McDOWELL and Surveyor No. 3414 License Expires 06-30-20 7974 PUMPKIN DRIVE CUPERTINO CA 95014 City of Saratoga Santa Clara County State of California DATE: 05-23-2000 SCALE: 1 "= 50' PAGE 1 of 2 13777 FRUITVALE AVENUE • SARATOGA Incorporated October 22, 1956 June 16, 2000 Rowland Mitchell 22101 Mt. Eden Rd. Saratoga, CA 95070 Dear Mr. Mitchell, CALIFORNIA 95070 • (408) 868-1200 COUNCIL MEMBERS: Evan Baker Stan. Bogosian John Meharrey Nick Streit Ann Waltonsrnith The City will repair the culvert on your property next to Mt. Eden Road to alleviate the potential safety problems you have identified. To accomplish this, the City will need an easement as described in the documents we have provided. This 20-foot easement is almost completely covered by the existing travel way of Mt. Eden Road. The culvert in question is located in the shoulder area of the traveling way. Since the repair is relatively simple, we will not be generating construction plans for the project. Our intention is to lengthen the culvert by thickening the wall of concrete abutment 4 to 5 feet without impacting the drainage. This is the plan you proposed in your memo of Oct. 20th, 1999. We would like you to attend a meeting at the site with the contractor doing the work to be performed, to allow your input. Although some very minor vegetation clearing may be required to gain working access to the culvert; we would not disturb any trees or other structures (such as gate posts or mailbox) without your prior approval. It will be our responsibility to leave the site in its original condition, as is possible. If this meets with your approval, please return a _notarized signed copy of the grant of easement. We will notify you in advance to schedule the site meeting. If you have any questions, please call me directly at 868-1241. Sincerely, (-1Z&Se4iLk_ John Cherbone, Public Works Director cc: Dennis Paboojian • printed on recvcIed paper • • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM \ \ MEETING DATE: August 2, 2000 CITY MANAGER. Irl6j..... -- ORIGINATING DEPT: Administrative Services PREPARED BY: Met J l >P4a /I/ SUBJECT: Independent Contractor Agreement for Architectural Services for the Library Expansion and Renovation Project RECOMMENDED ACTION(S): Approve the Independent Contractor Agreement with BSA Architects for architectural services for the Saratoga Community Library expansion and renovation project. REPORT SUMMARY: On May 17, 2000, the City Council approved a Request for Proposal (RFP) to solicit proposals for architectural design services for the Saratoga Community Library expansion and renovation project. The following day, the RFP was distributed to twenty-seven qualified architectural firms in the area. Seven proposals were received by the City in response to the RFP by the June 22 deadline. The Library Expansion Committee, after thoroughly reviewing the proposals and performing reference checks, selected three firms to be interviewed. The interviews were conducted on July 18 by the Library Expansion Committee. After the interviews, the Library Expansion Committee debated the merits of each of the three firms, and voted to recommend BSA Architects to the City Council, based upon the quality of their staff, their previous experience and their references. Direction was given for the City Manager and the Administrative Services Director to negotiate a contract with the firm. At their meeting on July 26, the Citizens Oversight Committee reviewed the process for interviewing and selecting BSA Architects, as well as the terms of the Agreement that was negotiated with them. The Committee agreed with the recommendation of the firm and the terms of the Agreement, based upon the information provided to them. Attached for your review is the Independent Contractor Agreement between the City and BSA Architects. The City Attorney has reviewed the Agreement, and his comments have been incorporated. The Agreement is for an amount not to exceed $1,307,150. This includes the services of the design team as well as a myriad of consultants providing specialized services including structural, mechanical, civil, and electrical engineering, lighting and acoustical design, landscape design, interior design, geological surveys, energy analysis, and price estimating. The City will contract for a technology consultant separate from this contract. FISCAL IMPACTS: The Agreement is for an amount not to exceed $1,307,150. Previous to the Library bond being sold, the General Fund will carry the cost for these services, and will be reimbursed from the Library bond proceeds once the bond is sold. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The design phase of the project will not begin as scheduled. ALTERNATIVE ACTION(S): Direct staff to return on September 6 with a revised contract. FOLLOW UP ACTION(S): Distribute the Agreement to BSA Architects and begin the Library expansion and renovation project. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A - Independent Contractor Agreement with BSA Architects for Architectural Services Exhibit 1— Response to RFP • • • • CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and BSA Architects ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM. The term of this Agreement commences on August 2, 2000, and extends through completion of the project which is estimated to be October 2002, 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. The City will issue a notice of completion to Contractor upon completion of the project. 3. PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments- to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 1 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc ATTACHMENT A 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 i 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. i 7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by City Manager ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Mark Schatz, AIA, Principal BSA Architects 350 Pacific Avenue San Francisco, CA 94111 Notices to City shall be sent to: City Manager City of Saratoga 2 of 24 O:Wlex\Library Expansion\Contracts\ArchitectContract.doc • City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Date: 71/er) Print Name: ftfv Position: CITY OF SARATOGA, a municipal corporation By: Name: Title: Date: O:\Alex\Library Expansion \Contracts\ArchitectContract.doc 3 of 24 APPROVED AS TO FORM: By: City Attorney Date 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 • 4 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc • • • EXHIBIT A SCOPE OF WORK Contractor shall complete the Scope of Work, as described below: PHASE I: PROGRAM REVIEW AND CONCEPTUAL DESIGN 1. We will review your program with library staff, and make any necessary adjustments prior to starting our design work. We will also meet with the City planning department to assess their constraints on the site. 2. Our Surveyor consultants will prepare a base survey of the site, indicating topography, existing structures and vegetation, and all utilities. Simultaneously, our geotechnical engineer will do their test borings and prepare their report, which will include recommendations for foundation systems. 3. The architect and landscape architect will prepare conceptual design alternatives for review and discussion with your library expansion committee and library staff, and work from those to prepare a preferred scheme for public presentation. These will be presented to the various groups outlined in the RFP. Once this scheme is reviewed and revised, we will work with your environmental consultant to see that the necessary applications are made for planning and design review. 4. We propose to provide a maximum of two water color renderings at this stage, for use in these public presentations and in any fundraising or other promotional efforts for the project. 5. The architect and construction cost estimators will prepare a preliminary construction cost estimate and establish a working project budget document that will be regularly updated as the project progresses. This chart will track all of the project costs, including construction, fees, permits, furnishings and contingencies. PHASE II: SCHEMATIC DESIGN 1. Once a preferred scheme is approved by the library expansion committee and the City Council, the architect will proceed with the schematic design phase of the project. 2. During this phase, the main objectives will be to resolve the functional aspects of the design, to develop an architectural vocabulary for the exterior and interior of the building and determine the most appropriate systems for constructing the building. We will meet on a regular basis with your committee, and with the library staff, to help ensure that the concerns outlined in the building program are effectively addressed. O:\Alex\Library Expansion\Contracts\ArchitectContract.doc 5 of 24 3. The schematic package will include the following materials: Site Plan Landscape Plan Preliminary Grading, Drainage and Utility Plan Building Floor Plans Preliminary Shelving / Furnishing Layout Building Sections Building Elevations 2 Watercolor Renderings Materials Board Schematic Plans and/or Scope Descriptions for Structural, Mechanical and Electrical Outline Specifications 4. The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs, and an update of the overall project budget worksheet. 5. Optional services during this phase include building a detailed model or creating a computer generated 3D animated "virtual tour" of the new library. These animations have proven very helpful in other communities, both for 'communicating the design to the City Council, Design Review Board and other reviewing boards, and in public fundraising efforts. PHASE III: DESIGN DEVELOPMENT 1. Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of the following drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other ele- ments as may be appropriate. 2. The Architect shall submit to the Owner a more comprehensive Design Development estimate of construction cost based on current area, volume or other unit costs. 3. Our design development package will include the following materials: Site Plan Landscape Layout Plan Planting Plan and Materials List Preliminary Landscape Details Grading, Drainage and Utility Plans Typical Site Details Code Analysis and Exiting Diagram • 6 of 24 O:Wex\Iibrary Expansion\Contracts\ArchitectContract.doc Building Floor Plans Updated Shelving / Furnishing Layouts Building Sections Building Elevations Typical Construction Wall Sections and Related Standard Details Selected Interior Elevations Reflected Ceiling Plans Preliminary Finish, Window, Door and Louver Schedules Preliminary Signage Layout and Specification Foundation and Framing Plans Typical Structural Sections and Details Mechanical and Plumbing Plans and Diagrams Typical Details for Mechanical and Plumbing Power, Data and Telecommunications Plans Interior and Exterior Lighting Plans Lighting Schedule with Fixture Cuts Outline Specifications PHASE IV: CONSTRUCTION DOCUMENTS 1. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings, Calculations and Specifications setting forth in detail the requirements for the construction of the Project. 2. The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. The Architect's assistance shall be limited to advice on technical architectural matters and shall not include advice on legal or insurance matters. 3. The Architect shall submit to the Owner a more detailed estimate of construction cost at the 80% compete point of the Construction Documents, based on current area, volume or other unit costs. 4. The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project, and shall make the necessary revisions for resubmittal. PHASE V: BID AND PLAN CHECK 1. During this period, we will revise the drawings based on any comments from the City building department and County fire department plan checks. We will also assist your construction manager in the preparation of bid documents. 7 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc 2. During the bid period, we will respond to questions and issue addenda for distribution by the construction manager. Finally, we will assist in the review of the bids and selection of a preferred contractor. As an aside, we strongly recommend a pre -qualification process to limit the number of contractors actually bidding the job to a group, all of whom are qualified to build the library. PHASE VI: CONSTRUCTION ADMINISTRATION 1. The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, unless extended. 2. The Architect shall provide administration of the Contract for Construction as set forth below. 3. Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the General Contractor, which consent shall not be unreasonably withheld. The Owner shall be solely responsible for ensuring that any agreement between the Owner and Contractor or any other party is in conformance with the terms and conditions contained in this Agreement. If the agreement between the Owner and Contractor or any other agreement requires services of the Architect beyond the Basic Services described in this Agreement, the Owner agrees that the Architect shall be compensated for such services, if provided, as Additional Services. 4. The Architect, with the concurrence of the Construction Manager, shall have general oversight and review of the Work. The Architect, with the approval of the Construction Manager, in each case, shall oversee the Contractor with regard to matters set forth in the Drawings and Specifications. In addition to any specific responsibilities assigned elsewhere in the Contract Documents, the Construction Manager shall decide any and all questions which may arise as to the rate of progress of the Work. The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument. 5. The Architect shall visit the site at bi-weekly intervals or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work. (More extensive site representation may be agreed to as an Additional Service). 8 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc • 6. The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. . The Architect shall at all times have access to the Work wherever it is in preparation or progress. 8. Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Construction Manager, with copies of all correspondence issued to the Architect and the Owner. Communications by and with the Architect's consultants shall be through the Architect. 9. Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. The owner's Construction Manager shall also review and certify these applications. 10. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. _ 11. The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to O:\Alex\Library Expansion\Contracts\ArchitectContract.doc 9 of 24 exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 12. The Architect shall review and take appropriate action upon those Shop Drawings, Product Data and Samples required of the Contractor by the Construction Contract, but only for the limited purpose of checking for general conformance with the visual design concept expressed in the Contract Documents. The Architect shall not be responsible for any deviations between (1) the Shop Drawings and (2) the Contract Documents and field conditions. The Architect's action shall be taken within 10 working days of receipt, with an additional 5 working days for sub -consultant review, unless otherwise agreed upon in advance of any specific submittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor,all of which remain the responsibility of the Contractor to the. extent required by the Contract Documents. .The Architect's review shall not constitute review of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's review of a specific item shall not indicate review of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 13. The Architect shall review . Change Orders and Construction Change Directives, to. be prepared by the Construction Manager, with supporting documentation and data if deemed necessary by the Architect, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 14. The Architect shall assist the Construction Manager in the review of the Work to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 15. The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 16. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall • • 10 of 24 O:Wex\Library Expansion\Contracts\ArchitectContract.doc • endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 17. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 18. The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 19. The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as provided above, may be subject to conflict resolution as provided in this Agreement and in the Contract Documents. O:Alex\Library Expansion\Contracts\ArchitectContract.doc 11 of 24 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION. City shall pay Contractor an amount not to exceed the total sum of one million, three hundred and seven thousand, one hundred and fifty dollars ($1,307,150) 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. The total cost shall include all consultants identified in the response to the Request for Proposal. It shall also include reimbursable expenses including a mark-up of 5%, of no more than sixty-five thousand dollars ($65,000). The City shall, at its own expense not to exceed $10,000, contract with a technology consultant to advise the City on issues related to computer systems and technology issues. The Contractor shall agree to work with technology consultant that the City contracts with. 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: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. a summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses incurred by Contractor except as specified above. 5. ADDITIONAL SERVICES. Any additional Consultant services, beyond those identified in the proposed Scope of Work (Exhibit A) must be authorized by the City in writing prior to Consultant proceeding with the work. Charges for additional services will be on an hourly basis, to an agreed upon guaranteed maximum cost. Consultant's hourly rates are subject to annual adjustment based on employee salary adjustments. Sub -consultant charges and reimbursable costs associated with additional services will be marked up at a rate of 5%. 12 of 24 O:\Alex\L.ibrary Expansion\Contracts\ArchitectContract.doc EXHIBIT C FACILITIES AND EQUIPMENT Contractor will perform all of the work in their own offices, so the City will not be required to furnish physical facilities such as desks, filing cabinets, and conference space. 13 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc 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. • 14 of 24 O:\AIex\Library Expansion \Contracts\ArchitectContract doc 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL. a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by. Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no 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. 15 of 24 O:\Alex\Library Expansion\ContractsWrchitectContract.doc 9. COMPLIANCE WITH LAWS. a. 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. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from federal, state or local agencies, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug -free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug -free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five clays thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. • 16 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc 10. DOCUMENTS AND RECORDS. a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. The Contractor's drawings, specifications and other documents shall not be used by the City or others on buildings other than the library. In the event of any unauthorized use, reuse or modification to the drawings, specifications and other documents by any person, firm or legal entity, the City agrees to indemnify, defend and hold the Contractor harmless from and against any and all claims, liabilities, suits, demands losses, costs and expenses, including reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all persons, firms, or any other legal entity, on account of any damage or loss to property or persons, including death, arising out of such unauthorized use, reuse or modification of the Contractor's drawings, specifications and other documents, except where the Contractor is found to be solely liable for such damages or losses by a court or forum of competent jurisdiction. b. Retention of Records_ Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal and Signature of Registered Professional with report/design responsibility. 17 of 24 O:\AlexV.ibrary Expansion\Contracts\ArchitectContract.doc 11. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION. Contractor and City agree that City, its employees, agents and officials shall, 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 performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, to the extent caused by Contractor's negligent performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to -the negligence of City, provided such negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been negligent. c. Acknowledgement. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the fault of City. • 18 of 24 O:\Alex\Library Expansion\ContractskArchitectContract.doc d. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, 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 Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. 14. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES. a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, 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. 19 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION. Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or 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 to 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 representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. • 20 of 24 O:W1exUrbrary Expansion\Contracts\ArchitectContract.doc 22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 21 of 24 O:Alex\Library Expansion\Contracts\ArchitectContract.doc 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: $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage X $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage $2,000,000 per occurrence bodily injury/$ per occurrence property damage X 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. • 22 of 24 O:\Alex\L ibrary Expansion\Contracts\ArchitectContract.doc 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. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: "... endeavor to ..." AND "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: 23 of 24 0:\Alex\L.ibrary Expansion\Contracts\ArchitectContract.doc a. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII. 24 of 24 O:\Alex\Library Expansion\Contracts\ArchitectContract.doc • cc -c cc c c c c d • Saratoga Community Library Proposal for Architectural and Engineering Services BSA Architects EXHIBIT 1 [n Architects 16 June 2000 Ms. Mary Jo Walker Administrative Services Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: New Library Expansion Project Dear Ms. Walker and Members of the Selection Committee, BSA Architects is pleased to submit our qualifications for the proposed renovation and expansion of the Saratoga Community Library. We have assembled an excellent team with a broad base of experience in the design of libraries similar in scope and program to your proposed facility. In addition to our firm, which will provide team leadership and architectural services, key members of our team for your project will include Linda and David Gates for landscape architecture, O'Mahony & Myer for lighting, electrical and telecommunications, and Oppenheim Lewis for construction cost estimating. Highlights of our team experience include: • Over 30-years of award -winning design expertise for projects including community and university libraries. • A record of successful projects for public agency clients, often involving community participation in the design process. • A commitment to creating sustainable and maintainable facilities which are flexible in their planning and responsive to our clients needs and goals. • A history of successful facilitation of consensus building in active communities, where the political and neighborhood participation process is often a challenging one. • A team of sub -consultants with expertise in all aspects of the work required for this project including landscape design, engineering and cost estimating. • A proven track record for bringing projects in on budget and on schedule. We look forward to the opportunity to work with the citizens and staff of Saratoga on this exciting new project, and hope to meet with you to discuss our qualifications and your project in further detail. Sincerely, Mark Schatz, AIA, Pi:incip l Steven Lovell, AIA, Principal • 350 Pacific Avenue San Francisco, California 94111 tel 415.781.1526 fax 415.982.1551 e-mail hsa@bsaarchitects.com • Saratoga Community Library Proposal for Architectural and Engineering Services BSA Architects June 16, 2000 Firm Qualifications BSA Architects is pleased to submit this proposal to provide architectural and engineering services for the proposed renovation and expansion of the Saratoga Library. BSA Architects (formerly Bull Stockwell Allen & Ripley) was established in San Francisco in 1967 and has completed award winning libraries and other public facilities for communities throughout the Bay Area. Known for architecture responsive to human needs, we are respectful of the environment and mindful of budgetary and scheduling constraints. BSA Architects is extremely well -versed in coordinating the efforts of groups of individuals to reach a consensus on goals for programming, design and budget priorities. BSA Architects is committed to designing buildings for people, and we pay close attention to issues of scale, circulation, and space, making the facility welcoming and comfortable for both users and staff. We believe in the public participation process, and will work closely with the library consultant to facilitate public forums to involve the public's opinion in the process. Our work has been recognized with over 70 national and local design awards. We are particularly proud to have been selected by the California Council of the American Institute of Architects for their 1989 Firm Award, given in recognition of our overall body of work. Other recognition includes a Presidential Design Award and a special award from the State for accessible design. Our team will be led by principals Mark Schatz and Steve Lovell. As director of community architecture for the office, Mark has led a number of recent library and other civic projects around the Bay Area, and is an excellent facilitator of the public process. Steve is our firm's lead designer. Both individuals are well versed in the technical issues of your proposed project including ADA compliance, new building code regulations and flexible accommodation of telecommunications and other new technologies. Our office currently has a staff of thirty people, and we have been between 25 and 40 people for the past five years. We provide full planning, architectural and interior design services, and work with consultants for engineering and landscape architecture. Our recent experience in library design includes the new Danville and Belvedere - Tiburon Libraries, which opened in 1997, and the Marin City, Stinson Beach and South Novato Branches of the Marin Public Library system. We are currently working on designs for new libraries for the cities of Roseville, Dublin and Sacramento, and have recently completed conceptual library plans for Cupertino and Concord. We are proud of our reputation as architects who listen to and hear the concerns of our clients. We would work closely with your selected representatives from library staff and the community to ensure that all of your functional, aesthetic, maintenance and budget concerns are addressed effectively and creatively. We encourage you to speak with our references to confirm our past performance, and the level of commitment we bring to each project. This is a very exciting project, and we would welcome the opportunity to be part of your team. Proposed Project Team MARK SCHATZ, AIA, will be principal -in -charge for the Saratoga Library project. In this capacity, he will have overall responsibility for the project, participate in the design effort, assure the terms of the contract are met, review all documents, and participate in all presentations and meetings. He will work with the County Library staff and user groups from inception through completion. Mark was our principal in charge for the Belvedere -Tiburon Library, Dublin Library, South Natomas Library, Community Center and Park in Sacramento, and the Mahany Library and Sports Center in Roseville. Mark received a Bachelor of Arts with Distinction from Stanford in 1976, followed by a Masters in Architecture from the Harvard Graduate School of Design. He joined BSA Architects in 1981 and was promoted to principal in 1995. He is a member of the American Library Association, and chairs the San Francisco AIA Design Awards Committee. He has also recently completed a continuing education course on library planning at Harvard University. STEVE LOVELL, AIA, will be our lead designer and project manager during the conceptual and schematic design phases. As such, he will head up our design effort, manage our project team and participate in all workshops and meetings. Steve, who is also a principal in our firm, has led our design efforts for projects including the Belvedere / Tiburon Library, Dublin Library, Cupertino Library, and Danville Library and Community Center. Steve has a BFA degree from the Massachusetts College of Art and a Masters in Architecture from MIT. He has been with BSA Architects for twelve years, and was recently made a principal in the firm. Steve is our lead designer, and has experience in all facets of library design. PAUL BEAMER, AIA, will assume the role of project manager once the project moves into design development, and will continue in this role though construction. Paul is currently managing .the Dublin Library project, and will join the Saratoga team upon completion of the working drawings for that project, which works well with your proposed schedule. Paul has spent most of the past year working out of our Utah office, administrating the construction of the new $45 million Marriott Mountainside Resort and serving as project manager for the adjacent Park City Legacy Lodge. • IItll ill iI I��!'<,iii I r� - Ra. _ }}��ee ! vo E• ° is tp/\41) 5104 i . We are currently indesign development for a new 38,000 square foot library to be located adjacent to the existing Dublin City Hall, on a very challenging site which is bordered by two freeways. Our scope of work began with the development of a building program with library consultant Kathy Page. As the first draft of the report was completed, we facilitated a visioning workshop with City Council, staff and public participation. This has led to our current design, which is laid out so that the entire shell of the building can be completed now, but the interior build out can be constructed in two distinct phases. The design is intended to complement but not mimic the existing City Hall structure. We will be using similar materials including stone and metal roofing, but with new forms, intended to create a separate identity for the library. The plan is very open, for ease of operations, with the adult and children's wings separated by a large area housing computer terminals, reading alcoves and periodicals collections. dublin civic center library dublin califomia belvedere-tiburon library tiburon califomia :r ` ` ,r ; ;=• This new 10,500 square foot library houses adult, young adult and refer- ence collections in a main gallery space, surrounded by light filled alcoves for reading and study which open 'out ontivieivi of the surrounding hills., One of the highlights, ofthe library lithe children's room where the walls are covered with murals of .ch ldren's literary characters, and there are cozy window seats and a story telling alcove Near the entry lobby, there is a large public meeting room, equipped for state of the art teleconferenc- 1111 ing and video presentations with its own kitchen and storage areas. The facility accommodates up to 50 multi -media personal computer worksta- tions, and has a flexible electrical system to accommodate future means of telecommunications. We have been working with repre- sentatives of the City of Cupertino and the Santa Clara County library administration in the development of altemative scenarios for the de- velopment of a new library in their existing Civic Center. We studied two alternative program configu- rations, one at 70,000 sf and one at 55,000 sf, having worked with library staff to develop a reduced option from their original program document. In both cases, we deveoopeda series of design alternatives, and presented them to the project committee for review and comment. Both final schemes involve the creation of a new civic center master plan, reorganizing parking and creating a civic plaza shared by the city hall, library and renovated existing library. =MI WON/ MINI OM cupertino library cupertino califomia new 18,000 square foot Danville Library ,and 7,000 square foot Com- munityCenter were designed as a civic complex surrounding a one acre town green.. Set back from the street, the buildings establish a formal yet welcom- ing civic center which this small subur- • bantownhad previously lacked for town wide: events:: The. library itself houses adult and children's services in large -open rooms filled with daylight from win- dows overlooking the town green. In addition to comfortable reading rooms, the library. provides 50 on-line work sta- 1110 tions for children and adults. danville library danville califomia We are currently working with the City of Sacramento and the citizens of the South Natomas community on this exciting new project, which, when com- pleted, will include a 14,000 square foot branch library with distinct adult and children's areas and a large program room, a 31,000 square foot community center featuring a large multi -use room and facilities for fitness, arts, meet- ings and children's programs, and a 25 acre park incorporating a duck pond, amphitheater, ball fields, specialty gardens and large open play and picnic areas. The plans were developed as a direct response to input from com- munity members at a series of evening design workshops, held at the local elementary school. • = tIL south natornas library sacramento califomia • • We have served as library design consultants in the preparation of a study to assess the viability of a joint use library facility to serve the City of Concord and a private graduate university which is relocating their campus into the center of the city. Our work included participation in over a year's worth of task force study sessions and the preparation of a con- ceptual library design scheme to illustrate the po- tential to resolve the key concerns of all of the involved parties. The design is for a four story building, with the public library occupying the two lower levels, and the University library above. We have recently completed work on a new 13500:square foot branch library which will be -pat of a 40,000 square foot community facilityy in a park outside Sacramento. Library facilities indude adult and children's collections as well as study, reading, and 'Computer work` areas. This library will be e second phase of a larger complex which also::includes a' large gym and fitness cen- ter, childcare room and public meeting / ac- tivity:rooms. The first phase will open in August 2000. mahany library roseville califomia concord / jfk university library concord california This 10,000 square foot library was carefully sited atop a knoll in central Fairfax, so as to fit between a cluster of existing live oak trees. The building wraps around its covered entry to create a welcoming courtyard. One of the goals in this project was to create a variety of sitting and reading spaces for adults and children, including bay win- dows with benches in the adult stack areas, and a skylit, glazed win- dow seat in the children's room which opens out to the wooded site beyond. After almost thirty years of use, this library remains as popular as ever, and feels as if it was always on the site. fairfax regional library fairfax california Proposed Sub -Consultant Team BSA ARCHITEcrs will provide overall leadership for our proposed team, and will perform all architectural design and production services in-house. We will facilitate all meetings, and will coordinate all reports and other documentation. Our team will be augmented by a strong group of consultants who are eager to work with the City of Saratoga on your library renovation and expansion project. DAVID GATES & ASSOCIATES will be our landscape architects. We have recently worked with David and Linda Gates on the Danville Library project, and were impressed with their ability to work within existing landscape conditions to create an overall design which becomes one with its surroundings, which we felt was a particularly important aspect of your project. They are also committed to working with your maintenance department to help ensure that the landscape for the project will remain vital. DASSE DESIGN is a San Francisco -based structural engineering group with substantial experience in seismic design and community structures of all types of construction. The firm has been in practice for more than 15 years. Our collaborations include the Danville Library, Menlo Park Civic Center Master Plan, Cupertino Library and Senior Center. The firm's other public projects include libraries at San Jose City College and College of the Redwoods. O'MAHONY & MYER will be our electrical and lighting engineers. They have specific experience in all aspects of contemporary library design including telecommunications, system networking, fiber optic and wireless communications, library lighting and surge protection. They have worked with us on the Dublin, Marin City and South Natomas Libraries as well the Mission College High Tech Campus Center. They are particularly well versed in library issues, having also worked on public libraries in Mountain View, Clayton, Burlingame and Mill Valley. CATERINA SPIES REESE works regularly as a consulting interior designer with BSA architects. Caterina has a strong background in the selection of materials, finishes and furnishings. She has worked with our office on the interiors for the Dublin Library and Cupertino Senior Center, as well as a number of our hospitality projects including the new Legacy Lodge at Park City Ski Resort. Working through BSA, Katerina can provide purchasing services as well as selection and specifications. Other proposed consultants on our team include: Mechanical Engrs. Mechanical Design Studio Civil Engineers: Ruggieri Jensen Azar & Associates Surveyors: Ruggieri Jensen Azar & Associates Geotechnical: Herzog Associates Cost Analysis: Oppenheim & Lewis Acoustics: Charles Salter & Associates Graphics: Donnelly Design Energy Analysis: BEC Consulting Renderings: Michael Reardon • • • • David Gates & Associates David Gates & Associates is a 25-person Urban Design and Landscape Architecture firm established in 1977. Our projects demonstrate a unique blend of strong design development skills with an awareness of the psychological and social implications of the built form. We combine technical expertise in our projects with climatic, functional, and aesthetic considerations. As a result, the outdoor spaces we design are usable, educational and inspirational. Working with Public Agencies One of the mainstays of our firm is public -sector work: libraries, parks, streetscape beautification, civic centers, community centers and urban design guidelines. Our experience ranges from the conceptual level to construction administration. We are very familiar with the intricacies of City review and approval processing, as well as the public bidding process. Community Facilitation Our firm has extensive experience with citizens' groups having differences in opinion on important issues. David's eight years teaching Landscape Architecture at the University of California, Berkeley, developed his skills as a listener and an educator, two essential qualities for a facilitator in public participation. Experience with Public Facilities A library is more than just a place for reading and research. It is an integral part of the community. The outdoor space surrounding the proposed library should be the focus for the community of Saratoga. We have had the opportunity to contribute to the significance and beauty of landmark facilities in many communities. These projects include: Danville Library • San Leandro Library • Livermore Civic Center and Library • Library at Las Positas Learning Resource Center, Livermore • Foster City Civic Center Master Plan • Dublin City Hall Civic Center • Prewett Family Park with Community Center and Library, Antioch • San Ramon Central Park and Community Center • Emerald Glen Master Plan and Senior Center, Dublin David Gates has more than thirty years of experience in planning and design. His unique ability todevelop creative solutions that recognize a variety of viewpoints enables him to work with citizen's groups and city agencies in a positive, efficient and sympathetic manner. Master of Arts in Urban Design; Harvard University, 1970 Masters in Landscape Architecture, Harvard University, 1968 Bachelor ofArts, Landscape Architecture, University of California, Berkeley, 1966 Linda Gates has extensive experience as Project Manager for urban design and master planning projects in both the private and public sector. Her expertise includes public facility design, park and recreation planning, and community planning. Bachelor of Arts in Landscape Architecture, University of California, Berkeley.197S • • David Gates & Associates 2440 Tassajara Lane, Danville, California 94526 Tel: (925) 736-8176 Email: general@dgates.com • Relevant Projects Danville Library The Library and the adjacent Community Center are focused around the Central Green that overlooks a creek. This sculpted open area functions as a multi -purpose, central civic space that accommodates art shows, performances, and sports events. The renovation master plan sought to create a plaza that would become a memdi able and identifiable part of the urban fabric, as well as a visual landmark for the surrounding commercial area. Final selection of the preferred alternative was accomplished through a community workshop process. Livermore Library The site design for the library offers small outdoor spaces in the context of a larger landscape. An outside story area, a shaded seating space and a plaza offer opportunities to enjoy the outdoor climate of the region. The landscape reflects the region's agricultural history in its planting of fruit trees in a orchard grid. • • imat David L. Gates & Associates 2440 Tassajara Lane, Danville, California 94526 Tel (925) 736-8176 Fax (925) 736-8184 Ruggeri - jensen - JAzar & Associates ENGINEERS • PLANNERS • SURVEYORS Ruggeri -Jensen -Azar & Associates (RJA) was -founded in 1995 to provide consulting services in civil engineering, planning, and surveying to private sector and public works clients. From four offices locations in the cities of Milpitas, Pleasanton, Walnut Creek and Marina, RJA provides a full range of services for development of residential, commercial, industrial, and associated public infrastructure projects. RJA has a staff of 85 engineers, planners, technicians, surveyors, and administrative personnel who are available to provide consultant services for commercial, residential, industrial, and public works projects. Most of these people have worked together in the same firm, some of them having worked together for up to 20 years. This staff is committed to providing efficient service to clients, and producing quality work. Michael K. Cooper, P.E. will be Principal -in -Charge for the project. Mr. Cooper has 23 years of progressive experience as a civil engineer. He has extensive experience in land development engineering and specialized expertise in approval processing, drainage, roadway design, and utility design and coordination. John Litzinger, P.E. will be Project Manager for the project. Mr. Litzinger has 13 years experience as a Civil Engineer in design and construction of public works and land development projects. He has expertise in geometric design, pavement rehabilitation, parking lots, soundwalls, retaining walls, hydraulic studies, utilities design, cost estimating and preparation of specifications. Related Projects: Mission College, Santa Clara, California. RJA provided civil engineering services for several relocated buildings, one new student center, one additional parking lot, a library, and a science and technology building. The work included aerial topographic surveys, supplemental surveys, and design of grading, storm drainage, and sanitary sewer and water lines. In addition, there was coordination with electrical, mechanical, and landscape architectural subconsultants, as well as utility companies and the City of Santa Clara. Dublin Community Library, Dublin, California. RJA is providing civil engineering services ofr the construction of a new library and associated parking lot. The work includes design of grading, storm drainage, sanitary sewer and water lines. In addition, there is coordination with electrical, mechanical, and landscape architectural subconsultants, as well as utility companies and the City of Dublin. Additional Projects can be provided upon request. 100 N. Milpitas Blvd., Suite 160 • Milpitas, CA 95035 • Phone (408) 934-1388 • FAx (408) 934-1288 0 Our Approach We approach all of our projects, large and small, in a proactive manner and view ourselves as an integral part of the design and construction of buildings. Service is the cornerstone of our approach. Thus in cost estimating, we work closely with architects and owners throughout each phase to ensure that budgets and schedules inform design and documentation choices in a seamless manner. This is a marked departure from traditional cost estimating where estimates are completed at the end of each phase with little or no interface occurring between estimator and architect Our approach ensures less redesign for architects and fewer schedule and budget overruns for owners. Oppenheim Lewis provides a full range of traditional cost estimating services including conceptual and final detailed estimates. We pride ourselves on the accuracy of our estimates. This accuracy is based on two important factors. All of our staff estimators have worked both in design and construction; this "real world" perspective ensures realistic and pragmatic estimating. In addition, we work to break our estimates down into as detailed a product as possible; similar to contractors, we work with subcontractors rather than databases to determine unit costs. Our past estimates are used and evaluated purely on the component level —we do not use past estimates as the basis for our current work. Project Team SCOTT LEWIS Scott Lewis is the President of the construction consulting firm Oppenheim Lewis, Inc. His current projects include the Cleveland Botanical Garden, the Exploratorium in San Francisco, and the South Gateway to the Turtle Bay Park and Museums in Redding, CA. One of his primary roles is to work with clients to develop preliminary budgeting and scope definition for the projects with which the firm is involved. Mr. Lewis has been involved in the development of budget and scope for sustainable design and environmentally responsible construction projects such as the San Francisco Main Library and the Audubon Park Earthlab in New Orleans. Oppenheim I Lewis Historical society of San Luis Obisbpo Related Work Libraries San Francisco Main Library Mountain View Public Library Menlo Park Public Library Belmont Library Millbrae Library San Jose Joint -Use Library Library at Menlo College Historic Old School House Library, Woodside, CA San Francisco Fire Boat Headquarters Historical Society of San Luis Obisbpo Hearst Memorial Mining Building, University of California, Berkeley • • DAN BARTLETT Dan Bartlett brings with him twenty years experience in the construction cost planning field, enabling him to work as an effective design team member while providing decisive cost information in a timely manner. His valuable experience as both a team participant and director, as well as his knowledge of all aspects of the design phase ensure that each project will bele accurately and efficiently managed. His experience includes medical, educational, laboratory, governmental, military, judicial, seismic and historic preservation projects. • • • Charles M Salter Associates Inc FIRM PROFILE Charles M. Salter Associates, Inc. (CSA), consultants in acoustics and audio/visual system design, was founded in 1975. With a staff of 35, we are involved in more than 700 projects per year in seven major service areas: architectural acoustics, engineering acoustics, environmental acoustics, audio/visual system design, sound system design, acoustic simulation, and public presentation/expert witness testimony. KEY PERSONNEL - CHARLES M. SALTER, P.E. Charles Salter, P.E. will be the project acoustical engineer. During the last 30 years, Mr. Salter has conducted a wide range of consulting work in the areas of architectural acoustics, noise control engineering, and environmental noise impact. His previous experience allows him to understand what is required of a facility that must function as a center for education. Mr. Salter's accomplishments have included room acoustics and aircraft noise isolation design for the new University of Massachusetts Boston Campus, architectural acoustics design for the Stanford University Margaret Jacks Hall renovation, UC San Francisco Medical Library and UC Santa Cruz Colleges 8, 10, and the new Adaptive Optics facility. He has conducted noise studies for Mills College, UC Irvine, University of Alaska, UC Berkeley, UC Davis, and UC Santa Barbara. In addition, he is an Adjunct Professor at the University of California, Berkeley, lecturing to students about acoustics. Mr. Salter received a BS in Structural Engineering from Tufts University, a BS in Art and Design from M.I.T., and a MBA in Finance from Boston College. He has professional registration in California and Nevada. RELATED PROJECT EXPERIENCE CSA has provided consulting services on more than 500 educational facilities projects and over 80 library projects, including the Mission College Learning Resource Center in Saratoga, California. Mission College Learning Resource Center, Saratoga, CA MBT Architecture, Inc., San Francisco, CA Architectural acoustics and HVAC noise reduction for a college library and a television distant learning studio facility. Dublin Civic Center Library Project, Dublin, CA BSA Architects, San Francisco, CA Library project scope of work includes: environmental noise study, room acoustics, sound_ isolation, and mechanical equipment noise and vibration control. Civic Center Library, Rohnert Park, CA Nau and Tam architects, Berkeley, CA Architectural, noise and audio/visual services for the new Rohnert Park Civic Center Library. 130 Sutter Street San Francisco California 94104 Tel 415 397 0442 Fax: 415 397 0454 Project Workplan 1. Statement of project understanding It is our understanding that The City of Saratoga is interested in: • Creating a wonderful new library for the community, incorporating 18,000 square feet of space in a renovation of the existing building, with an addition of between 28,000 and 31,000 square feet of new area. • The new addition should retain and enhance the agricultural character of the existing library. • The new design should incorporate natural light, improved supplemental lighting and acoustics, while maintaining the warm, welcoming character of the existing space. • The site planning should provide the required additional parking and a new more focused entry, while maintaining as much as possible of the surrounding orchard. • The new library should be a "smart" building, which will address current and anticipated technologies for the distribution of information. These include books, tapes, periodicals and CD roms, as well as networked connections to the Internet and other coming services. 2. Approach to Design We are advocates of the collaborative design process, both within our architectural team and with of our clients and consultants. Your library staff and other assigned committee members will be an essential part of our team and will be closely involved throughout the entire conceptual planning and design process. We also encourage community participation, and are well versed in the facilitation of public workshops and presentations. BSA Architects approach each project as a unique challenge and opportunity, and your library will be an exciting project for us all. We strongly believe that our designs must satisfy all of your specific needs, while allowing the flexibility for future change and growth. The designs should be compatible with the existing structures, while expanding the identity of the library system within the community. We believe in exploring alternatives rather than imposing a pre -determined solution on our clients. During the initial phase of the process, we would typically present a series of design options for the organization of the components of the existing and potentially expanded buildings to your committee, and review the pros and cons of each alternative as a means of arriving at the most viable solution. We will take your budget and schedule seriously. As soon as the overall budget and schedule are firmly established, we will set up a project worksheet, which takes into account all of the aspects of the project including estimated building and site construction costs, fees and permits, construction management and testing, furnishings, equipment and cabling and change order contingencies. Working with you, we will review these estimates, and work to help determine the actual extent of new construction and renovation that can be accomplished with the available funding and timeline. • • • Our team will keep current on the latest technologies. We recognize that the definition of a public library and its role in the community is evolving rapidly at the present time, and will likely continue to do so as new technologies for the distribution of information are introduced. We will work with your staff to see that the design is flexible so that it can accommodate changes that will arise, both in terms of the layout of the spaces and collection, and in the distribution of data. 3. List of specific tasks Phase I: Program Review and Conceptual Design We will review your program with library staff, and make any necessary adjustments prior to starting our design work. We will also meet with the City planning department to assess their constraints on the site. As this phase begins, our consultants will prepare a base survey of the site, indicating topography, existing structures and vegetation, and all utilities. Simultaneously, our geotechnical engineer will do their test borings and prepare their report, which will include recommendations for foundation systems. Our team will prepare conceptual design alternatives for review and discussion with your library expansion committee and library staff, and work from those to prepare a preferred scheme for public presentation. These will be presented to the various groups outlined in the RFP. Once this scheme is reviewed and revised, we will work with your environmental consultant to see that the necessary applications are made for planning and design review. We propose to provide a couple of water color renderings at this stage, for use in these public presentations and in any fundraising or other promotional efforts for the project. During this phase, we will also bring in our construction cost estimators, to help ensure that the preferred alternatives will work within the given budget for the project. Because the bottom line budget is fixed by your bond amount, we will establish a working project budget document that will be regularly updated as the project progresses. This chart will track all of the project costs, including construction, fees, permits, furnishings and contingencies. Phase II: Schematic Design Once a preferred scheme is approved by the library expansion committee and the City Council, we will proceed with the schematic design phase of the project. During this phase, our main objectives will be to resolve the functional aspects of the design, to develop an architectural vocabulary for the exterior and interior of the building and determine the most appropriate systems for constructing the building. We will meet on a regular basis with your committee, and with the library staff, to help ensure that the concerns outlined in the building program are effectively addressed. Our landscape architect and civil engineer will prepare the schematic site drawings including a layout plan illustrating the relationships of the building, parking, paving and open areas, a landscaping plan and a grading, drainage and utility plan. We will also meet with your city's park and recreation staff to discuss the most appropriate plant materials, and prepare a preliminary planting palate. Our other consulting engineers will prepare diagrammatic plans and scope of work descriptions for structural, mechanical and electrical systems. In addition, we will assemble literature on possible lighting fixtures and data distribution systems. We will prepare the schematic architectural plans as well as a schematic outline specification, which describes the systems and materials for estimating purposes. We will do a code search on the building, and will meet with representatives of your planning department, building department and fire department to ascertain their requirements relative to exiting, construction type, etc. Finally, based on the materials described herein, our cost estimators will create a schematic construction and overall project cost estimate. Optional services during this phase include building a detailed model or creating a computer generated 3D animated "virtual tour" of the new library. These animations have proven very helpful in other communities, both for communicating the design to the City Council, Design Review Board and other reviewing boards, and in public fundraising efforts. Phase III: Design Development This phase begins with a review of the schematic design and estimate, and a meeting to decide upon any necessary adjustments to scope or design necessary to conform either with the budget or to better address the programmatic requirements. Once any adjustments are made, we will proceed with the further development of the design, specifically, the integration of the various building systems including structural, mechanical, plumbing, electrical, telecommunications, site and landscape. We will work with staff to prepare designs for the circulation and information desks which will meet their requirements. We will also work with our interiors staff By the end of this phase, we will have a more thorough set of drawings and outline specifications, from which a more detailed estimate will be prepared. Phase IV: Construction Documents We will again meet to decide upon any final changes which are to be made to the scope or design of the project, and based upon the approved design development documents with any changes, we will proceed to produce construction documents. • • • • • The final products of this phase will be the documents necessary for permitting and bidding the project. These include signed drawings, final specifications, structural and energy calculations. In addition, our interiors team will produce a furnishings specification, plan and budget, from which these items can be purchased and installed. Finally, we will prepare a final construction cost estimate to serve as a basis for reviewing bids for the job. This will be done at approximately 70% completion, so that any final adjustments to the plans can be made. Phase V: Bid and Plan Check During this period, we will revise the drawings based on any comments from the City building department and County fire department plan checks. We will also assist your construction manager in the preparation of bid documents. During the bid period, we will respond to questions and issue addenda for distribution by the construction manager. Finally, we will assist in the review of the bids and selection of a preferred contractor. As an aside, we strongly recommend a pre - qualification process to limit the number of contractors actually bidding the job to a group, all of whom are qualified to build the library. Phase VI: Construction Administration We will provide full construction administration services including participation in bi- weekly meetings at the job -site, review of submittals and applications for payment, responses to RFI's and issuance of supplemental instructions. While we strive to minimize change orders, we realize that they are a reality, and we will perform a thorough review of all contractor proposals. At the end of construction, we will work with the construction manager to prepare a thorough punch list of items to be picked up prior to occupancy, and will review the operations manuals and as -built drawings prepared by the contractor. Per your request, we have also included geotechnical inspection services in our scope of work, although this is usually done under separate contract to the City. Preliminary Fee Proposal Chart of Proposed Fee Schedule The attached chart summarizes our preliminary schedule of proposed charges for your project. These numbers are based on the anticipated number of hours required to successfully complete the work based on past experience on related projects. The fees for each sub -consultant are broken out separately. We recognize that both our fees and those of some of our consultants may be inconsistent with your intended scope of work, and can adjust those as necessary once the scope is more clearly defined. These are preliminary estimates only at this time and are all subject to modification. Reimbursables Reimbursable expenses for this project would be charged in addition to the labor costs, and would include the following items. Direct costs will be marked up by a factor of 10% to cover our related overhead costs. Travel costs including mileage at the prevailing IRS rate per mile and bridge tolls Costs of document reproduction including plots and prints of drawings, reports and color images FAX charges at $1.00 per page Overnight or express delivery charges Miscellaneous costs such as model building materials if needed It is very difficult to guess at a guaranteed maximum cost for these reimbursables at this time. Typically the largest expense is for document reproduction at the completion of each phase, and in particular at bid and building department plan check time. Schedule A proposed schedule is attached, outlining our best estimates for the time involved in each of the prescribed tasks. Certain aspects of the project, particularly planning review and building/fire department plan check are impossible for us to accurately determine at this time. This schedule will need to be revised with input from those city departments once we better determine the exact scope of the project. This schedule is open for discussion and modification once we have a chance to meet with you to better understand your specific schedule needs, and the details and implications of the required city review processes. We recognize that our proposed start of construction is later than you have suggested in your RFP. However, we feel that the time we have allotted for a participatory design process, thorough document preparation, planning and building department approvals for a project of this scope are realistic based on our experience. In addition, we feel that the goal of a late spring construction start is a good one, in terms of avoiding the consequences of rain delays early in the project, when the contractors are working to prepare the site and work on the foundations. • • • • TOTAL 00 0 o O n ,Ni 0 0 Ln 1\ 4A $ 80:000 00000 Ln L � L(1 Ln • 64 o Lil d' M 4A- 0 W M 'Cf 4Pr 0 OD N M 0 O 00 .•4 4A I $ 43,000 I $ 1,132,950 Phase 6 I Construction [Administration 1 r $ 200,000 I 0 0000000 .1-o1-1Lr .�-i 4Pr 0 tD 4Pr 0 1. Vi 0 V• *A- 0 co V• *A- 0 V•O V- 4Pr 0 N 6`► 0 0 N M Tt- 4A Phase 5: Bid and Plan Check [ $ 20,000 0 0 .D 4Pr $ 1,000 $ 1,950I 0 L!1 o 4ii 0 0 0 4i} 0 0 .y IA - $ 29,700 Phase 4: Construction Documents $ 250,000 CD 0 V- N m -0- $ 42,000 O 0 N CO- N 4Pr 0 0 V„ 1� 64 0 0 CO O N *A- $ 14,300 $ 14,000 $ 18,000 $ 427,100 Phase 3: Design Development [ $ 140,000 $ 14,400 $ 16,000 O 00000 M .-ilnn%DN .-4 VI- 0 .N *Pr 0 In 4Pr CI o00 4A- 0 *A- $ 14,000 I $ 227,400 Phase 2: Schematic Design O O O CO 4fl' O N N. 41- $ 12,000 O M M V* V01 V- N 4R $ 5,000 0 N uo 64 0 0 Q , 41:1- In •-4 Lii N •-4 4A- Phase 1: Concept Design 0 6. to tit $ 3,600 4 $ 3,000 $ 3,600 010 M 4R V 4R $ 2,000I 0 0 co 4A u in to mi 'Consultants BSA Architects Dasse Design Mech Design Studio O'Mahony & Myer oZS > 0 .c ol Gates & Associates 'Gates Jensen Azar 1 0. 'u. L .c U_ p[ IOppenheim Lewis o+ c a, C .c C O1 C CT N C vw fp Q v o Ey -I cXITa .(t2-sw W V vjOC > KU oQ co Vf Q(niw=�Uv)(3 v) N - rn o 0 0 r VI). I $ 14,400 I o CO l!1 N • 404 to u01 Cr L!1 In 4Pr o In CO • -I 44 I $ 22,000 I co 0 u1 .••Z 4A. I $ 85,000 I 0J %D 0i N N 4A $ 1,362,600 00 Lf1 ,ti •LA'4A-64IA- 0 1.. 0 N O r 0 Lr1 .-4 4A- CD N cr 64 $ 285,300 0 Lf1 01L10 ,-I 4Pr 0 0 •-1 4A- 0 0 N 4!4- [ $ 5,000 I 1 $ 10,450 I 0 1.11 - O 4 - 0 0000O N y}4A 0 N o0 N 0 O cn 4Pr 0 O 0D.-: 49-44 0 V0 1 $ 40,000 I $ 84,700 0 Co CO .-1 .r In lag- 0 M •-+ •-I 4..9- $ 4,000 $ 6,000 0 0 O N 4!} $ 41,300 0 N. 00 tD N 429- 0 O M M 4Pr $ 3,000 00 O M 4 . 00 O LA tlf 0 M 4A- IOn V• cn M .--4 4A' 00000 O 1-Z 429- VO' V- . 4 di' CO 00 4R W..O M 4A-4 M - $ 36,800 0 N N.' .-4 4A f0 73 C 3 C V Michael Reardon I Ruggieri Jensen Azar Herzog Associates O'Mahony & Myer y 0 a TZ U [Tom Donnelly rn C O U m [BSA / CSR Design tn rn c 0 13 c .0c go 0 �pin cg Q I-- ? n 0 J N1.7 W QC7 W C co (=n 1- N N a d C 7 1) 4 6 C ELn -0T •C u io O a 10 C1 `5 go 0 v 0 iv o in v c E c 0' vai ac °) v a a a t -o a o a E C O Y a a gaci a a o -a n E a C C O - o c y C 7 CTao .cO L .-y NN0 O.CL> � oU .0 10 U a > of 6 u1 v c c c rn U 0 y C — :� v m vI �� C( o,ccu '(v avi lfvai o.�� a " Xv v� acv'Eti'c E a CD +�a�a a c ca E c 3t'_7n 2 xu ..... oc c �' U f0 �, 7 f0 a c o5 ._oEm�'-' E aZi 0 o 0 $ § c2. cc �, �a) Ev�+�=E o a > a U H Q m Z 8.. Z. .-i N M .r L/1 'D E a v c v f0 0 a to 01 (0 o f0 a 111 U X 0 fly C 1 i 1 i I i 1 Inc unc 1 ! ReiAj I! x ..idv ' ! ' , J2N , . . , . , x x x ciaj, co-uec . ; . . . . x x . x D ,aa . . , . . , x x ; x AoN, , , . . . . • , , . . . 5 : ! i po, . . . , . . : : . . . , . . x . , x x , bntel • , I : , 5 • : x unf , . . Aevi ' I • x 1 Joy,1 01 I naining phases. Jew I $ 1 dad $ zo-uer 1 I I 'Ill iewing a Daa I noN 3pective revi r— po 51 MI das1 5 1 cn 6,nv 1, Il I MOM ,. • . ' QJ 1:3 Iry ri x X .L.) unr 5 .= R = Aewl 5 In a) E 'Saratoga Library and Engineering Services ing straight through from sc XIV 5 i , I* Review periods are estimates only - we will need to confirm the actual timefrai Jew 5 dad , To-uecIIlII1I D@CI EU 11 AoN $1 po -. a, daS x 1 ! 2 0. 00-6ny Proposed Schedule for Architectural BSA Architects - June 2000 Note: This schedule is based on the project Phase / Task 'Phase 1 - Conceptual Design 'Prepare Alternatives Public Presentation or Workshop Refine & Present Final Alternative Phase 2 - Schematic Design Design Work and Meetings SD Cost Estimate Public Presentation Planning Review 'Allow 2 months * Phase 5 - Design Development Design & Documentation DD Cost Estimate 'Council Presentation Phase 6 - Construction Documents Document Preparation 50% CD Estimate 90% CD Estimate Jj Plan Check - Allow 2 months * Revisions and Re -check Period Advertise for Bids 'Phase 7 - Bidding & Construction Issue Documents for Bids Receive Bids Contractor Negotiations 11 Construction - Allow 14 Months • References We encourage you to contact the following references: Belvedere/Tiburon Library Jim Levorsen — Chair, Building Committee (415) 435-1511 Cupertino Library and Senior Center Bert Viskovich — Director of Public Works (408) 777-3354 Julie Farnsworth - Assistant Santa Clara County Librarian (408) 293-2326 Concord/JFK University Joint Use Library Peter Dragovich - Assistant City Manager (925) 671-3000 Anne Cain — Acting Contra Costa County Librarian Dublin Library Sandy Pantages - Associate Alameda County Librarian (510) 745-1500 Herma Lichtenstein — Project Manager, City of Dublin (925) 833-6672 South Natomas Library, Community Center & Park Jeff Blanton - Project Manager, City of Sacramento (916) 264-8423 Mary Wray — Support Services Manager, Sacramento Public Library System (916) 264-2770 Menlo Park Community Facilities Master Plan David Wheaton — Assistant City Manager (650) 858-3362 Conclusion We would be honored to be part of your team for this exciting project, and look forward to the opportunity to meet with you to discuss our qualifications and your project in more detail. BSA Architects 350 Pacific Ave. San Francisco, CA 94111 (415) 781-1526 mschatz@bsaarch itects.com • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: August 2, 2000 CITY MANAGER: ORIGINATING DEPT: Office of City Manager DEPT. HEAD: SUBJECT: AUTHORIZING INCENTIVE CONTRIBUTION FOR MEN'S CLOTHING STORE TO LOCATE IN SARATOGA VILLAGE RECOMMENDED ACTION(S): Authorize the City Manager to enter into an agreement to contribute $20,000 to Patrick James, in exchange for evidence of a ten-year lease for 14527 Big Basin Way. REPORT SUMMARY: Background - The City Council directed staff to provide economic development recommendations for the Saratoga Village and Gateway retail shopping districts. At the July 5, 2000, Council meeting, the Council directed staff to proceed with recommendations for the Village, including incentives for high quality, destination -oriented retail stores. Discussion - City staff has worked with Mr. Warren Lampshire, a real estate agent representing Patrick James, for a high quality men's clothing retailer. Patrick James has several stores in the Bay Area, and regularly advertises in regional daily newspapers, such as the San Francisco Chronicle and the Mercury News. Patrick James has recently lost their lease in the Pruneyard Shopping Center in Campbell, and is looking for another location in Santa Clara County. Their closest store is located in Palo Alto. Patrick James has provided a letter of intent to lease 14527 Big Basin Way for an initial term of ten years. However, they have several conditions in their commitment pertaining to improvement of the building. These improvements include $35,000 for federally required disabled access, $40,000 for general building improvements, and $85,000 for tenant improvements and fixtures specific to Patrick James requirements. Mr. Patrick MonPere, owner of Patrick James, has estimated annual sales for this facility at $650,000. However, a new store may require some time to produce this level of sales, and may produce only $500,000 to $575,000 in the first few years. The City's share of sales tax is 1%, thus yielding $5,000 to $5,750 per year in sales tax revenue in the first few years and up to $6,500 per year in later years. In addition to direct benefits from sales and business license tax revenues from Patrick James, there are indirect benefits from increased pedestrian traffic to restaurants and retailers in the area. Furthermore, a high -quality tenant will strengthen the possibility of obtaining other high Liry retailers in the future. The property owner and the tenant are $20,000 apart in their negotiations, and this opportunity will not occur without help from the City. At the rate of $5,000 annually from new sales tax, the $20,000 needed to make this opportunity occur, should be repaid to the City within four years. If the lease is cancelled by Patrick James before the end of the term, Patrick James would pay back to the City any amount not recouped through sales and business taxes. FISCAL IMPACTS: The FY2000-2001 budget includes funding for economic development activities. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Patrick James Clothiers will not lease a store in Saratoga Village. ALTERNATIVE ACTION(S): FOLLOW UP ACTION(S): City Manager will negotiate and execute an agreement with Patrick James. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Letter from Warren Lampshire, dated July 26, 2000. • • • • WARREN LAMPSHIRE COMMERCIAL REAL ESTATE July 26, 2000 Mr. Bill Norton Interim City Manager City of Saratoga 13000 Fruitvale Avenue Saratoga, CA 95070 Dear Bill: I have noticed with interest your recent activity as well as the positive approach by the Saratoga city council in their efforts to improve the business districts of Saratoga. I will appreciate your presenting the following letter to the council. Our firm represents a premium men's clothier in their search for a site in Saratoga. This retailer has several stores in the greater Bay Area, with an excellent reputation and consistent large sales volume. They present the ability for long-term staying power once they chose a location. During the past sixty days we have been negotiating with the property owner on a site in the Village at 14527 Big Basin Way. The site is the former Bit 0 Country location that has been vacant for six months. The store is approximately 1,600 square feet. The building is over fifty years old and in order to prepare the site for retail use, the owner of the property is faced with the requirement to bring the building up to code as well as ADA requirements. In an attempt to determine the property owner's costs I have arranged for a feasibility study with a local Saratoga architect. The study has been completed and forwarded to the owner. Our client has presented an offer to the owner to lease the premises for a ten- year term. One of the major deal points in the offer is a client request of $ 25.00 per square foot tenant improvement allowance. ($ 40,000.) A tenant improvement allowance is common in retail leasing where a property requires upgrades in order for a retail operator to be successful. It should be noted that our client is prepared to invest their funds of approximately $ 85,000.00 to improve the building over and above the code compliance; ADA requirements; and the proposed interior improvement allowance of $25.00 per square foot. We have negotiated and finalized many retail and office leases throughout Saratoga including the Village. Our experience has been that it is very difficult to attract qualified tenants to Saratoga and the Village for many reasons. Now we have a strong opportunity to bring a retailer whom we believe would benefit our residential shopping population and who would compliment other retailers in the Village, and potentially create more business for everyone. We really need help from the city and the city council to bring a fine retailer to Saratoga. In order to move the lease negotiations on to a further positive level we are requesting the city to grant -a-,pledge of funding In the amount of $ 12.50 per . 12280 S. SARATOGA-SUNNYVALE ROAD, SUITE 212 • SARATOGA, CA 95070-6008 • 408-3" "^^ - Ano AA!)!) Attachment ��` W. Lampshire Ltr. ---- square foot or $20,000.00 to be used solely for the purpose of interior improvements of the specified premises. The property owner and our client could work together on the balance of the needed interior dollars of improvements. The pledge when granted would be payable on a formula to be mutually agreeable to the city and the tenant, after the execution of the lease documents. As a point of interest we believe that the retail sales of this specific tenant will generate annual retail sales that will provide sales tax revenue to the city that would relate to a full payback to the city in five years or less. Please be reminded that the tenant is offering a ten-year lease; therefore the upside for a city revenue gain is very promising. The bottom line is: 1) The property owner is faced with major high costs to bring his property into needed compliance. 2) The property owner has offered to lease his property at a competitive lease rate. 3) A high quality retailer needs quality presentation space in order to reach his sales goals. He needs financial assistance in these efforts. 4) This retailer is also offering to add improvement to the property with his own funds, as well as promoting and advertising men's wear on a regional level, that would include Saratoga in his list of stores. The city council has already demonstrated their desire of re -vitalization for all of Saratoga, and bringing in anchor style tenants to the Village is a step in the right direction. Thanks very much for your help Bill, and I want to thank the city council in advance for their review and consideration of assistance in this request. Sincerely, a ps/�' Commercial Real Estate Owner/Broker SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: August 2, 2000 CITY MANAGER: ,Qc1 ORIGINATING DEPT: Office of City Manager DEPT. HEAD: SUBJECT: CONSIDERATION OF REQUEST FOR PROPOSALS FOR HAKONE GARDENS LEASE RECOMMENDED ACTION(S): Direct staff to prepare a request for proposals for a long-term lease of Hakone Gardens Park. REPORT SUMMARY: Background - The Hakone Foundation was organized December 19, 1984 for charitable and educational purposes as a non-profit (IRS Code 501[c]3) foundation. On April 20, 1994, the Foundation entered into a management/operations agreement with the City to maintain and operate the Hakone Gardens City Park. The latest agreement, dated July 1, 1997, is due to expire on June 30, 2004. A copy of this agreement is attached (attachment #1). Under this agreement, the City Council appoints the Trustees of the Foundation, which serve at the pleasure of the City Council. The Foundation operates a gift shop for items related to Japanese culture and history, and hires, at its sole cost, the employee staff. An annual financial report is required to be prepared by a CPA and provided to the City annually within 120 days of the close of the fiscal year. In March 1994 the Foundation borrowed $373,750 from the City for capital improvements at 6.50%. The current balance on this loan is $169,075. The last actual payment received on the loan was in August 1995, when the balance was $336,760.20. Since that time the City has written off the payments in exchange for the Foundation managing and operating the Park, pursuant to the current agreement. Discussion - On March 23, 2000, Dan Pulcrano, Chairman of the Board of Trustees, notified the City of the Board's desire to amend the operating agreement. The Board has proposed a sixty -year (60) lease agreement with two fifteen (15) year extensions. The purpose of terminating the existing operating agreement and establishing a long-term lease is to allow the Foundation a "more secure environment for the operations of the gardens, and the pursuit of its associated fundraising activities." A copy of the proposed lease is attached (attachment #2). The main points of the lease are as follows: 1. The "caretaker's cottage" would be converted to a visitor's center, gift shop and/or tea shop, and the Foundation would pay the City $5,000 annually to offset the cost of the City's repayment to HUD for the CDBG grant of $121,000 which the City received to provide a low income housing unit. 2. The City shall pay for inspection of structures and appurtenances (facilities) to determine deferred maintenance, and pay for the cost of the Foundation bringing the facilities up to a standard of good condition. The Foundation would then be responsible for keeping the facilities in good condition, excepting roads, parking lots, water and sanitary pipes, electrical service, and dead, diseased or hazardous trees. 3. City shall pay all real and personal property taxes and licenses levied on the premises. 4. City shall provide liability and property insurance for both premises and Foundation property. 5. City shall have the right to use any part of the premises at no cost by providing 30 days written notice. 6. City will pay the costs of one gardener at approximately $5,500/month. After review of the lease proposal, City staff has made the following recommended changes: 1. The caretaker's cottage should be converted to a gift shop, at the expense of the Foundation, and the Foundation should pay the City $780/month $9,360/year to amortize a new loan amount of $121,000 at 6%, which the City will have to either repay HUD, or use for another affordable housing unit elsewhere in the City. 2. The City has done some inspection on the most critical of the facilities, and found the following costs: a. Road repair - $600,000 b. Road widening - $2,300,000-$2,800,000 c. Parking lot - $3,000 d. Roofs — generally in good condition e. Pest control inspection on buildings - upcoming f. Sewer and water lines — good condition The road repair should be designed and put out to bid as a project this year, as well as slurry sealing the parking lot. The road widening, which the Foundation would like to allow large tour buses, is too costly at this time, and should not be attempted. The road should be excluded from this agreement and the sole responsibility of the City. The pest control work should be done after the report is received, and staff will bring this cost back to Council in September. Some of these expenses may qualify for funding from recently -approved state bond measures for parks. 3. The City Attorney has opined that conversion of the operating agreement to a long- term lease would trigger an assessment of possessory interest (PIT) tax from the county assessor, and that a long-term lease could require competitive bidding/proposals. The Foundation has asked for an opinion letter from the county assessor. If PIT is assessed, the City should not be required to pay this amount. 4. The ABAG (City's insurance provider) Risk Manager has been contacted about providing liability and property insurance on a long-term lease. It has been confirmed that existing coverage can be continued at the same cost to the City. However, ABAG recommends that the City require the Foundation to have the primary insurance, and ABAG to be the secondary insurance, since the City's self -insured retention is $25,000. A copy of this information is attached (attachment#3). 5. The right of entry for inspection and emergencies is provided in the proposed lease. The right of the City to use the facility, with 30 days notice, is a new benefit. However, these facilities are heavily used, and often reserved six months in advance. 6. The City should phase out the cost of the gardener. The Foundation has agreed to phase this out over seven years, as follows: a. Year one: 100% b. Year two: 100% c. Year three: 83% d. Year four: 67% e. Year five: 50% f. Year six: 33% g. Year seven: 17% 7. The City should require that all residents of Saratoga receive free admission and parking, except for special, reserved events. The Foundation has recently agreed to this provision. 8. Under this lease proposal the City would no longer be responsible for appointing the Board of Trustees. The relationship becomes solely tenant/landlord. If the Council chooses to pursue the long-term lease requested by the Foundation, the process would proceed as follows: 1. Staff will prepare a request for proposals (RFP) for Council approval seeking bids for the lease from qualified bidders. The lease would be modified prior to release of the RFP to address the issues identified above. In addition, State law requires that the lease provide that it be subject to periodic review by the City. 2. The RFP would be publicly noticed and released for a 30-day bidding period. 3. The Council would hold a noticed public hearing to consider adoption of an ordinance authorizing the lease to the bidder which, in the determination of the Council, offers the greatest economic return to the City. 4. The ordinance would be adopted and the lease signed. The City Attorney has indicated that this process would satisfy the requirements of State law pertaining to adoption of long-term leases. FISCAL IMPACTS: The City's current operational costs are limited to providing insurance coverage. This coverage is commingled with all other city facilities and grounds, and is not easily separated. The new lease agreement, as proposed, would cost the City $66,000 for the first two years for the gardener's salary. This would be reduced so that after seven years it would no longer be a cost to the City. The capital costs are primarily limited to pest control repair, and the road and parking lot repair, estimated at $750,000 for the current fiscal year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The current operating agreement would continue until June 30, 2004, and the Foundation would be limited in their fundraising activities. ALTERNATIVE ACTION(S): The Council could keep the operating agreement, but amend it to include some of the issues requested by the Foundation. FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice the Request for Proposals. ATTACHMENTS: Attachment #1 - MANAGEMENT AND OPERATIONS AGREEMENT by and between THE CITY OF SARATOGA and THE HAKONE FOUNDATION Attachment #2 - LEASE BETWEEN THE CITY OF SARATOGA AND THE HAKONE FOUNDATION Attachment #3 - Interoffice Memorandum — Date: April 26, 2000 Regarding Insurance on Hakone Attachment #4 - 2000 — 2001 Hakone Budget MANAGEMENT AND OPERATIONS AGREEMENT by and between THE CITY OF SARATOGA and THE HAKONE FOUNDATION This Agreement, dated July 1, 1997, by and between the CITY OF SARATOGA, a municipal corporation herein after referred to as the CITY, and the HAKONE FOUNDATION as the Manager and Operator hereinafter referred to as the FOUNDATION. The FOUNDATION is a non-profit Foundation formed under a Trust Agreement dated December 19, 1984, ("Trust Agreement") and this Agreement is made with reference to the following facts: A. CITY is the owner of the property and all improvements thereon located in the City of Saratoga, County of Santa Clara, State of California, commonly known as Hakone Gardens, and hereinafter referred to as the PROPERTY. B. The PROPERTY has been dedicated by the CITY for use as a public park and is developed as a distinctive authentic Japanese Garden and Cultural Center. C. The FOUNDATION has been organized exclusively for charitable and educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code and in accordance with "Trust Agreement" dated December 19, 1984. D. The FOUNDATION and the CITY hereby desire to enter into a Management/Operations Agreement for the purpose of the FOUNDATION managing and operating the PROPERTY and its improvements, under authorization from the CITY. This Management/Operations Agreement hereby supersedes and shall take the place of the Management/Operations Agreement dated April 20, 1994, and all amendments thereto, which agreements and amendments shall be of no further force or effect. 1 Attachment #1 d) The FOUNDATION shall establish and enforce rules, regulations and policies concerning the use of the PROPERTY by members of the general public and private parties, and shall establish the schedule of charges for every use on the PROPERTY. The FOUNDATION shall continuously and uninterruptedly keep the PROPERTY open for the use and enjoyment of the general public during regular hours of operation as established by the FOUNDATION. The FOUNDATION acknowledges that it is the intention and desire of the CITY for the PROPERTY to be open and available to the general public pursuant to policies developed by the FOUNDATION and approved by the CITY. The FOUNDATION shall submit to the CITY the schedule of rules, regulations, policies, and fees for approval by the CITY. e) The FOUNDATION is authorized to collect and retain all moneys generated through Gift Shop sales, parking fees, rental charges, membership dues, and fund raising activities. These funds shall be used exclusively to pay the FOUNDATION'S obligations in the management, operation, and maintenance of the PROPERTY and cultural and educational programs conducted on the PROPERTY. In addition, the FOUNDATION may use any other funds received for the development, construction, or reconstruction of buildings or other improvements on the PROPERTY subject to paragraph 3 (g) of this Agreement and may describe to prospective donors that funds donated may be used to improve the PROPERTY for the benefit of the general public, and for charitable or educational purposes in accordance with the Trust Agreement. The FOUNDATION shall retain a CPA to prepare a compilation report annually to the City, within 120 days of the close of the fiscal year, on the operations and financial position of the FOUNDATION. f) The FOUNDATION shall at its sole expense accept the responsibility of hiring and supervising staff to manage, operate and maintain the PROPERTY. principal and interest on loans outstanding to the CITY in the amount of $277,660.85, as of June 30, 1997 as set forth in that loan agreement dated December 5, 1990 as amended on October 21, 1992 and on April 20, 1994, all of which are attached hereto as Exhibit B and incorporated herein. k) The FOUNDATION shall pay all charges for gas, electric, water, sewer, garbage disposal, and supply the required paper goods and services for all rest rooms and buildings in the PROPERTY. 1) The FOUNDATION shall be responsible for repairs and maintenance of the PROPERTY, including: (1) all buildings, structures and improvements; (2) all lighting of the PROPERTY for safety and enhancement purposes; (3) sidewalks, pathways, foot bridges, benches and fences, koi pond and related mechanical equipment; (4) landscaping including irrigation facilities, pruning, fertilizing and replacement of plants and material when necessary. 4. Obligations and Rights of CITY: a) The CITY at its sole cost `shall at all times maintain and keep in full force and effect a policy of fire and extended coverage insurance on all buildings and other insurable improvements in the PROPERTY which is owned by the CITY. The CITY shall not be responsible for the insurance of any of the FOUNDATION'S personal property including, but not limited to, display pieces, fixtures and equipment. b) The CITY shall be responsible for repairs and maintenance on the following -portions of the PROPERTY, only : 5 demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by the CITY in connection with the CITY'S performance of its obligations, including but not limited to maintenance and repair work, under this Management/Operations Agreement. g) The FOUNDATION agrees to indemnify and hold the CITY and its officers, officials, boards, commissions or committees free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by the FOUNDATION in connection with the FOUNDATION'S performance of its obligations, including but not limited to maintenance and repair work, under this Management/Operations Agreement. h) The CITY shall provide the FOUNDATION, at no cost or expense to the FOUNDATION, as an Additional Covered Party under the Memorandum of Coverage (Liability) ("Memorandum") between the Association of Bay Area Governments (ABAG) and the City of Saratoga (City), for liability insurance as it is afforded to the CITY under the ABAG PLAN. "Additional Covered Party" is defined in the Memorandum as "any person, organization, trust or estate to whom or to which the (City) is obligated by virtue of a written contract to provide coverage such as is afforded by this Memorandum, but only with respect to the operations performed by or on behalf of the (City) of facilities owned or used by the (City)." 5. Termination: Cancellation: This Management/Operations Agreement shall automatically terminate upon any termination of the Trust Agreement pursuant to which the FOUNDATION was created. If not sooner terminated as provided herein or as provided in paragraph 6 of this Agreement, the Agreement shall remain in force for a term of seven (7) years, July 1, 1997, as set forth in paragraph 2 of this Agreement, unless canceled by either party upon written notice to the other party received at least one hundred and twenty (120) days prior to the anniversary date. 6. Default: Should the FOUNDATION default in its obligations under this Agreement and fail to correct such default within thirty (30) days written notice from CITY, CITY shall have the right to immediately terminate this Agreement. 7 under the Bankruptcy Act in which FOUNDATION is the bankrupt. B. If a writ of attachment or execution is levied on this Agreement. C. If, in any proceeding or action to which FOUNDATION is a party, a receiver is appointed with authority to take possession of the premises. An involuntary assignment shall constitute a default by FOUNDATION and CITY shall have the right to elect to terminate this Agreement in which case this Agreement shall not be treated as an asset of FOUNDATION. 12. Hazardous Substances: No goods, merchandise or materials which are in any way explosive or hazardous shall be kept, stored or sold in or upon said premises; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon; and no machinery or apparatus which will in any way injure said premises or adjacent buildings or gardens shall be used or operated on said premises. 13. Surrender of Premises: FOUNDATION covenants and agrees that at the expiration of this Agreement, or upon its earlier termination, it will quit and surrender said premises with all the improvements thereon in as good state and condition as the same were when possession thereof was given to FOUNDATION, reasonable wear and tear excepted, and FOUNDATION agrees, unless otherwise permitted in writing by CITY, to remove all personal property belonging to FOUNDATION. Upon such termination, CITY shall have the right to enter upon and take possession of all of the said premises. 14. Inspection of Premises: CITY or its duly authorized representatives or agents may enter upon said premises at any and all reasonable times and upon giving reasonable notice during the term of this Agreement for the purpose of determining whether or not FOUNDATION is complying with the terms and conditions hereof or for any other purpose incidental to rights of CITY. 15. Notices: Any notice permitted or required to be served upon FOUNDATION shall be served upon it at Post Office Box 2324, Saratoga, 9 ,ORROWER:HAKONE FOUNDATION LENDER: CITY OF SARATOGA LOAN AMOUNT: INTEREST RATE: MONTHLY PAYMENT: • 373,750.00 DATE AMOUNT 0.00 0.00 0.00 t -c 0.00 Nov-93 0.00 0.00 .Jan-.94 0.00 0.00 T -'94 0.00 Pr 94 4,243.86 May-94 4,243.86 Jun--94 4,243.86 1 .i L! 1_ - 94 4.243.88 Au'-4 4,243.86 4,243.86 Oct--94- -.4,243.86 Nov-94 4,243.86 Dec-94 4,243.86 Jan-95 4,243.86 Feb-95 . 4,243.86 Mar-95 4,243.86 Apr-95 4,243.86 Mar-95 4.243.86 Jun-' 4,243.86 Jui-95 4,243.86 Aug-95 4,243.86 Sep-95 4,243.86 Oct-95 4,243.86 Nov-95 4.243.86 Dec-95 4,243.86 Jan-96 4_,_243 .86_ Feb-96 4,243.86 '1ar -96 4,243.86 ipr-96 4,243.86 _May-96 _ 4 ,243 .86 Jun-96 4,243.86 3 Jul-96 4,243.86 6.50: 4,243.86 PAYMENTS INTEREST O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 2,024.48 2,012.46 2.000.37 1,988.22 1,976.00 1,963.72 1,951.37 1,938.95 1,926.46 1,913.91 1,901.29 1,888.60 1,875.84 1,863.02 1,850.12 1,837.15 1,824.12 1,811.01 1,797.83 1,784.58 1,771.26 1_, 757 .87 1,744.40 1,730.861 1,717.25; 1,703.57 1 ,689 .81: 1,675.97 Exhibit A - BORROWER'S YEAR-END: MONTH TERM OF LOAN: YEARS 10 MONTHS 0 PAYMENTS START: YEAR MONTH PRINCIPAL O .00 0.00 O .00 O .00 O .00 0.00 O .00 O .00 O .00 2,219.38 2,231.40 2,243.49. T•( 2,255.64 ENDING BALANCE O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 373,750.00 371,530.62 369,299.22 367,055.73 364,800.09 2,267.86 362,532.23 2,280.141 360,252.09 2., 29.2 .49: '' 52 ,.959 .20 2,304.91. v355,654.69 2,317.40;. '-353,337.29 2,329.95? 351,007.34 2 , 342 .57. • 348,664.77 2,355.26' ..46,309.51 2,368.02' 343,941.49 2 , 380 .84 c ,-7341 , 560 .65 2,393.74' 339,166.91 23,037.50 94 4 YTD INTEREST O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 2,024.48 4,036.94 6.03i .31 2,406.71`: 336,760.20 2,419.74 - 334,340.46 2 , 432 .85,, . 331,907.61 2,446.03 ' " 329,461.58 2,459.28 _ 327,002.30 ' 2 , 472 .60i .324 , 529 .70 2,485.99•.. �322,043.71 2,499.46 319,544.25 2,513.00 317,031.25 ; 2 .526 .61 314 , 504 .64 2,540.29g; 311 ,964 .35 2,554.051 309,410.30 1,988.22 3,964.2._ 5,927.94 7,879.31 9,818.2u 11,744.72 13,e58.63 15,559.92 17,448.52 19,324.3o 21 187.38 1,837.15 3,661 .27 5,472.28 7,270.11 9,054.69 10,825.95 12,583.82 14,328.22 16,059.08 17,776.33 19,479.90 21,169.71 2,567.89 • 306,842.41 1,675.97 DATE Oct-2000 Nov-2000 Dec--2000 Jan-2001 Feb-2001 Mar-2001 . AP?_ 2001 H_ 2001 Jun-2001 Ju-' --2001 Aug-2001 Sep,.-..2001 u• r -200I fay_ . --2001 FD-LOC: ''ia, -200: Apr -2003 "i " 2003 u j'-- Jun--2003 10 u 1 - 2003 ;ur.:-200s .-- 003 [ -2003 _ .,ii--2004 F ems'- 2004 t1 : 2004 i ,liv- 2004 i n - 2004 AMOUNT 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4.243.86 4,243.86 4,243.86 4,243.86 4,243.86 4.243.86 4 _343 . 86 4,243.86 4,243.86 4 .242 .8r-: 4,243.86 4,243.86 4,24- .86 4,243.86 4,243.86 4.243.86 `, , 2 , i .. . v 6 .4.243.66 4,243.88 4,243.86 4,243.86 44.243.86 4,243.86 4.._43.86 4,243.86 4,242.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.17 O .00 O .00 O .00 PAYMENTS INTEREST 861.45 843.13 824 .71 806.19 787.57 768.85 750.02 731.10 712.07 692 .94 673.71 654.37 634.93 615.38 595.72 575.96 556.09 536.12 516 .04 495.84 475.54 455.13 434 .61 413.97 3 9 3. 2 3 372.37 351.40 330.32 309.12 287.80 266 .38 244.83 223.17 201.39 179.49 157.48 135 .34 113.09 90.71 68.22 45.60 22 .86 O .00 O .00 O .00 PRINCIPAL 3,382.41 3,400.73 3,419.15 3,437.67 3,456.29 3,475.01 3,493.84 3,512.76 3,531.79 3,550.92 3,570.15 3,589.49 3,608.93 3,628.48 3,648.14 3,667.90 3,687.77 3,707.74 3,727.82 3,748.02 3,768.32 3,788.73 3.809.25 3,829.89 ,850.63 3,871.49 3,892.46 3,913.54 3,934.74 3,956.06 3,977.48 3,999.03 4,020.69 4,042.47 4,064.37 4,086.38 4,108.52 4,130.77 4,153.15 4.175.64 4.198.26 4,220.31 O .00 O .00 O .00 ENDING BALANCE 155,654.78 152,254.05 148,834.90 145,397.23 141,940.94 138,465.93 134,972.09 131,459.33 127,927.54 124,376.62 120,806.47 117,216.98 113,608.05 109,979.57 106,331.43 102,663.53 98,975 .76 95,268.02 91,540.20 87,792.18 84,023.86 80.235.13 76 .42. .88 ,3.5�5.99 by,74c „ 60,981.41 57,067.87 53,133.13 49,177.07 45,199.59 41, 00.56 37,179.87 33,137.40 29,073.03 24,986.65 20,678.13 16,747.36 12,594.21 8,418.57 4,220.31 O .00 O .00 O .00 O .00 YTL, INTEREST 3,554.75 4 .?97,68 .028. 6,816.35 8, 9 7 75 . 1,366.b5 .021.0_ 4 , 9•:a , 1 0 6.05_ c.,S47.10 7.0.2 . o4 45J.1. 1,303. 420.71 2,781.03 3,Ou0.1` 3 ,614 ..3 3,859.1e- 4,082.33 201.39 380.88 538.36 673.70 786.79 877 .50 945.72 991.32 1,014.18 1,014.18 1,014.18 1,014.1a Exhibit B LOAN AGREEMENT THIS AGREEMENT, dated December 5 , 1990, by and between THE CITY OF SARATOGA, a municipal corporation ("City"), and THE HAKONE FOUNDATION, a non-profit trust ("the Foundation"), is made with reference to the following facts: A. The Foundation has requested a loan from City in the amount of $400,000 to pay construction costs and expenses required for completion of the Cultural Exhange Center at Hakone Gardens. B. City has made an initial loan advance to the Foundation in the amount of $100,000, in accordance with the terms of that certain Loan Agreement between City and the Foundation dated November 26, 1990. C. City has agreed to lend the remaining sum of $300,000 requested by the Foundation, on the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties agree as follows: 1. Prior to making the first disbursement of loan proceeds hereunder, the Foundation shall deliver to City each of the items listed below and the same shall have been approved by City as to form and content: (a) Plans and specifications for the entire Cultural Exchange Center and related improvements ("the Project") showing all additions, deletions, substitutions, or other changes therein, whether constructed or proposed. (b) An estimate of the cost to complete the Project prepared by the design or supervising architect, the general contractor, or other qualified person acceptable to City, showing a detailed breakdown of estimated costs for each trade or category of work as specified or approved by City. (c) Contracts, purchase orders, proposals, or other documents establishing, to the satisfaction of City, that all necessary labor and materials to complete the Project can be furnished at a total cost not exceeding -the estimate referred to in Paragraph (b) above. 2. Disbursements of the construction loan will be made by City from time to time, based upon written Requests For Payment submitted by the Foundation containing the following information: (a) All costs, expenses and liabilities which the Foundation intends to pay with the requested loan proceeds, including the name and address of each creditor or other person to whom payment is owed, a description of the service or material for which payment is being made, the amount of each cost, expense or liability to be paid, and such other information as may be requested by the City Manager concerning the proposed payment. Rev. 12/3/90 -1- (b) A description of all work performed since the date of the last construction loan advance. (c) A certification by the design or supervising architect, the general contractor, or other person acceptable to the City Manager that all costs to complete construction of the Project are not expected to exceed the undisbursed balance of the loan. Each Request for Payment shall be signed by an authorized representative of the Foundation. Requests may be submitted by the Foundation weekly, or at such other times as the Foundation may deem appropriate. 3. Upon approval by the City Manager of the Request For Payment, the City Manager shall disburse the loan proceeds to or for the account of the Foundation. At the discretion of the City Manager, such disbursement, or any portion thereof, can be made directly to the Foundation, or directly to the creditor, or by check jointly payable to both the Foundation and the creditor. As a condition for disbursing any payment, the City Manager may require the payee to furnish a receipt, release, or other evidence of payment, and may withhold payment for any materials until such materials are delivered to the site or otherwise placed into the custody and control of the Foundation. Notwithstanding the foregoing, the City Manager may require that the funds collected by the Foundation from cash gifts and donations and deposited into a separate construction account, as provided in Paragraph 5 of this Agreement, shall first be utilized for payment of the items shown on the Request and he may withhold all or any portion of the loan proceeds until the funds on deposit in said account are exhausted. The City Manager also may withhold any disbursement of loan proceeds if he finds that: (a) Any work has not been performed in accordance with the approved plans and specifications; or (b) A claim for payment has been asserted against the loan proceeds or against the City by any contractor, laborer, material supplier, or other person furnishing services or products for the Project; or (c) The Foundation has committed any default in the performance of its obligations hereunder. 4. Interest shall be charged on the principal balance of the loan outstanding from time to time at the rate of eight and one-half percent (8-1/2%) per annum from the date of each disbursement until the principal balance has been repaid in full. Interest shall be paid monthly on the first day of each calendar month, commencing January 1, 1991, and continuing thereafter until December 1, 1995, when the entire outstanding principal balance, together with any accrued and unpaid interest thereon, shall be paid in full. The Foundation shall have the right to prepay all or any portion of the principal balance at any time without premium or penalty. 5. Until all indebtedness owed by the Foundation to City has been repaid in full, all cash gifts and donations received by the Foundation shall be applied as follows: Rev. 12 /3 /90 -2- First, toward payment of monthly interest owed to City under Paragraph 4 above, as and when the same becomes due and payable. Second, toward deposit into a separate construction account until a total sum of $100,000.00 has been deposited. Disbursement from such account shall be made from time to time for payment of construction costs relating to the Cultural Exchange Center, upon written approval of each such disbursement by City. Upon completion of construction, any remaining funds in the account shall be delivered to City as a partial prepayment of the principal balance of the loan. Third, toward partial prepayment of the principal balance of the indebtedness owed by the Foundation to City. The Foundation shall furnish a monthly statement to City, on or before the 5th day of each calendar month, listing the name of each donor and the amount of each cash gift or donation received by the Foundation during the preceding month. Such statement shall be accompanied by a cash remittance for such amount as may then be payable to City for interest and principal, in accordance with the allocation set forth above. As used herein, the term "cash gifts and donations" does not include charges paid to the Foundation for rental of any facilities at Hakone Gardens or amounts paid as fees or contributions for membership in the Foundation; provided, however, nothing herein shall prevent the Foundation from utilizing such rental charges and membership contributions for payment of any indebtedness owed to City. 6. As security for repayment of all indebtedness owed by the Foundation to City hereunder, the Foundation hereby assigns to City all of its right, title and interest in and to all rental charges, membership fees or contributions, gifts, donations, and any other source of income or revenue received by the Foundation. Such income and revenue may continue to be collected and expended by the Foundation, subject to the provisions of Paragraph 5 hereof, unless and until a written demand is made by the City Council for the income and revenue to be paid to City for application to the indebtedness, based upon a determination by the City Council that: (a) The Foundation has defaulted in the performance of any of its duties or obligations hereunder; or (b) The undisbursed balance of the loan will not be sufficient to pay all costs to complete construction of the Project; or (c) The amount collected and reasonably anticipated to be contributed as cash gifts and donations during the current calendar year will not be sufficient, in itself, to repay a proportionate amount of the principal balance that would be necessary to pay during such calendar year in order to fully amortize the outstanding principal balance of the loan by the maturity date of December 1, 1995. 7. All work on the Cultural Exchange Center shall be performed strictly in accordance with the plans and specifications for the project and no changes, additions, or modifications thereto shall be made by the Foundation without the prior written consent of City. Rev. 12/3/90 -3- 8. Except for the cost of continuing construction activity on the Cultural Exchange Center in accordance with the plans and specificatons and cost estimates approved by City, the Foundation shall not incur any new or additional liabilities or contractual obligations other than normal operating expenses from and after the date of this Agreement, whether related or unrelated to the Cultural Exchange Center, without the prior written consent of City. 9. Not later than 45 days after the close of the Foundation's fiscal year, the Foundation shall furnish to City an income and expense statement covering the preceding fiscal year together with a balance sheet showing all assets and liabilities of the Foundation as of the close of the preceding fiscal year. Such statements shall be signed and certified as to accuracy by the treasurer or equivalent fiscal officer of the Foundation. The annual financial statements shall be accompanied by a proposed operating budget for the ensuing fiscal year, which shall be subject to approval by the City CounciL The Foundation shall adhere to the approved operating budget, unless a modification thereof is authorized by the City CounciL The City reserves the right to request that additional financial statements be provided by the Foundation, covering such matters and periods of time as the City may specify. All books and records of the Foundation shall be open to inspection by City or its representatives at any time and shall be kept and maintained at a location reasonably accessible to City. 10. This Agreement supersedes and cancels the Loan Agreement previously executed between the parties dated November 26, 1990, and all loan proceeds disbursed pursuant to such agreement shall become a part of the loan referred to herein and shall be governed by the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA By Attest Mayor / I *-'M City Clerk TH . HAKO E FOUNDATI Donald B. MI er, Presi ent Rev. 12/3/90 -4- AMENDMENT TO LOAN AGREEMENT THIS AMENDMENT TO LOAN AGREEMENT, dated October 21 1992, by and between THE CITY OF SARATOGA, a municipal corporation ("City"), and THE HAKONE FOUNDATION., a non-profit trust ("the Foundation"), is made with reference to the following facts: A. The Foundation and City entered into loan agreements dated November 26, 1990, and December 5, 1990. B. Said loan agreements specified an interest rate payment of eight and one-half percent (8-1/2%) per annum. C. Declining interest rates make it appropriate that the interest rate charged for the loans be a variable rate based upon a nationally recognized index. NOW, THEREFORE, the parties agree as follows: 1. Commencing October 1, 1992, the interest rate charged by the City on the outstanding principal balance shall be the Prime Rate plus one-half percent (1/2%) as published in the first Monday of the month edition of the Wall Street Journal. Interest payments will be due monthly through December 1, 1995, when the entire outstanding principal balance shall be due and payable. The interest rate shall be recalculated each six months based upon the same method of calculation stated above. 2. This Amendment shall be cancellable upon thirty (30) days written notice from the City to the Foundation. At such time the interest rate charged shall revert to the rate under the original agreements. IN WITNESS WHEREOF, the parties have executed this Amendment to Loan Agreement the day and year first above written. THE CITY -OF SARATOGA By L Karen Anderson, Mayor THOUNDATI By Donald B. Miller, esident SECOND AMENDMENT TO LOAN AGREEMENT THIS SECOND AMENDMENT TO LOAN AGREEMENT, dated April 20, 1994, by and between the CITY OF SARATOGA, a municipal corporation (the "City") , and the HARONE FOUNDATION, a non-profit trust (the "Foundation"), is made with reference to the following facts: A. The Foundation and City entered into loan agreements dated November 26, 1990, and December 5, 1990. B. Said loan agreements specified an interest rate payment of eight and one-half percent (8-1/2%) per annum. C. By amendment dated October 21, 1992, the loan agreements were modified to specify that the interest rate charged for the loans be a variable rate based upon a nationally recognized index. D. The Foundation and the City now agree to further amend the loan agreements to reflect new arrangements between the City and the Foundation to Manage and Operate that publicly -owned facility known as Hakone Gardens. NOW, THEREFORE, the parties agree as follows: 1. The Foundation currently owes the City $376,250 from all outstanding loans and notes. 2. Commencing May 1, 1994, the interest rate charged on the outstanding principal balance shall be six and one-half percent (6-1/2%). 3. The principal and interest shall be repaid monthly over a period of ten (10) years, commencing May 1, 1994. 4. Monthly payments shall be $4,272.25 and be due and payable as set forth in the Lease Agreement dated April 20, 1994, between the City and the Foundation. 5. The Foundation shall have the right to prepay any part of the outstanding loan principal without penalty. Upon such occurrence, the monthly payment shall be recalculated by the City for the remainder of the repayment period. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Loan Agreement the day and year first above written. THE CITY OF SARATOGA THE HAKONE FOUNDATION By /-` Karen T}dker, Mayor By ,7‘4,,d Gladys, strong, Pres ent March 23, 2000 William Norton City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Norton: On behalf of the Hakone Foundation, I am pleased to enclose a draft lease agreement between the City of Saratoga and the Hakone Foundation. This document was drafted in response to a request from the previous city manager, following discussions regarding the need to provide a more secure environment for the operation of the gardens and the pursuit of its associated fundraising activities. The document that is attached is the product of considerable thought and deliberation, which followed extensive research and review of operating relationships at similar facilities. We hope you find it a sound basis for the future relationship between the city and the foundation. Please feel free to call me at my office with any questions. My telephone number is 408.298.8000, extension 202. Also, we would appreciate confirmation of the receipt of this email, and also whether you are able to open the file. We will be happy to provide in other formats if necessary. I look forward to dicussing this with you further. Sincerely, THE HAKONE FOUNDATION By: Dan Pulcrano Chairman, Board of Trustees cc: Mayor Bogosian Richard Taylor, Esq. Attachment #2 TABLE OF CONTENTS Page 1. Recitals 2 2. Premises 3 3 Term 3 4 Consideration 4 5. Use 5 6. Termination of Master Lease before Termination of Lease 5 7. Utilities and Services 5 8. Deferred Maintenance, Maintenance and Repairs 5 9 Alterations 7 10. Taxes 8 11. Insurance; Indemnity 9 12. Damage or Destruction 10 13. Caretaker's Cottage 10 14. Access 11 15. Default; Remedies 11 16. Waivers 13 17. Assignment and Subletting 13 18. Condemnation 13 19. Real Property Title Matters 14 20. Landlord's Liability 14 21. Dispute Resolution 15 22. Notices 15 23. Head Gardner 15 24. Miscellaneous Matters 16 Signatures 17 1 LEASE BETWEEN THE CITY OF SARATOGA AND THE HAKONE FOUNDATION This Lease, effective as of July 1, 2000, is made by and between the City of Saratoga, a Municipal Corporation (hereinafter "Landlord"), located in the County of Santa Clara, State of California and the Hakone Foundation, a not for profit corporation organized under the laws of the State of California (hereafter "Tenant"), located at 21000 Big Basin Way, Saratoga, California, who agree as follows: 1. Recitals. WHEREAS, Landlord is the owner of certain real property located in the City of Saratoga, consisting of 17 acres more particularly described in Exhibit A attached hereto, on which are located, among other improvements, three large Japanese style buildings, garages, storage sheds, one residence, other appurtenant structures and various garden elements, known as "Hakone Japanese Gardens" (hereafter "the Gardens", or "the Real Property"); and WHEREAS, the Gardens are currently operated by Tenant for Landlord under that certain Management and Operations Agreement dated July 1, 1997; and WHEREAS, Landlord and Tenant wish to terminate the Management and Operations Agreement and replace it with this Lease; and WHEREAS, Landlord and Tenant desire and intend that the 2 Gardens be used, preserved, maintained, developed, administered, and operated by Tenant as an authentic Japanese Garden for the benefit, enjoyment and inspiration of the general public; and, WHEREAS, in order for Tenant to utilize and develop the Gardens to their full potential as a leading international horticultural, artistic and cultural center serving the region it is necessary and advisable to redefine the relationship between Landlord and Tenant with respect to various rights and duties toward each other and the Gardens; NOW, THEREFORE, for in and in consideration of their mutual covenants, agreements and undertakings hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 2. Premises. Landlord leases to Tenant and Tenant leases from Landlord for the term, at the rental, and upon all of the conditions set forth herein, the Real Property. The Real Property, including the land and all improvements located thereon as of the date of commencement of this Lease, is herein also called "the Premises". Tenant is presently the owner of all furniture, fixtures and equipment used in the operation of the Premises and all other tangible personal property and facilities located on the Premises. Landlord makes no representations whatever about the quantity nor condition of such furniture, fixtures and equipment which may be located on the Premises and makes no claim to them. 3. Term 3.1 Term. The term of this Lease shall be for Sixty (60) years, commencing on July 1, 2000, ("Commencement Date"), and ending on July 1, 2060, ("Expiration Date"), unless sooner terminated or extended pursuant to this Lease. 3.2 Option. Upon the Expiration Date of this Lease, providing Tenant is not in default under any term or provision of this Lease, Tenant shall have the option to extend the term of this Lease for two additional fifteen (15) year terms on the same terms and conditions set forth in this lease, except for terms and conditions of this Lease which shall be of no effect due to their prior expiration or discharge. ii) Tenant shall notify Landlord, in writing, of its intention to exercise the first option no later than 180 days before the Expiration Date of this lease, and the second option no later than 180 days before the end of the first option period. 3 3.3 Waiver of Redemption; Holding Over. Tenant hereby waives for Tenant and for all those claiming under Tenant, all right now or hereafter existing to redeem by order or judgment of any court or by any legal or equitable process or writ, Tenant's right to occupancy of the Premises after any expiration or termination of this Lease. If Tenant holds over after the expiration or termination hereof, with the express or implied consent of the Landlord, such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of Tenant. 3.4 Surrender of Premises. On expiration or within ten (10) days after termination of the Lease, Tenant shall surrender to Landlord the Premises and all Tenant's improvements and alterations in good and serviceable condition, clean and free of debris, except for ordinary wear and tear, destruction and damage to the Premises as specified in Section 11 that Tenant is not obligated to repair. Tenant shall remove all of its personal property upon expiration or within ten (10) days after termination of the Lease, and shall repair any damage to the Premises caused by such removal. If Tenant does not remove its personal property within such time Landlord may consider such property abandoned and may retain or dispose of it in any manner that Landlord deems proper at no liability to Landlord. 4. Consideration. In consideration for the lease of the Premises to Tenant by Landlord, Tenant agrees to pay Landlord as follows: 4.1 The sum of One Dollar ($1.00) upon execution of this Lease. 4.2 The sum of One Dollar ($1.00) per year during the term of this lease 4.3 The sum of Five Thousand Dollars ($5,000.00) per year during the first 25 years of this lease, said sum to be paid specifically in consideration of Landlord's obligation under sub- paragraph 13 below. 4.4 The payments referred to in sub -paragraphs 4.2 and 4.3 shall be made in advance on or before the first day of January of each year during the term of this Lease beginning on January 1, 2001 and every year thereafter during the term of this Lease. All such sums shall be paid by Tenant to Landlord at the address to which notices to Landlord are given. 4.4 In the event Tenant fails to make the payments referred to in sub -paragraphs 4.2 and 4.3 as set forth in sub- paragraph 4.4 Landlord shall notify Tenant in writing of such failure. In the event Tenant thereafter willfully fails to make such payment within 30 days of the date of such notice this lease 4 shall terminate. 5. Purpose of Lease and use of Premises. 5.1 Purpose. The purpose of this Lease is to provide possession of the Gardens to Tenant so as to enable Tenant to operate and manage the Gardens for public visitation and use and otherwise devote the Gardens to non-profit beneficial public, charitable and educational uses appropriate to and compatible with its character as an historical Japanese Garden and to enhance its position as a venue for the broadening and deepening of cross- cultural ties between the Japanese and American cultures. 5.2 Compliance With Laws. Tenant shall comply with all laws concerning the Premises and/or Tenant's use thereof. 5.3 Waste: Nuisance: Damage. Tenant shall not use the Premises in any way that will constitute waste, nuisance, or unreasonable annoyance to owners or occupants of adjacent properties. Tenant shall not do anything on the Premises that will cause damage to the Premises. 5.4. Tenant shall ensure that public access to the Gardens, at reasonable times and upon reasonable conditions, is maintained throughout the term of this Lease. Failure to do so shall be considered a material breach of this lease. 6. Termination by Landlord before Expiration of Term. In the event Tenant fails to cure the default of any material provision of this lease after receipt of notice by Landlord as to the nature and extent of such default, Landlord may terminate this lease as set forth in paragraph 15 below. 7. Utilities and Services. Landlord shall pay for the following utilities and services to the Premises: gas, electricity, water, sewer and garbage. Tenant shall pay for all other utilities. 8. Deferred Maintenance, Maintenance and Repairs. 8.1 Condition of Premises. Prior to the execution of this lease there was substantial deferred maintenance to the premises for which Landlord was obligated but which was uncompleted at the time of execution of this lease. At the time of execution of this lease Landlord and Tenant believe that such deferred maintenance includes, but is not limited to, the following items: a) roofs of all structures except for caretaker cottage; b) various gates, fences, stairs, and other garden 5 and site structures; c) structural components of buildings and garden structures, including foundations; d) subterranean electrical and plumbing fixtures and equipment; e) any and all upgrades or retrofitting required by the Americans with Disabilities Act; f) any and all upgrades or retrofitting required by any building, electrical, plumbing or mechanical code affecting health and safety; g) any and all upgrades or retrofitting required by fire officials or to ensure seismic safety; h) any and all upgrades, retrofitting or repair to the existing water delivery system to ensure safe, efficient and reliable water service to the premises; i) removal of any trees on the premises which are diseased, dying or hazardous; j) installation of state of the art fire alarm systems connected to local fire department in all historic buildings; k) any other items discovered by the building inspector as set forth below. Tenant has agreed to undertake such deferred maintenance and Landlord agrees to pay for the cost of such maintenance as set forth below. 8.2 Building inspection. Landlord agrees to retain and pay for the services of a licensed building inspection service, to be selected by Tenant, which shall conduct an inspection of all of the buildings, garden structures, fixtures and equipment located on the premises. 8.3 Landlord's duty to pay for deferred maintenance. Landlord agrees to pay for the cost of repair, replacement, retrofitting or upgrading which is required or recommended by such inspection report, is required by any and all building codes or other laws or regulations, or otherwise included in sub -section 8.1 above. All work shall be done in a manner consistent with the architectural style of the premises and to be done by licensed contractors knowledgeable about and competent in Japanese architecture and garden structures. Any contractor selected by Tenant shall be approved by Landlord, which approval shall not be unreasonably withheld. Landlord may require of such contractor a bond or other security in an amount reasonably related to the contract price. 8.4 Obtaining of proposals. Tenant shall seek and obtain proposals from one or more licensed contractors for all or a 6 portion of the deferred maintenance and shall present such proposals to Landlord for approval, which approval shall not be unreasonably withheld. Upon approval of the proposal, Tenant shall enter into a contract for the work to be performed. Landlord shall pay directly to contractor all sums required under the contract, in accordance with the terms of the contract, including the cost of reasonable change orders which may be necessary in the event unforeseen conditions are discovered. Tenant, in conjunction with building officials of the City of Saratoga, shall be responsible for ensuring that all work done under the contract is performed properly. 8.5 Tenant's Obligations. Subject to the duties of Landlord set forth above and elsewhere in this lease, Tenant, at its sole cost and expense, shall, after Landlord has fully performed its obligations as set forth in sub -paragraph 8.3 above, repair, maintain, and keep the Premises and every part thereof in good condition. In addition, Tenant shall be responsible for ensuring that all landscaping and garden art of every kind is kept and maintained in accordance with the best practices for gardens of their kind. 8.6 Landlord's Obligations. In addition to Landlord's duties as set forth in sub-pararaphs 8.1, 8.2 and 8.3 Landlord shall, at its sole cost and expense, repair, maintain or replace the following: a) all roadways and driveways leading to the Premises and upon the Premises, including improvements to the driveway(s) and access roads to provide access to the Gardens' parking lot for tour buses. b) All parking lots on the Premises, including providing additional parking at the base of the driveway. c) All soil and sanitary pipes within the Premises and between the Premises and the municipal sewer system. d) All water mains and branches serving the Premises. e) All electrical service to and upon the Premises. f) All diseased, dying or hazardous trees located on the Premises. 8.7 Time of Performance. Landlord shall make every reasonable effort to perform the duties set forth in sub -paragraph 8.6 (/" above within six months of the execution of this lease. Landlord shall further make every reasonable effort to perform the work described in sub -sub -paragraphs a) and b) during the off-season months from October through April. 7 9. Alterations. 9.1 Consistency. Tenant shall make no alterations, improvements, or additions ("Alterations") to the Premises which are not consistent with its character as a public Japanese garden. 9.2 Landlord's consent. Tenant shall construct no new buildings or other significant garden structures without first obtaining the Landlord's prior written consent, which consent shall not be withheld if such new buildings or garden structures are within the scope of the Master Plan. Before granting such consent, Landlord may require Tenant to prepare and submit for Landlord's approval plans for such buildings or garden structures. Any such consent shall be deemed conditioned upon Tenant obtaining any required permits (however, any cost of such permit or application for such permit imposed by the City of Saratoga shall be waived) from appropriate governmental agencies, and upon Tenant's compliance with all conditions of such permits. 9.3 Master Plan. Landlord acknowledges that Tenant is intending to develop a master plan for the premises, which plan shall tentatively include the construction of a visitor and conference center, facility for the serving of tea and light snacks, gift shop, and other facilities on the premises. Tenant believes it is necessary to increase the revenue generating capability of the premises in order to fully utilize its value and usefulness as a cultural and artistic center, and to this end considers it imperative that it be more fully developed with buildings serving those ends. Tenant shall provide a copy to Landlord of the master plan for Hakone Gardens as soon as it is prepared and Landlord shall have the opportunity to review and approve such master plan prior to Tenant's undertaking any major capital improvements to the premises. 9.4 Ownership of Alterations at End of Tenancy. Any Alterations made hereunder shall be the property of Landlord, and remain on and be surrendered with the Premises upon expiration or termination of this Lease. 10. Taxes. 10.1 Payment of Real Property Taxes. Landlord shall pay all real property taxes levied and assessed against the Premises during the term of this Lease. 10.2 Definition of "Real Property Tax." As used herein, the term "real property tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, 8 levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord in the Premises, as against Landlord's right to rent or other income therefrom, and as against Landlord's business of leasing the Premises. The term "real property tax" shall also include any tax, fee, levy, assessment or charge on rents, the square footage of the Premises, the act of entering into this Lease, or the occupancy of Tenant, any other tax, fee, or excise, however described, including, without limitation, a so-called value added tax, imposed as a direct substitution in whole or in part for, or in addition to, conventional real property taxes and assessments. 10.4 Payment of Personal Property Taxes. Landlord shall pay before delinquency all taxes, assessments, license fees, and other charges levied and assessed against any and all trade fixtures, furnishings, equipment, and all other personal property installed or located in or on the Premises. 11. Insurance; Indemnification. 11.1 Liability Insurance. Landlord shall procure and pay all premiums for and keep in force during the term of this Lease, with Tenant as an Additional Covered Party under the Memorandum of Coverage (Liability) (hereafter "Memorandum") between the Asociation of Bay Area Governments (ABAG) and the City of Saratoga for liability insurance as it is afforded to the Landlord under the ABAG plan. "Additional Covered Party" is defined in the Memorandum as "any person, organization, trust or estate to whom or to which the City is obligated by virtue of a written contract to provide coverage such as is afforded by this Memorandum, but only with respect to the operations performed by or on behalf of the City of facilities owned or used by the City". 11.2 Property Insurance --Premises. Landlord shall procure and pay all premiums for and keep in force during the term of this Lease a policy or policies of fire and extended coverage insurance on all buildings and other insurable improvements located on the Premises which are the property of the Landlord. Landlord shall have no duty to provide coverage for any of the Tenant's personal property, fixtures and equipment. 11.3 Property Insurance --Tenant's Property. Tenant, at its cost, may obtain and keep in force on Tenant's, fixtures, and equipment, in, on, or about the Premises, and its personal property in, on, or about the Premises, a policy of insurance providing protection against all perils included within the 9 classification of fire, extended coverage, vandalism, malicious mischief, etc. 11.4 Landlord shall procure and pay all premiums for and keep in force during the term of this Lease a policy of liability coverage for all trustees, officers and employees of Tenant similar to that provided to volunteers acting for or on behalf of the Landlord as "covered individuals". 11.5 Waiver of Subrogation. Landlord and Tenant each hereby release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against under this Section 11, which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their agents, employees, contractors and/or invitees. Landlord and Tenant shall, upon obtaining the policies of insurance required hereunder, give notice to the insurers that this mutual waiver of subrogation is contained in this Lease and shall thereafter obtain evidence of the waiver by their respective insurance carriers of any right of subrogation against the other. 11.6 Indemnification. Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use of the Premises, or from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant in or about the Premises or elsewhere, except that Landlord shall indemnify and hold Tenant harmless from and against any and all claims arising from the acts or omissions of Landlord or its authorized representatives. Landlord shall hold Tenant harmless for all losses arising out of any such damage. 12. Damage or Destruction. 12.1 Damage --Insured Loss. If at any time during the term of this Lease there is damage which is an Insured Loss Landlord shall, from the proceeds of the insurance described in Section 11, repair such damage and, if such insurance especially provides therefor, Tenant's fixtures, equipment or alterations, as soon as reasonably possible and this Lease shall continue in full force and effect. 12.3 Tenant's Remedies. If Landlord shall be obligated to repair or restore any part of the Premises under the provisions of sub -section 12.1 and does not make a good faith attempt to commence such repair or restoration within sixty (60) days after receipt of the insurance proceeds, Tenant may thereafter at 10 Tenant's option terminate this Lease by giving Landlord written notice of Tenant's election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice 13. Caretaker's Cottage. There is located upon the Premises a small residential structure known as the "caretaker's cottage". This structure was recently renovated using funds from the Federal Government, Department of Housing and Urban Development ("HUD". Those funds were given on the condition that the cottage be used for low-income housing and Tenant takes the Premises subject to that condition. However, Tenant believes that that in order for it to properly manage and operate the Gardens it is necessary to convert the use of the cottage from residential to that of a visitor's center, gift shop and/or tea house and intends to do so as soon as possible. Landlord shall make any and all necessary arrangements with HUD or appropriate governmental agency to ensure that Tenant may use the caretaker's cottage for any purpose whatever consistent with the uses permitted under this lease. Tenant shall have the right to use the caretaker's cottage for any purpose, and Landlord shall take all necessary steps to ensure that any tenant of the caretaker's cottage has vacated the cottage, no later than six months from the execution of this lease. 14. Access. 14.1 Tenant shall have full and unimpaired access to the Premises at all times. Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same. 14.2 Landlord shall have the further right to use the Premises and any part thereof for municipal activities conducted from time to time by the Landlord or any of its officers, officials, boards or commissions or committees. In the event the Landlord wishes to use part of the Premises for its exclusive use it shall provide to the Tenant not less than 30 days' written notice of its request to use such part of the premises and such intended use. Landlord agrees to attempt to arrange for such use at a time reasonably calculated not to interfere with other events scheduled for the Premises. Tenant agrees to make all reasonable effort to accommodate Landlord's intended use. There shall be no fee or other charge imposed by Tenant on Landlord for such event. However, Landlord shall provide any additional staffing and provide cleanup for the event such that no additional burden is placed upon Tenant as a result of the event. 15. Default; Remedies. 15.1 Tenant's Default. The occurrence of any of the 11 following events shall be a material default and breach of this Lease by Tenant: 15.1.1 Failure of Tenant to pay rent or make any other payment required under this Lease, as and when due. 15.1.2 Abandonment by Tenant of the Premises for a period of forty five (45) or more consecutive days. Tenant's failure to keep the Premises open and accessible to the public for such period shall be deemed abandonment and vacation; provided that Tenant shall not be required to conduct its business at the Premises while Tenant is prevented from so doing by reason of any damage, destruction or condemnation (whether such damage, destruction or condemnation is partial or complete) or by any other reason beyond Tenant's control. 15.1.3 Failure by Tenant to observe and perform any other provisions of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if such default cannot reasonably be cured within such thirty (30)-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently continue such cure to completion. 15.1.4 The making by Tenant of any general assignment for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a debtor and have its affairs liquidated or reorganized under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises, or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days. 15.2 Landlord's Remedies. In the event of any default by Tenant specified in section 15.1 and any of its sub -parts, Landlord shall have the following remedies. These remedies are cumulative (in addition to any other remedies contained elsewhere in this Lease or now or later allowed by law), and not exclusive. 15.2.1 Right to Possession Terminated. Landlord may terminate this Lease and Tenant's right to possession of the Premises at any time. No act by Landlord (including acceptance of keys) other than giving written notice to Tenant shall constitute termination of this Lease before expiration of the term hereof and 12 acceptance of surrender of the Premises. Upon termination, Tenant shall immediately surrender possession of the Premises to Landlord. 15.2.2 Waiver of Damages for Reentry and Storing Property. Tenant hereby waives all claims for damages that may be caused by Landlord's re-entering and taking possession of the Premises or removing and storing the property of Tenant, and will hold Landlord harmless from loss, costs, or damages occasioned thereby, and no such re-entry shall be considered or construed to be a forcible entry. 15.2.3 Cure of Tenant Default. At any time after Tenant commits a default under this Lease, Landlord may, but shall have no duty to, cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be deemed additional rent and be due immediately from Tenant to Landlord. Interest thereon shall accrue at the maximum rate allowed by law from the day such sum is paid by Landlord until the day such sum is paid by Tenant. 15.3 Default By Landlord: Remedies. Landlord shall be in default of this Lease if it does not perform any provision of this Lease that it is obligated to perform within thirty (30) days after written notice thereof has been given by Tenant to Landlord. If the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, Landlord shall not be in default of this Lease if Landlord commences performance within the thirty (30)-day period and diligently and in good faith continues the same to completion. Tenant, at any time after Landlord commits a default, may cure the default at Landlord's cost. If Tenant, by reason of Landlord's default, at any time pays any sum or does any act that requires the payment of any sum, the sum paid by Tenant shall be due immediately from Landlord to Tenant at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate allowed by law from the date the sum is paid by Tenant until Tenant is reimbursed by Landlord. 16. Waivers. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by the other party of the same or any other provision. 17. Assignment and Subletting. 17.1 Landlord's Consent Required. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises (the renting of rooms, 13 meeting facilities, or any other part of the Premises for the conduct of events, programs, or other activities in the ordinary course of the conduct of the Gardens are not to be considered an assignment or subletting under this Lease), without Landlord's prior written consent. For purposes of the preceding sentence, "by operation of law" shall include transfer by testacy or intestacy, bankruptcy, assignment for the benefit of creditors,. levy of a writ of attachment or execution against the Lease, or appointment of a receiver to take possession of the Premises. 18. Condemnation. As used in this Section, condemnation means the taking of the Premises, or a portion thereof, by the State of California under the power of eminent domain, or the sale of the Premises, or a portion thereof, under the threat of the exercise of such power. If, during the term of this Lease or during the time between its execution and Commencement Date, there is any taking of the Premises, or a portion thereof, by condemnation, the rights and duties of Landlord and Tenant shall be determined by this Section. 18.1 Total Taking. If the Premises are totally taken by condemnation, this Lease shall terminate on the date the condemning authority takes title or possession, whichever occurs first. 18.2 Partial Taking. If any portion of the Premises is taken by condemnation this Lease shall remain in effect, provided that Tenant can elect to terminate this Lease if the remaining portion of the Premises is not reasonably suitable for Tenant's continued use. Tenant can exercise such right to terminate effective on the date the condemning authority takes title or possession, whichever occurs first, only by giving written notice to Landlord within fifteen (15) days after Landlord has given Tenant written notice of such taking (or, in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken title or possession, whichever occurs first). If Tenant does not so elect to terminate, this Lease shall continue in full force and effect, except that on the date on which the condemning authority takes title or possession, whichever occurs first, rent shall be reduced by an amount that is in the same ratio to minimum monthly rent as the fair market value of the portion of the Premises taken bears to the total value of the Premises immediately before the taking. If there is a partial taking of the Premises and this Lease is not terminated, Landlord shall repair any damage to the Premises caused by the condemnation, provided that in so doing Landlord shall not be required to spend more than the condemnation award received by it. 19. Real Property Title Matters 14 19.1 Further Encumbrance. Neither Landlord nor Tenant may encumber the Premises. 20. Landlord's Liability. The term "Landlord" as used herein shall mean only the owner or owners at the time in question of the fee title of the Premises, and in the event of any transfer of such title or interest, Landlord herein named (and in case of any subsequent transfers the grantor) shall be relieved, from and after the date of such transfer, of all liability as to Landlord's obligations thereafter to be performed, provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Landlord shall, subject as aforesaid, be binding on Landlord's successors and assigns, only during their respective periods of ownership. 21. Dispute Resolution. In the event a dispute should arise concerning the terms, conditions or performance of this agreement, or the rights of any persons under it, the parties, or the parties' heirs, beneficiaries or personal representatives, agree to meet and confer in good faith to attempt to resolve such dispute. If such meeting should fail to resolve the dispute then the parties, or the parties' heirs, beneficiaries or personal representatives, agree that any such dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Santa Clara County, State of California, and the decision of the arbitrator(s) shall be final and without the right to further appeal. The decision rendered by the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. At the discretion of the arbitrator(s), the prevailing party to such arbitration shall be entitled to reasonable attorney's fees in addition to any other award. 22. Notices. Any notice required or permitted to be given under this Lease must be in writing and may be given by personal delivery, certified mail, or Express Mail, Federal Express or other such express delivery service. Notices shall be deemed communicated immediately if personally delivered. Notices shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed by certified mail, and within twenty-four (24) hours if mailed by express delivery service, excluding Sundays and holidays. Any such notice shall be deemed sufficiently given if addressed to Landlord or Tenant at the address specified below the signature of the respective party, as the case may be. Either party may specify a different address for notice purposes, or specify that a copy of any notice given to such party be concurrently given to another person, by giving appropriate 15 notice to the other party. Landlord: Tenant: City of Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA 95010 Hakone Foundation 21000 Big Basin Way Saratoga, CA 95010 23. Head Gardener. Landlord shall pay for the services of one full-time, master Japanese garden specialist, whose duties shall be exclusively devoted to maintaining the Gardens. The level of compensation to be paid, and benefits to be offered, such person shall be consistent with similar positions at public gardens in the greater bay area and shall in no event be less than that offered to employees of Landlord in similar positions of responsibility and expertise. Tenant shall have sole discretion in locating, hiring and supervising such master Japanese garden specialist. 24. Miscellaneous Matters. 24.1 Hazardous substances. No goods, merchandise or materials which are in any way explosive or hazardous shall be kept, stored or sold in or upon the Premises and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and no machinery or apparatus which will in any way injure the Premises or adjacent buildings or gardens shall be used or operated on such Premises. 24.2 Whenever consent or approval of either party is required, unless otherwise stated above, such consent or approval shall not be unreasonably withheld. 24.3 This Lease shall be binding on and inure to the benefit of the parties and their successors, except as provided in section entitled "Assignment and Subletting." 24.4 All exhibits referred to are attached to this Lease and incorporated by reference. 24.5 This Lease shall be construed and interpreted in accordance with the laws of the State of California. 24.6 The definitions contained in this Lease shall be used to interpret this Lease. 24.7 The captions and the table of contents of this Lease shall have no effect on its interpretation. 24.8 When required by the context of this Lease, the singular shall include the plural. 24.9 "Party" shall mean Landlord or Tenant, and if more than one person or entity is Landlord or Tenant, the obligations imposed on that party shall be joint and several. 24.10 The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal. 24.11 Tenant shall maintain in good standing its tax exempt status in accordance with the meaning of Section 501 (C)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code. 24.12 For each year of the lease, Tenant shall prepare and submit to Landlord an annual report within 90 days following the close of Tenant's fiscal year. The annual report shall include attendance, programs, rental, and financial data, material alterations and improvements, and other information reasonably requested by Landlord. Tenant shall keep its books and records in accordance with generally accepted accounting principles. Date: LANDLORD City of Saratoga by: Date: TENANT 17 Hakone Foundation By: CITY OF SARATOGA Administrative Services Department Interoffice Memorandum To: Bill Norton, Interim City Manager From: Mary Jo Walker, Administrative Services Director Date: April 26, 2000 Re: Insurance on Hakone I spoke with ABAG's new Risk Manager, Marcus Beverly, ((510) 464-7900) regarding property and liability insurance on the Hakone gardens and buildings should the City decide to lease the facility to the Hakone Foundation. Property Insurance — Marcus said this is negotiable in the lease contract. However, since this is a fairly low -exposure area, he would suggest that we continue to leave the property insurance provisions as they are now. In other words, that we leave the Hakone property on the City's property insurance policy, and the property would be covered by ABAG. General Liability insurance — Again, this is negotiable in the lease contract with the Hakone Foundation. Marcus Beverly suggests that we require the Foundation, in the lease agreement, to have its own insurance as the primary insurance, and that the City's ABAG insurance be secondary only. The Foundation's liability insurance policy should name the City as an additional insured, should contain the standard indemnity/hold harmless clause, and should provide proof of insurance annually to the City. Attachment #3 HAKONE FOUNDATION 1999-2000 BUDGET REPORT - SHORT FORM July 2000 through June 2001 05/22/00 TOTAL Jul '00 - Jun Income CLASSES 10,200 COTTAGE 0 DOCENT FEES 700 DONATIONS 14,100 FUND RAISERS 244,06 GIFT SHOP 90,000 INTEREST 5,200 MEMBERSHIPS 33,100 PARKING FEES 90,000 RENTS 135,620 Total Income 622,980 Expense ADMINISTRAT... 204,846 CLASS 4,775 CONTINGENCY 2,400 CONVERSIONS 65,000 DOCENT 100 FUND RAISING 49,000 GARDENING 96,240 GENERAL 13,500 GIFT SHOPPE 28,840 HOSPITALITY S00 MATNTENANC... 10,000 MEMBERSHIP 400 MSC 1,200 NEWSLETTER 4,000 OFFICE 19,200 OUTSIDE SERV... 15,000 PARKING/PAT... 31,000 PAYROLL EXP... 14,728 PUBLICITY 30,000 RENTAL 20,650 UTILITIES 11,600 Total Expense Net Income TOTAL Jul '00 - Jun 622,980 0 Attachment #4 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO: AGENDA ITEM: \r2C MEETING DATE: August 2, 2000 CITY MANAGER6et ORIGINATING DEPT: Community Development DEPT HEAD: O SUBJECT: Proposal to install visitor serving winery destination signs in Saratoga. RECOMMENDED ACTION: Receive report and direct staff accordingly. REPORT SUMMARY: The City of Saratoga installed decorative point -of -interest signs throughout the City several years ago in an effort to promote economic development. The signs directed visitors to shopping destinations such as the Saratoga Village and the Argonaut and Quito Village Shopping Centers. These signs also pointed to Hakone Gardens and other public interest destinations. The Saratoga Business Development Committee initiated the project. The SBDC is now recommending that this sign program be expanded to include generalized area winery directional signs per the attached exhibit. In summary, the signs are proposed to be located as follows: • Big Basin Way/Saratoga-Los Gatos Road/Saratoga-Sunnyvale Road Intersection - Three signs directing to mountain wineries. • Saratoga -Sunnyvale Road/Pierce Road Intersection - Two signs directing to mountain wineries, plus a third sign further north on Saratoga -Sunnyvale Road. • Pierce Road/ Mt. Eden Road Intersection - Three signs directing to mountain wineries, plus a third sign further west on Mt. Eden Road. • Pierce Road/Highway 9 Intersection - Three signs directing to mountain wineries. • Highway 9/Skyline Boulevard Intersection - This location is not applicable, it is outside the City limits. The signs would be designed to match the existing decorative destination signs in Saratoga and should be relatively unobtrusive from an aesthetics viewpoint. On the other hand, since the signs are general in their descriptions, their effectiveness may be questionable. For example, at the Pierce Road/Highway 9 Intersection there already exist several signs identifying specific wineries and their distances from that point. Additional signs noting "wineries" ahead would not add much value to a visitor. If the City Council approves the SBDC's -request, staff would recommend eliminating these particular signs and then taking a closer look at the other proposed sign locations. FISCAL IMPACTS: The signs would cost approximately $70 each to fabricate. For ten signs, it would cost the City $700 for the signs plus staff time and materials to install and maintain them. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Winery directional signs would not be installed. ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTIONS: If the City Council approves the SBDC's request, staff would make a final determination on the sign locations and numbers of signs necessary in the field, working with the SBDC, and then order and install the signs. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing beyond the agenda description that each of the Community Mailing List subscribers receives. ATTACHMENTS: 1. SBDC Winery Signage Proposal 2. Pro Signs Inc. Exhibit • 2 of2 • • • COOPERGARROD &tat& v� 22600 Mount Eden Road Saratoga, CA 95070-9708 tel: (4018) 741.8094 fax: (408) 741.1169 VIA, FAX - 868.1280 July 22,1999 Mr. David Russell City of Saratoga Dear David, As promised, attached is a mock-up of the Phase Ill Directional Sign. Sincerely yours, William R. Cooper William R. Cooper Assistant Wincmaker tel: (408) 867-3616 fax: (408) 867-4426 Saratoga Business Devellopment Council MEMORANDUM March 23, 1999 To: Larry Perlin, City Manager From: Saratoga Business Development Council Subject: Phase III Signage Attached is the SBDC proposal for Phase III signage layout and location. Phase III is designed to provide clear directions to our core hillside businesses. These directions, in turn, will contribute to our mutual goals of long-term business success in Saratoga by attracting resident and non-resident shoppers while minimizing unnecessary traffic. • All signs should use same colors as Phases I and II. • Type A should be reflective; all others, non -reflective. • In most cases, the signs should affix to existing posts. Please direct any questions on the signage to Bill Cooper at Cooper-Garrod Vineyards, 741-8094. Attachment: Map of Proposed Phase III Signage • • 1. J44 Ca L 4 4 a - . 4 ���� t • I 34, E maNa u • t a nm.? oummg . ocla �® • [10 .•r X SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM: CITY MANAGER: MEETING DATE: August 2, 2000 ORIGINATING DEPT.: City Manager PREPARED BY: SUBJECT: VALLEY TRANSPORTATION 2020 PROJECTS RECOMMENDED MOTION: Informational. Direct staff accordingly. REPORT SUMMARY: Councilmember Streit requested this item be placed on the agenda for discussion. No written report prepared. FISCAL IMPACT: N/A • ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A CONSEQUENCES OF NOT ACTING ON MOTION: N/A FOLLOW UP ACTIONS: N/A ATTACHMENTS: N/A • • • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM \3 MEETING DATE: August 2, 2000 CITY MANAGER: I),QQAI ORIGINATING DEPT: Office of City Manager DEPT. HEAD: SUBJECT: CONSIDERATION OF REQUEST FOR PROPOSALS FOR HAKONE GARDENS LEASE RECOMMENDED ACTION(S): Direct staff to prepare a request for proposals for a long-term lease of Hakone Gardens Park. REPORT SUMMARY: Background - The Hakone Foundation was organized December 19, 1984 for charitable and educational purposes as a non-profit (IRS Code 501[c]3) foundation. On April 20, 1994, the Foundation entered into a management/operations agreement with the City to maintain and operate the Hakone Gardens City Park. The latest agreement, dated July 1, 1997, is due to expire on June 30, 2004. A copy of this agreement is attached (attachment #1). Under this agreement, the City Council appoints the Trustees of the Foundation, which serve at the pleasure of the City Council. The Foundation operates a gift shop for items related to Japanese culture and history, and hires, at its sole cost, the employee staff. An annual financial report is required to be prepared by a CPA and provided to the City annually within 120 days of the close of the fiscal year. In March 1994 the Foundation borrowed $373,750 from the City for capital improvements at 6.50%. The current balance on this loan is $169,075. The last actual payment received on the loan was in August 1995, when the balance was $336,760.20. Since that time the City has written off the payments in exchange for the Foundation managing and operating the Park, pursuant to the current agreement. Discussion - On March 23, 2000, Dan Pulcrano, Chairman of the Board of Trustees, notified the City of the Board's desire to amend the operating agreement. The Board has proposed a sixty -year (60) lease agreement with two fifteen (15) year extensions. The purpose of terminating the existing operating agreement and establishing a long-term lease is to allow the Foundation a "more secure environment for the operations of the gardens, and the pursuit of its associated fundraising activities." A copy of the proposed lease is attached (attachment #2). The main points of the lease are as follows: 1. The "caretaker's cottage" would be converted to a visitor's center, gift shop and/or tea shop, and the Foundation would pay the City $5,000 annually to offset the cost of the City's repayment to HUD for the CDBG grant of $121,000 which the City received to provide a low income housing unit. 2. The City shall pay for inspection of structures and appurtenances (facilities) to determine deferred maintenance, and pay for the cost of the Foundation bringing the facilities up to a standard of good condition. The Foundation would then be responsible for keeping the facilities in good condition, excepting roads, parking lots, water and sanitary pipes, electrical service, and dead, diseased or hazardous trees. 3. City shall pay all real and personal property taxes and licenses levied on the premises. 4. City shall provide liability and property insurance for both premises and Foundation property. 5. City shall have the right to use any part of the premises at no cost by providing 30 days written notice. 6. City will pay the costs of one gardener at approximately $5,500/month. After review of the lease proposal, City staff has made the following recommended changes: 1. The caretaker's cottage should be converted to a gift shop, at the expense of the Foundation, and the Foundation should pay the City $780/month $9,360/year to amortize a new loan amount of $121,000 at 6%, which the City will have to either repay HUD, or use for another affordable housing unit elsewhere in the City. 2. The City has done some inspection on the most critical of the facilities, and found the following costs: a. Road repair - $600,000 b. Road widening - $2,300,000-$2,800,000 c. Parking lot - $3,000 d. Roofs — generally in good condition e. Pest control inspection on buildings - upcoming f. Sewer and water lines — good condition The road repair should be designed and put out to bid as a project this year, as well as slurry sealing the parking lot. The road widening, which the Foundation would like to allow large tour buses, is too costly at this time, and should not be attempted. The road should be excluded from this agreement and the sole responsibility of the City. The pest control work should be done after the report is received, and staff will bring this cost back to Council in September. Some of these expenses may qualify for funding from recently -approved state bond measures for parks. 3. The City Attorney has opined that conversion of the operating agreement to a long- term lease would trigger an assessment of possessory interest (PIT) tax from the county assessor, and that a long-term lease could require competitive bidding/proposals. The Foundation has asked for an opinion letter from the county assessor. If PIT is assessed, the City should not be required to pay this amount. 4. The ABAG (City's insurance provider) Risk Manager has been contacted about providing liability and property insurance on a long-term lease. It has been confirmed that existing coverage can be continued at the same cost to the City. However, • • • • ABAG recommends that the City require the Foundation to have the primary insurance, and ABAG to be the secondary insurance, since the City's self -insured retention is $25,000. A copy of this information is attached (attachment#3). 5. The right of entry for inspection and emergencies is provided in the proposed lease. The right of the City to use the facility, with 30 days notice, is a new benefit. However, these facilities are heavily used, and often reserved six months in advance. 6. The City should phase out the cost of the gardener. The Foundation has agreed to phase this out over seven years, as follows: a. Year one: 100% b. Year two: 100% c. Year three: 83% d. Year four: 67% e. Year five: 50% f. Year six: 33% g. Year seven: 17% 7. The City should require that all residents of Saratoga receive free admission and parking, except for special, reserved events. The Foundation has recently agreed to this provision. 8. Under this lease proposal the City would no longer be responsible for appointing the Board of Trustees. The relationship becomes solely tenant/landlord. If the Council chooses to pursue the long-term lease requested by the Foundation, the process would proceed as follows: 1 Staff will prepare a request for proposals (RFP) for Council approval seeking bids for the lease from qualified bidders. The lease would be modified prior to release of the RFP to address the issues identified above. In addition, State law requires that the lease provide that it be subject to periodic review by the City. 2. The RFP would be publicly noticed and released for a 30-day bidding period. 3. The Council would hold a noticed public hearing to consider adoption of an ordinance authorizing the lease to the bidder which, in the determination of the Council, offers the greatest economic return to the City. 4. The ordinance would be adopted and the lease signed. The City Attorney has indicated that this process would satisfy the requirements of State law pertaining to adoption of long-term leases. FISCAL IMPACTS: The City's current operational costs are limited to providing insurance coverage. This coverage is commingled with all other city facilities and grounds, and is not easily separated. The new lease agreement, as proposed, would cost the City $66,000 for the first two years for the gardener's salary. This would be reduced so that after seven years it would no longer be a cost to the City. The capital costs are primarily limited to pest control repair, and the road and parking lot repair, estimated at $750,000 for the current fiscal year. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The current operating agreement would continue until June 30, 2004, and the Foundation would be limited in their fundraising activities. ALTERNATIVE ACTION(S): The Council could keep the operating agreement, but amend it to include some of the issues requested by the Foundation. FOLLOW UP ACTION(S): ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice the Request for Proposals. ATTACHMENTS: Attachment #1 - MANAGEMENT AND OPERATIONS AGREEMENT by and between THE CITY OF SARATOGA and THE HAKONE FOUNDATION Attachment #2 - LEASE BETWEEN THE CITY OF SARATOGA AND THE HAKONE FOUNDATION Attachment #3 - Interoffice Memorandum — Date: April 26, 2000 Regarding Insurance on Hakone Attachment #4 - 2000 — 2001 Hakone Budget • • • • • • MANAGEMENT AND OPERATIONS AGREEMENT by and between THE CITY OF SARATOGA and THE HAKONE FOUNDATION This Agreement, dated July 1, 1997, by and between the CITY OF SARATOGA, a municipal corporation herein after referred to as the CITY, and the HAKONE FOUNDATION as the Manager and Operator hereinafter referred to as the. FOUNDATION. The FOUNDATION is a non-profit Foundation formed under a Trust Agreement dated December 19, 1984, ("Trust Agreement") and this Agreement is made with reference to the following facts: A. CITY is the owner of the property and all improvements thereon located in the City of Saratoga, County of Santa Clara, State of California, commonly known as Hakone Gardens, and hereinafter referred to as the PROPERTY. B. The PROPERTY has been dedicated by the CITY for use as a public park and is developed as a distinctive authentic Japanese Garden and Cultural Center. C. The FOUNDATION has been organized exclusively for charitable and educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code and in accordance with "Trust Agreement" dated December 19, 1984. D. The FOUNDATION and the CITY hereby desire to enter into a Management/Operations Agreement for the purpose of the FOUNDATION managing and operating the PROPERTY and its improvements, under authorization from the CITY. This Management/Operations Agreement hereby supersedes and shall take the place of the Management/Operations Agreement dated April 20, 1994, and all amendments thereto, which agreements and amendments shall be of no further force or effect. 1 Attachment #1 d) The FOUNDATION shall establish and enforce rules, regulations and policies concerning the use of the PROPERTY by members of the general public and private parties, and shall establish the schedule of charges for every use on the PROPERTY. The FOUNDATION shall continuously and uninterruptedly keep the PROPERTY open for the use and enjoyment of the general public during regular hours of operation as established by the FOUNDATION. The FOUNDATION acknowledges that it is the intention and desire of the CITY for the PROPERTY to be open and available to the general public pursuant to policies developed by the FOUNDATION and approved by the CITY. The FOUNDATION shall submit to the CITY the schedule of rules, regulations, policies, and fees for approval by the CITY. e) The FOUNDATION is authorized to collect and retain all moneys generated through Gift Shop sales, parking fees, rental charges, membership dues, and fund raising activities. These funds shall be used exclusively to pay the FOUNDATION'S obligations in the management, operation, and maintenance of the PROPERTY and cultural and educational programs conducted on the PROPERTY. In addition, the FOUNDATION may use any other funds received for the development, construction, or reconstruction of buildings or other improvements on the PROPERTY subject to paragraph 3(g) of this Agreement and may describe to prospective donors that funds donated may be used to improve the PROPERTY for the benefit of the general public, and for charitable or educational purposes in accordance with the Trust Agreement. The FOUNDATION shall retain a CPA to prepare a compilation report annually to the City, within 120 days of the close of the fiscal year, on the operations and financial position of the FOUNDATION. f) The FOUNDATION shall at its sole expense accept the responsibility of hiring and supervising staff to manage, operate and maintain the PROPERTY. • • • • principal and interest on loans outstanding to the CITY in the amount of $277,660.85, as of June 30, 1997 as set forth in that loan agreement dated December 5, 1990 as amended on October 21, 1992 and on April 20, 1994, all of which are attached hereto as Exhibit B and incorporated herein. k) The FOUNDATION shall pay all charges for gas, electric, water, sewer, garbage disposal, and supply the required paper goods and services for all rest rooms and buildings in the PROPERTY. 1) The FOUNDATION shall be responsible for repairs and maintenance of the PROPERTY, including: (1) all buildings, structures and improvements; (2) all lighting of the PROPERTY for safety and enhancement purposes; (3) sidewalks, pathways, foot bridges, benches and fences, koi pond and related mechanical equipment; (4) landscaping including irrigation facilities, pruning, fertilizing and replacement of plants and material when necessary. 4. Obligations and Rights of CITY: a) The CITY at its sole cost "shall at all times maintain and keep in full force and effect a policy of fire and extended coverage insurance on all buildings and other insurable improvements in the PROPERTY which is owned by the CITY. The CITY shall not be responsible for the insurance of any of the FOUNDATION'S personal property including, but not limited to, display pieces, fixtures and equipment. b) The CITY shall be responsible for repairs and maintenance on the following -portions of the PROPERTY, only : demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by the CITY in connection with the CITY'S performance of its obligations, including but not limited to maintenance and repair work, under this Management/Operations Agreement. g) The FOUNDATION agrees to indemnify and hold the CITY and its officers, officials, boards, commissions or committees free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent acts or omissions by the FOUNDATION in connection with the FOUNDATION'S performance of its obligations, including but not limited to maintenance and repair work, under this Management/Operations Agreement. h) The CITY shall provide the FOUNDATION, at no cost or expense to the FOUNDATION, as an Additional Covered Party under the Memorandum of Coverage (Liability) ("Memorandum") between the Association of Bay Area Governments (ABAG) and the City of Saratoga (City), for liability insurance as it is afforded to the CITY under the ABAG PLAN. "Additional Covered Party" is defined in the Memorandum as "any person, organization, ,trust or estate to whom or to which the (City) is obligated by virtue of a written contract to provide coverage such as is afforded by this Memorandum, but only with respect to the operations performed by or on behalf of the (City) of facilities owned or used by the (City)." S. Termination: Cancellation: This Management/Operations Agreement shall automatically terminate upon any termination of the Trust Agreement pursuant to which the FOUNDATION was created. If not sooner terminated as provided herein or as provided in paragraph 6 of this Agreement, the Agreement shall remain in force for a term of seven (7) years, July 1, 1997, as set forth in paragraph 2 of this Agreement, unless canceled by either party upon written notice to the other party received at least one hundred and twenty (120) days prior to the anniversary date. 6. Default: Should the FOUNDATION default in its obligations under this Agreement and fail to correct such default within thirty (30) days written notice from CITY, CITY shall have the right to immediately terminate this Agreement. 7 • • • • • under the Bankruptcy Act in which FOUNDATION is the bankrupt. B. If a writ of attachment or execution is levied on this Agreement. C. If, in any proceeding or action to which FOUNDATION is a party, a receiver is appointed with authority to take possession of the premises. An involuntary assignment shall constitute a default by FOUNDATION and CITY shall have the right to elect to terminate this Agreement in which case this Agreement shall not be treated as an asset of FOUNDATION. 12. Hazardous Substances: No goods, merchandise or materials which are in any way explosive or hazardous shall be kept, stored or sold in or upon said premises; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon; and no machinery or apparatus which will in any way injure said premises or adjacent buildings or gardens shall be used or operated on said premises. 13. Surrender of Premises: FOUNDATION covenants and agrees that at the expiration of this Agreement, or upon its earlier termination, it will quit and surrender said premises with all the improvements thereon in as good state and condition as the same were when possession thereof was given to FOUNDATION, reasonable wear and tear excepted, and FOUNDATION agrees, unless otherwise permitted in writing by CITY, to remove all personal property belonging to FOUNDATION. Upon such termination, CITY shall have the right to enter upon and take possession of all of the said premises. 14. Inspection of Premises: CITY or its duly authorized representatives or agents may enter upon said premises at any and all reasonable times and upon giving reasonable notice during the term of this Agreement for the purpose of determining whether or not FOUNDATION is complying with the terms and conditions hereof or for any other purpose incidental to rights of CITY. 15. Notices: Any notice permitted or required to be served upon FOUNDATION shall be served upon it at Post Office Box 2324, Saratoga, ,ORROWER:HAKONE FOUNDATION LENDER: CITY OF SARATOGA LOAN AMOUNT: INTEREST RATE: MONTHLY PAYMENT: Di;rL .J J _ - +:3 cict Nov-93 Jan-;4 (;pr--94 May-94 Jury--y4 Auc.-94 Oct-94- Nov.'-94 Dor--y4 Jan-95 Feb-95 M a r- 9 5 Apr-95 Mar-95 Jui-95 Aug-95 pep-95 Oct-95 Nov-95 Dec-95 Jan-96 Feb-96 'tar-96 • ipr-96 _May-96 Jun-96 3 Ju1-96 373,750.00 6.50: 4,243.86 AMOUNT O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 4,243.56 4,243.86 4,243.86 4.243.86 4,243.86. 4,243.86 4,243.86 4 ,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4.243.86 4,243.86 4,243.86 4,243,86 4,243.86 4,243.86 4.243.86 4,243.86 4 ,_243.86- 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 PAYMENTS INTEREST O .00 0.00 0.00 0.00 O .00 0.00 O .00 O .00 O .00 2,024.48 2,012.46 2.000.37 1,988.22 1,976..00 1,963.72 - .1,;951.37 1,938.95 1,926.46 1,913.91 1,901.29 1,888.60 1,875.84 1,863.02 1,850.12 1,837.15 1,824.12 1,811.01 1,797.83 1,784.58 1,771.26 - 1,744.40. 1,730.86 1,717.25. 1,703.57 1 ,689.81: 1,675.97 tthibit A BORROWER'S YEAR-END: MONTH 6 TERM OF LOAN: YEARS 10 MONTHS 0 PAYMENTS START: YEAR MONTH PRINCIPAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O .00 O .00 2,219.38 2,231.40 2 ,243.49. ENDING BALANCE O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 373,750.00 371,530.62 369,299.22 367,055.73 94 4 YTD INTEREST O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 O .00 2,024.48 4,036.94 6,03i .31 2,255.64 364,800.09 1,'488.22 2,267.86 362,532.23 3,964.22 ▪ 2,280.141 360,252.09 5,927.94 2,292.49: '152,9594a0 _ 7,879.31 2,304.91. 4355,654.69 9,818.26 2 , 317 .40•., ' 253 , 337 .29 11,744.72 2,329.951 351,007.34 13,658.63 2,342.57.e 348,664.77 15,559.92 2,355.26 '546,309.51 17,448.52 2,368.02' 343,941.49 19,324.3o 2 , 380 .84 L , `T341 , 560 .65 21,187.38 2 , 393 .74 339 ,166 .91 23,037.50 2,406.71336,760.20 2,419.74. - 334,340.46 2 , 432 .85,, • 331,907 :61 2,446.03 ' . 329,461.58 2,459.28 . 327,002.30 ' 2,472.60i .324 , 529 .70 • 2 • , 485.99.:. '322 , 043 , 71 '%2,499.46. ;.-319,544.25 2,513.00$ 317,031.25 ; "'_ . 526 .61;' : 314,504.64 2,540.29S' 311 ,964 .35 2,554.05/ 309,410.30 1,837.15 3,661.27 5,472.28 7,270.11 9,054.69 10,825.95 12,583.82 14 ,328 .22 16,059.08 17,776.33 19,479.90 21,169.71 2,567.89 • 306,842.41 1,675.97 • • DATE Oct-2000 k..'-2000 Dec-2000 Jan-2001 Feb-2001 Mar-2001 A,%r -2001 Jun-2001 ,_ __`001 Aug-2001 cp.-.2001 u•�r -200� ,:li -._002 Feb-2002 f2002 (-Jr;-2003 Jun-2003 10 _'_-200i - 200_ D t:-2003 : -2004 • _-2004 • - 2004 2004 i ,Li -2004 un-2004 • AMOUNT 4.243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4.243.86 4,243.86 4,243.86 4,243.86 4,243.86 4.243.66 4,243.86 4,243.66 4.242.86 4.243.86 4.243.86 4,242.86 .243 .6 4,243.86 ,343.6 •, . �� _ . CEO 4,243.86 4,_:43.86 4,243.86 4.242.86 4,243.86 4.243.86 4,243.86 4,242.86 4,243.86 4,243.8E 4,243.86 4,243.86 4,243.86 4,243.86 4,243.86 4,243.17 O .00 O .00 O .00 PAYMENTS INTEREST 861.45 843.13 824.71 806.19 787.57 768.85 750.02 731.10 712.07 692.94 673 .71 654.37 634 .93 615.38 595.72 575.96 556.09 536.12 516.04 495.84 475.54 455.13 434 .61 413.97 �72.3i 351.40 330.32 309.12 287.80 266.38 244.83 223.17 201 .39 179.49 157.48 135.34 113.09 90.71 68.22 45.60 22.86 0.00 O .00 O .00 PRINCIPAL 3,382.41 3,400.73 3,419.15 3,437.67 3,456.29 3,475.01 3,493.84 3,512.76 3,531.79 3,550.92 3,570.15 3,589.49 3,608.93 3,628.48 3.648.14 3,667.90 3,687.77 3,707.74 3,727.82 3,748.02 3,768.32 3,788.73 2.809.25 2,329.89 ,650.63 ,671 4.9 3.892.46 3,913.54 3,934.74 3,956.06 3,977.48 3,999.03 4,020.69 4,042.47 4,064.37 4,086.38 4,108.52 4,130.77 4,153.15 4,175.64 4,198.26 4,220.31 O .00 O .00 O .00 ENDING BALANCE 155,654.78 152,254.05 148,834.90 145,397.23 141,940.94 138,465.93 134,972.09 131,459.33 127,927.54 124,376.62 120,806.47 117,216.98 113,608.05 109,979.57 106,231.43 102,663.53 98,975.76 95,268.02 91,540.20 87,792.18 84,023.86 80.22.5.13 76.425.88 72,595.99 60,981.41 57,067.87 53,133.13 49,1 7.07 45.199.59 41 .200.56 37,179.87 23,137.40 29.073.03 24,986.65 20,676.13 16,747.36 12,594.21 8,418.57 4,220.31 O .00 O .00 O .00 O .00 ,.TD INTER55T 3.554.7; 4.297.68 6.028.78 6,816.3`_5 7.555.20 8,33E.22 9.775.7 1.36v.t:)5 2.021.02 4. 43.0i 6 .l _ ._ . 7.022.c,14 4� 1: ,4,20.71 L .7E1.03 3,060.1_ 3,614.3_ ,• 35 .1r 4,08.2.33 201.29 380 . r 672.70 786 .79 877 .50 945.72 991 .32 1,014.18 1,014.18 1,014.18 1,014.18 Exhibit B LOAN AGREEMENT THIS AGREEMENT, dated December 5 , 1990, by and between THE CITY OF SARATOGA, a municipal corporation ("City"), and THE HAKONE FOUNDATION, a non-profit trust ("the Foundation"), is made with reference to the following facts: A. The Foundation has requested a loan from City in the amount of $400,000 to pay construction costs and expenses required for completion of the Cultural Exhange Center at Hakone Gardens. B. City has made an initial loan advance to the Foundation in the amount of $100,000, in accordance with the terms of that certain Loan Agreement between City and the Foundation dated November 26, 1990. C. City has agreed to lend the remaining sum of $300,000 requested by the Foundation, on the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties agree as follows: 1. Prior to making the first disbursement of loan proceeds hereunder, the Foundation shall deliver to City each of the items listed below and the same shall have been approved by City as to form and content: (a) Plans and specifications for the entire Cultural Exchange Center and related improvements ("the Project") showing all additions, deletions, substitutions, or other changes therein, whether constructed or proposed. (b) An estimate of the cost to complete the Project prepared by the design or supervising architect, the general contractor, or other qualified person acceptable to City, showing a detailed breakdown of estimated costs for each trade or category of work as specified or approved by City. (c) Contracts, purchase orders, proposals, or other documents establishing, to the satisfaction of City, that all necessary labor and materials to complete the Project can be furnished at a total cost not exceeding .the estimate referred to in Paragraph (b) above. 2. Disbursements of the construction loan will be made by City from time to time, based upon written Requests For Payment submitted by the Foundation containing the following information: (a) All costs, expenses and liabilities which the Foundation intends to pay with the requested loan proceeds, including the name and address of each creditor or other person to whom payment is owed, a description of the service or material for which payment is being made, the amount of each cost, expense or liability to be paid, and such other information as may be requested by the City Manager concerning the proposed payment. • • • Rev. 12/3/90 -1- • First, toward payment of monthly interest owed to City under Paragraph 4 above, as and when the same becomes due and payable. Second, toward deposit into a separate construction account until a total sum of $ 100,000.00 has been deposited. Disbursement from such account shall be made from time to time for payment of construction costs relating to the Cultural Exchange Center, upon written approval of each such disbursement by City. Upon completion of construction, any remaining funds in the account shall be delivered to City as a partial prepayment of the principal balance of the loan. Third, toward partial prepayment of the principal balance of the indebtedness owed by the Foundation to City. The Foundation shall furnish a monthly statement to City, on or before the 5th day of each calendar month, listing the name of each donor and the amount of each cash gift or donation received by the Foundation during the preceding month. Such statement shall be accompanied by a cash remittance for such amount as may then be payable to City for interest and principal, in accordance with the allocation set forth above. As used herein, the term "cash gifts and donations" does not include charges paid to the Foundation for rental of any facilities at Hakone Gardens or amounts paid as fees or contributions for membership in the Foundation; provided, however, nothing herein shall prevent the Foundation from utilizing such rental charges and membership contributions for payment of any indebtedness owed to City. 6. As security for repayment of all indebtedness owed by the Foundation to City hereunder, the Foundation hereby assigns to City all of its right, title and interest in and to all rental charges, membership fees or contributions, gifts, donations, and any other source of income or revenue received by the Foundation. Such income and revenue may continue to be collected and expended by the Foundation, subject to the provisions of Paragraph 5 hereof, unless and until a written demand is made by the City Council for the income and revenue to be paid to City for application to the indebtedness, based upon a determination by the City Council that: (a) The Foundation has defaulted in the performance of any of its duties or obligations hereunder; or (b) The undisbursed balance of the loan will not be sufficient to pay all costs to complete construction of the Project; or (c) The amount collected and reasonably anticipated to be contributed as cash gifts and donations during the current calendar year will not be sufficient, in itself, to repay a proportionate amount of the principal balance that would be necessary to pay during such calendar year in order to fully amortize the outstanding principal balance of the loan by the maturity date of December 1, 1995. 7. All work on the Cultural Exchange Center shall be performed strictly in accordance with the plans and specifications for the project and no changes, additions, or modifications thereto shall be made by the Foundation without the prior written consent of City. Rev. 12/3/90 -3- AMENDMENT TO LOAN AGREEMENT THIS AMENDMENT TO LOAN AGREEMENT, dated October 21 1992, by and between THE CITY OF SARATOGA, a municipal corporation ("City"), and THE HAKONE FOUNDATION,, a non-profit trust ("the Foundation"), is made with reference to the following facts: A. The Foundation and City entered into loan agreements dated November 26, 1990, and December 5, 1990. B. Said loan agreements specified an interest rate payment of eight and one-half percent (8-1/2%) per annum. C. Declining interest rates make it appropriate that the interest rate charged for the loans be a variable rate based upon a nationally recognized index. NOW, THEREFORE, the parties agree as follows: 1. Commencing October 1, 1992, the interest rate charged by the City on the outstanding principal balance shall be the Prime Rate plus one-half percent (1/2%) as published in the first Monday of the month edition of the Wall Street Journal. Interest payments will be due monthly through December 1, 1995, when the entire outstanding principal balance shall be due and payable. The interest rate shall be recalculated each six months based upon the same method of calculation stated above. 2. This Amendment shall be cancellable upon thirty (30) days written notice from the City to the Foundation. At such time the interest rate charged shall revert to the rate under the original agreements. IN WITNESS WHEREOF, the parties have executed this Amendment to Loan Agreement the day and year first above written. THE CITY --OF SARATOGA By Karen Anderson, Mayor TH- HAKONE OUNDATI By Donald B. Miller, esident • C7�s SECOND AMENDMENT TO LOAN AGREEMENT TESS SECOND AMENDMENT TO LOAN AGREEMENT, dated April 20, 1994, by and between the CITY OF SARATOGA, a municipal corporation (the "City"), and the BARONE FOUNDATION, a non-profit trust (the "Foundation"), is made with reference to the following facts: A. The Foundation and City entered into loan agreements dated November 26, 1990, and December 5, 1990. B. Said loan agreements specified an interest rate payment of eight and one-half percent (8-1/2%) per annum. C. By amendment dated October 21, 1992, the loan agreements were modified to specify that the interest rate charged for the loans be a variable rate based upon a nationally recognized index. D. The Foundation and the City now agree to further amend the loan agreements to reflect new arrangements between the City and the Foundation to Manage and Operate that publicly -owned facility known as Hakone Gardens. NOW, THEREFORE, the parties agree as follows: 1. The Foundation currently owes the City $376,250 from all outstanding loans and notes. 2. Commencing May 1, 1994, the interest rate charged on the outstanding principal balance shall be six and one-half percent (6-1/2%). 3. The principal and interest shall be repaid monthly over a period of ten (10) years, commencing May 1, 1994. 4. Monthly payments shall be $4,272.25 and be due and payable as set forth in the Lease Agreement dated April 20, 1994, between the City and the Foundation. 5. The Foundation shall have the right to prepay any part of the outstanding loan principal without penalty. Upon such occurrence, the monthly payment shall be recalculated by the City for the remainder of the repayment period. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Loan Agreement the day and year first above written. THE CITY OF SARATOGA Karen Tytker, Mayor THE HAKONE FOUNDATION By Gladys, strong, Pres ent March 23, 2000 William Norton City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Norton: On behalf of the Hakone Foundation, I am pleased to enclose a draft lease agreement between the City of Saratoga and the Hakone Foundation. This document was drafted in response to a request from the previous city manager, following discussions regarding the need to provide a more secure environment for the operation of the gardens and the pursuit of its associated fundraising activities. The document that is attached is the product of considerable thought and deliberation, which followed extensive research and review of operating relationships at similar facilities. We hope you find it a sound basis for the future relationship between the city and the foundation. Please feel free to call me at my office with any questions. My telephone number is 408.298.8000, extension 202. Also, we would appreciate confirmation of the receipt of this email, and also whether you are able to open the file. We will be happy to provide in other formats if necessary. I look forward to dicussing this with you further. Sincerely, THE HAKONE FOUNDATION By: Dan Pulcrano Chairman, Board of Trustees cc: Mayor Bogosian Richard Taylor, Esq. Attachment #2 • • TABLE OF CONTENTS Page l. Recitals 2 2. Premises 3 3. Term 3 4. Consideration 4 5. Use 5 6. Termination of Master Lease before Termination of Lease 5 7. Utilities and Services 5 8. Deferred Maintenance, Maintenance and Repairs 5 9. Alterations 7 10. Taxes 8 11. Insurance; Indemnity 9 12. Damage or Destruction 10 13. Caretaker's Cottage 10 14. Access 11 15. Default; Remedies 11 16. Waivers 13 17. Assignment and Subletting 13 18. Condemnation 13 19. Real Property Title Matters 14 20. Landlord's Liability 14 21. Dispute Resolution 15 22. Notices 15 23. Head Gardner 15 24. Miscellaneous Matters 16 Signatures 17 LEASE BETWEEN THE CITY OF SARATOGA AND THE HAKONE FOUNDATION This Lease, effective as of July 1, 2000, is made by and between the City of Saratoga, a Municipal Corporation (hereinafter "Landlord"), located in the County of Santa Clara, State of California and the Hakone Foundation, a not for profit corporation organized under the laws of the State of California (hereafter "Tenant"), located at 21000 Big Basin Way, Saratoga, California, who agree as follows: 1. Recitals. WHEREAS, Landlord is the owner of certain real property located in the City of Saratoga, consisting of 17 acres more particularly described in Exhibit A attached hereto, on which are located, among other improvements, three large Japanese style buildings, garages, storage sheds, one residence, other appurtenant structures and various garden elements, known as "Hakone Japanese Gardens" (hereafter "the Gardens", or "the Real Property"); and WHEREAS, the Gardens are currently operated by. Tenant for Landlord under that certain Management and Operations Agreement dated July 1, 1997; and WHEREAS, Landlord and Tenant wish to terminate the Management and Operations Agreement and replace it with this Lease; and WHEREAS, Landlord and Tenant desire and intend that the 2 • • • • • • Gardens be used, preserved, maintained, developed, administered, and operated by Tenant as an authentic Japanese Garden for the benefit, enjoyment and inspiration of the general public; and, WHEREAS, in order for Tenant to utilize and develop the Gardens to their full potential as a leading international horticultural, artistic and cultural center serving the region it is necessary and advisable to redefine the relationship between Landlord and Tenant with respect to various rights and duties toward each other and the Gardens; NOW, THEREFORE, for in and in consideration of their mutual covenants, agreements and undertakings hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: 2. Premises. Landlord leases to Tenant and Tenant leases from Landlord for the term, at the rental, and upon all of the conditions set forth herein, the Real Property. The Real Property, including the land and all improvements located thereon as of the date of commencement of this Lease, is herein also called "the Premises". Tenant is presently the owner of all furniture, fixtures and equipment used in the operation of the Premises and all other tangible personal property and facilities located on the Premises. Landlord makes no representations whatever about the quantity nor condition of such furniture, fixtures and equipment which may be located on the Premises and makes no claim to them. 3. Term 3.1 Term. The term of this Lease shall be for Sixty (60) years, commencing on July 1, 2000, ("Commencement Date"), and ending on July 1, 2060, ("Expiration Date"), unless sooner terminated or extended pursuant to this Lease. 3.2 Option. Upon the Expiration Date of this Lease, providing Tenant is not in default under any term or provision of this Lease, Tenant shall have the option to extend the term of this Lease for two additional fifteen (15) year terms on the same terms and conditions set forth in this lease, except for terms and conditions of this Lease which shall be of no effect due to their prior expiration or discharge. ii) Tenant shall notify Landlord, in writing, of its intention to exercise the first option no later than 180 days before the Expiration Date of this lease, and the second option no later than 180 days before the end of the first option period. 3 3.3 Waiver of Redemption; Holding Over. Tenant hereby waives for Tenant and for all those claiming under Tenant, all right now or hereafter existing to redeem by order or judgment of any court or by any legal or equitable process or writ, Tenant's right to occupancy of the Premises after any expiration or termination of this Lease. If Tenant holds over after the expiration or termination hereof, with the express or implied consent of the Landlord, such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of Tenant. 3.4 Surrender of Premises. On expiration or within ten (10) days after termination of the Lease, Tenant shall surrender to Landlord the Premises and all Tenant's improvements and alterations in good and serviceable condition, clean and free of debris, except for ordinary wear and tear, destruction and damage to the Premises as specified in Section 11 that Tenant is not obligated to repair. Tenant shall remove all of its personal property upon expiration or within ten (10) days after termination of the Lease, and shall repair any damage to the Premises caused by such removal. If Tenant does not remove its personal property within such time Landlord may consider such property abandoned and may retain or dispose of it in any manner that Landlord deems proper at no liability to Landlord. 4. Consideration. In consideration for the lease of the Premises to Tenant by Landlord, Tenant agrees to pay Landlord as follows: 4.1 The sum of One Dollar ($1.00) upon execution of this Lease. • • 4.2 The sum of One Dollar ($1.00) per year during the term of this lease 4.3 The sum of Five Thousand Dollars ($5,000.00) per year during the first 25 years of this lease, said sum to be paid specifically in consideration of Landlord's obligation under sub- paragraph 13 below. 4.4 The payments referred to in sub -paragraphs 4.2 and 4.3 shall be made in advance on or before the first day of January of each year during the term of this Lease beginning on January 1, 2001 and every year thereafter during the term of this Lease. All such sums shall be paid by Tenant to Landlord at the address to which notices to Landlord are given. 4.4 In the event Tenant fails to make the payments referred to in sub -paragraphs 4.2 and 4.3 as set forth in sub- paragraph 4.4 Landlord shall notify Tenant in writing of such failure. In the event Tenant thereafter willfully fails to make such payment within 30 days of the date of such notice this lease • • • • shall terminate. 5. Purpose of Lease and use of Premises. 5.1 Purpose. The purpose of this Lease is to provide possession of the Gardens to Tenant so as to enable Tenant to operate and manage the Gardens for public visitation.and use and otherwise devote the Gardens to non-profit beneficial public, charitable and educational uses appropriate to and compatible with its character as an historical Japanese Garden and to enhance its position as a venue for the broadening and deepening of cross- cultural ties between the Japanese and American cultures. 5.2 Compliance With Laws. Tenant shall comply with all laws concerning the Premises and/or Tenant's use thereof. 5.3 Waste: Nuisance: Damage. Tenant shall not use the Premises in any way that will constitute waste, nuisance, or unreasonable annoyance to owners or occupants of adjacent properties. Tenant shall not do anything on the Premises that will cause damage to the Premises. 5.4. Tenant shall ensure that public access to the Gardens, at reasonable times and upon reasonable conditions, is maintained throughout the term of this Lease. Failure to do so shall be considered a material breach of this lease. 6. Termination by Landlord before Expiration of Term. In the event Tenant fails to cure the default of any material provision of this lease after receipt of notice by Landlord as to the nature and extent of such default, Landlord may terminate.this lease as set forth in paragraph 15 below. 7. Utilities and Services. Landlord shall pay for the following utilities and services to the Premises: gas, electricity, water, sewer and garbage. Tenant shall pay for all other utilities. 8. Deferred Maintenance, Maintenance and Repairs. 8.1 Condition of Premises. Prior to the execution of this lease there was substantial deferred maintenance to the premises for which Landlord was obligated but which was uncompleted at the time of execution of this lease. At the time of execution of this lease Landlord and Tenant believe that such deferred maintenance includes, but is not limited to, the following items: a) roofs of all structures except for caretaker cottage; b) various gates, fences, stairs, and other garden 5 and site structures; c) structural components of buildings and garden structures, including foundations; d) subterranean electrical and plumbing fixtures and equipment; e) any and all upgrades or retrofitting required by the Americans with Disabilities Act; f) any and all upgrades or retrofitting reauired by any building, electrical, plumbing or mechanical code affecting health and safety; g) any and all upgrades or retrofitting required by fire officials or to ensure seismic safety; h) any and all upgrades, retrofitting or repair to the existing water delivery system to ensure safe, efficient and reliable water service to the premises; i) removal of any trees on the premises which are diseased, dying or hazardous; j) installation of state of the art fire alarm systems connected to local fire department in all historic buildings; k) any other items discovered by the building inspector as set forth below. Tenant has agreed to undertake such deferred maintenance and Landlord agrees to pay for the cost of such maintenance as set forth below. 8.2 Building inspection._ Landlord agrees to retain and pay for the services of a licensed building inspection service, to be selected by. Tenant, which shall conduct an inspection of all of the buildings, garden structures, fixtures and equipment located on the premises. 8.3 Landlord's duty to pay for deferred maintenance. Landlord agrees to pay for the cost of repair, replacement, retrofitting or upgrading which is required or recommended by such inspection report, is required by any and all building codes or other laws or regulations, or otherwise included in sub -section 8.1 above. All work shall be done in a manner consistent with the architectural style of the premises and to be done by licensed contractors knowledgeable about and competent in Japanese architecture and garden structures. Any contractor selected by Tenant shall be approved by Landlord, which approval shall not be unreasonably withheld. Landlord may require of such contractor a bond or other security in an amount reasonably related to the contract price. 8.4 Obtaining of proposals. Tenant shall seek and obtain proposals from one or more licensed contractors for all or a 6 • • • • portion of the deferred maintenance and shall present such proposals to Landlord for approval, which approval shall not be unreasonably withheld. Upon approval of the proposal, Tenant shall enter into a contract for the work to be performed. Landlord shall pay directly to contractor all sums required under the contract, in accordance with the terms of the contract, including the cost of reasonable change orders which may be necessary in the event unforeseen conditions are discovered. Tenant, in conjunction with building officials of the City of Saratoga, shall be responsible for ensuring that all work done under the contract is performed properly. 8.5 Tenant's Obligations. Subject to the duties of Landlord set forth above and elsewhere in this lease, Tenant, at its sole cost and expense, shall, after Landlord has fully performed its obligations as set forth in sub -paragraph 8.3. above, repair, maintain, and keep the Premises and every part thereof in good condition. In addition, Tenant shall be responsible for ensuring that all landscaping and garden art of every kind is kept and maintained in accordance with the best practices for gardens of their kind. 8.6 Landlord's Obligations. In addition to Landlord's duties as set forth in sub-pararaphs 8.1, 8.2 and 8.3 Landlord shall, at its sole cost and expense, repair, maintain or replace the following: a) all roadways and driveways leading to the Premises and upon the Premises, including improvements to the driveway(s) and access roads to provide access to the Gardens' parking lot for tour buses. b) All parking lots on the Premises, including providing additional parking at the base of the driveway. c) All soil and sanitary pipes within the Premises and between the Premises and the municipal sewer system. d) All water mains and branches serving the Premises. e) All electrical service to and upon the Premises. f) All diseased, dying or hazardous trees located on the Premises. 8.7 Time of Performance. Landlord shall make every reasonable effort to perform the duties set forth in sub -paragraph 8.6 above within six months of the execution of this lease. Landlord shall further make every reasonable effort to perform the work described in sub -sub -paragraphs a) and b) during the off-season months from October through April. 7 9. Alterations. • 9.1 Consistency. Tenant shall make no alterations, improvements, or additions ("Alterations") to the Premises which are not consistent with its character as a public Japanese garden. 9.2 Landlord's consent. Tenant shall construct no new buildings or other significant garden structures without first obtaining the Landlord's prior written consent, which consent shall not be withheld if such new buildings or garden structures are within the scope of the Master Plan. Before granting such consent, Landlord may require Tenant to prepare and submit for Landlord's approval plans for such buildings or garden structures. Any such consent shall be deemed conditioned upon Tenant obtaining any required permits (however, any cost of such permit or application for such permit imposed by the City of Saratoga shall be waived) from appropriate governmental agencies, and upon Tenant's compliance with all conditions of such permits. 9.3 Master Plan. Landlord acknowledges that Tenant is intending to develop a master plan for the premises, which plan shall tentatively include the construction of a visitor and conference center, facility for the serving of tea and light snacks, gift shop, and other facilities on the premises. Tenant believes it is necessary to increase the revenue generating capability of the premises in order to fully utilize its value and usefulness as a cultural and artistic center, and to this end considers it imperative that it be more fully developed with buildings serving those ends. Tenant shall provide a copy to Landlord of the master plan for Hakone Gardens as soon as it is prepared and Landlord shall have the opportunity to review and approve such master plan prior to Tenant's undertaking any major capital improvements to the premises. 9.4 Ownership of Alterations at End of Tenancy. Any Alterations made hereunder shall be the property of Landlord, and remain on and be surrendered with the Premises upon expiration or termination of this Lease. 10. Taxes. 10.1 Payment of Real Property Taxes. Landlord shall pay all real property taxes levied and assessed against the Premises during the term of this Lease. 10.2 Definition of "Real Property Tax." As used herein, the term "real property tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, 8 • • • levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority having the direct or indirect power to tax, including any city, state or federal government, or.any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord in the Premises, as against Landlord's right to rent or other income therefrom, and as against Landlord's business of leasing the Premises. The term "real property tax" shall also include any tax, fee, levy, assessment or charge on rents, the square footage of the Premises, the act of entering into this Lease, or the occupancy of Tenant, any other tax, fee, or excise, however described, including, without limitation, a so-called value added tax, imposed as a direct substitution in whole or in part for, or in addition to, conventional real property taxes and assessments. 10.4 Payment of Personal Property Taxes. Landlord shall pay before delinquency all taxes, assessments, license fees, and other charges levied and assessed against any and all trade fixtures, furnishings, equipment, and all other personal property installed or located in or on the Premises. 11. Insurance; Indemnification. 11.1 Liability Insurance. Landlord shall procure and pay all premiums for and keep in force during the term of this Lease, with Tenant as an Additional Covered Party under the Memorandum of Coverage (Liability) (hereafter "Memorandum") between the Asociation of Bay Area Governments (ABAG) and the City of Saratoga for liability insurance as it is afforded to the Landlord under the ABAG plan. "Additional Covered Party" is defined in the Memorandum as "any person, organization, trust or estate to whom or to which the City is obligated by virtue of a written contract to provide coverage such as is afforded by this Memorandum, but only with respect to the operations performed by or on behalf of the City of facilities owned or used by the City". 11.2 Property Insurance --Premises. Landlord shall procure and pay all premiums for and keep in force during the term of this Lease a policy or policies of fire and extended coverage insurance on all buildings and other insurable improvements located on the Premises which are the property of the Landlord. Landlord shall have no duty to provide coverage for any of the Tenant's personal property, fixtures and equipment. 11.3 Property Insurance --Tenant's Property. Tenant, at its cost, may obtain and keep in force on Tenant's, fixtures, and equipment, in, on, or about the Premises, and its personal property in, on, or about the Premises, a policy of insurance providing protection against all perils included within the 9 classification of fire, extended coverage, vandalism, malicious mischief, etc. 11.4 Landlord shall procure and pay all premiums for and keep in force during the term of this Lease a policy of liability coverage for all trustees, officers and employees of Tenant similar to that provided to volunteers acting for or.on behalf of the Landlord as "covered individuals". 11.5 Waiver of Subrogation. Landlord and Tenant each hereby release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against under this Section 11, which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their agents, employees, contractors and/or invitees. Landlord and Tenant shall, upon obtaining the policies of insurance required hereunder, give notice to the insurers that this mutual waiver of subrogation is contained in this Lease and shall thereafter obtain evidence of the waiver by their respective insurance carriers of any right of subrogation against the other. 11.6 Indemnification. Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use of the Premises, or from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant in or about the Premises or elsewhere, except that Landlord shall indemnify and hold Tenant harmless from and against any and all claims arising from the acts or omissions of Landlord or its authorized representatives. Landlord shall hold Tenant harmless for all losses arising out of any such damage. 12. Damage or Destruction. 12.1 Damage --Insured Loss. If at any time during the term of this Lease there is damage which is an Insured Loss Landlord shall, from the proceeds of the insurance described in Section 11, repair such damage and, if such insurance especially provides therefor, Tenant's fixtures, equipment or alterations, as soon as reasonably possible and this Lease shall continue in full force and effect. 12.3 Tenant's Remedies. If Landlord shall be obligated to repair or restore any part of the Premises under the provisions of sub -section 12.1 and does not make a good faith attempt to commence such repair or restoration within sixty (60) days after receipt of the insurance proceeds, Tenant may thereafter at 10 • • • • Tenant's option terminate this Lease by giving Landlord written notice of Tenant's election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice 13. Caretaker's Cottage. There is located upon the Premises a small residential structure known as the "caretaker's cottage". This structure was recently renovated using funds from the Federal Government, Department of Housing and Urban Development ("HUD". Those funds were given on the condition that the cottage be used for low-income housing and Tenant takes the Premises subject to that condition. However, Tenant believes that that in order for it to properly manage and operate the Gardens it is necessary to convert the use of the cottage from residential to that of a visitor's center, gift shop and/or tea house and intends to do so as soon as possible. Landlord shall make any and all necessary arrangements with HUD or appropriate governmental agency to ensure that. Tenant may use the caretaker's cottage for any purpose whatever consistent with the uses permitted under this lease. Tenant shall have the right to use the caretaker's cottage for any purpose, and Landlord shall take all necessary steps to ensure that any tenant of the caretaker's cottage has vacated the cottage, no later than six months from the execution of this lease. 14. Access. 14.1 Tenant shall have full and unimpaired access to the Premises at all times. Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same. 14.2 Landlord shall have the further right to use the Premises and any part thereof for municipal activities conducted from time to time by the Landlord or any of its officers, officials, boards or commissions or committees. In the event the Landlord wishes to use part of the Premises for its exclusive use it shall provide to the Tenant not less than 30 days' written notice of its request to use such part of the premises and such intended use. Landlord agrees to attempt to arrange for such use at a time reasonably calculated not to interfere with other events scheduled for the Premises. Tenant agrees to make all reasonable effort to accommodate Landlord's intended use. There shall be no fee or other charge imposed by Tenant on Landlord for such event. However, Landlord shall provide any additional staffing and provide cleanup for the event such that no additional burden is placed upon Tenant as a result of the event. 15. Default; Remedies. 15.1 Tenant's Default. The occurrence of any of the 11 J following events shall be a material default and breach of this Lease by Tenant: 15.1.1 Failure of Tenant to pay rent or make any other payment required under this Lease, as and when due. 15..1.2 Abandonment by Tenant of the. Premises for a period of forty five (45) or more consecutive days. Tenant's failure to keep the Premises open and accessible to the public for such period shall be deemed abandonment and vacation; provided that Tenant shall not be required to conduct its business at the Premises while Tenant is prevented from so doing by reason of any damage, destruction or condemnation (whether such damage, destruction or condemnation is partial or complete) or by any other reason beyond Tenant's control. 15.1.3 Failure by Tenant to observe and perform any other provisions of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if such default cannot reasonably be cured within such thirty (30)-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently continue such cure to completion. 15.1.4 The making by Tenant of any general assignment for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged a debtor and have its affairs liquidated or reorganized under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises, or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days. 15.2 Landlord's. Remedies. In the event of any default by Tenant specified in section 15.1 and any of its'sub-parts, Landlord shall have the following remedies. These remedies are cumulative (in addition to any other remedies contained elsewhere in this Lease or now or later allowed by law), and: not exclusive. 15.2.1 Right to Possession Terminated. Landlord may terminate this Lease and Tenant's right to possession of the Premises at any time. No act by Landlord (including acceptance of keys) other than giving written notice to Tenant shall constitute termination of this Lease before expiration of the term hereof and 12 • • • • • • acceptance of surrender of the Premises. Upon termination, Tenant shall immediately surrender possession of the Premises to Landlord. 15.2.2 Waiver of Damages for Reentry and Storing Property. Tenant hereby waives all claims for damages that may be caused by Landlord's re-entering and taking possession of the Premises or removing and storing the property of Tenant, and will hold Landlord harmless from loss, costs, or damages occasioned thereby, and no such re-entry shall be considered or construed to be a forcible entry. 15.2.3 Cure of Tenant Default. At any time after Tenant commits a default under this Lease, Landlord may, but shall have no duty to, cure the default at Tenant's cost. If Landlord at any time, by reason of Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be deemed additional rent and be due immediately from Tenant to Landlord. Interest thereon shall accrue at the maximum rate allowed by law from the day such sum is paid by Landlord until the day such sum is paid by Tenant. 15.3 Default By Landlord: Remedies. Landlord shall be in default of this Lease if it does not perform any provision of this Lease that it is obligated to perform within thirty (30) days after written notice thereof has been given by Tenant to Landlord. If the nature of Landlord's obligation is such that more than thirty (30) days are required for. performance, Landlord shall not be in default of this Lease if Landlord commences performance within the thirty (30)-day period and diligently and in good faith continues the same to completion. Tenant, at any time after Landlord commits a default, may cure the default at Landlord's cost. If Tenant, by reason of Landlord's default, at any time pays any sum or does any act that requires the payment of any sum, the sum paid by Tenant shall be due immediately from Landlord to Tenant at the time the sum is paid, and if paid at a later date shall bear interest at the maximum rate allowed by law from the date the sum is paid by Tenant until Tenant is reimbursed by Landlord. 16. Waivers. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by the other party of the same or any other provision. 17. Assignment and Subletting. 17.1 Landlord's Consent Required. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in the Premises (the renting of rooms, 13 meeting facilities, or any other part of the Premises for the conduct of events, programs, or other activities in the ordinary course of the conduct of the Gardens are not to be considered an assignment or subletting under this Lease), without Landlord's prior written consent. For purposes of the preceding sentence, "by operation of law" shall include transfer by testacy or intestacy, bankruptcy, assignment for the benefit of creditors,. levy of a writ of attachment or execution against the Lease, or appointment of a receiver to take possession of the Premises. 18. Condemnation. As used in this Section, condemnation means the taking of the Premises, or a portion thereof, by the State of California under the power of eminent domain, or the sale of the Premises, or a portion thereof, under the threat of the exercise of such power. If, during the term of this Lease or during the time between its execution and Commencement Date, there is any taking of the Premises, or a portion thereof, by condemnation, the rights and duties of Landlord and Tenant shall be determined by this. Section. 18.1 Total Taking. If the Premises are totally taken by condemnation, this Lease shall terminate on the date the condemning authority takes title or possession, whichever occurs first. 18.2 Partial Taking. If any portion of the Premises is taken by condemnation this Lease shall remain in effect, provided that Tenant can elect to terminate this Lease if the remaining portion of the Premises is not reasonably suitable for Tenant's continued use. Tenant can exercise such right to terminate effective on the date the condemning authority takes title or possession, whichever occurs first, only by giving written notice to Landlord within fifteen (15) days after Landlord has given Tenant written notice of such taking (or, in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken title or possession, whichever occurs first). If Tenant does not so elect to terminate, this Lease shall continue in full force and effect, except that on the date on which the condemning authority takes title or possession, whichever occurs first, rent shall be reduced by an amount that is in the same ratio to minimum monthly rent as the fair market value of the portion of the Premises taken bears to the total value of the Premises immediately before the taking. If there is a partial taking of the Premises and this Lease is not terminated, Landlord shall repair any damage to the Premises caused by the condemnation, provided that in so doing Landlord shall not be required to spend more than the condemnation award received by it. 19. Real Property Title Matters 14 • • • • 19.1 Further Encumbrance. Neither Landlord nor Tenant may encumber the Premises. 20. Landlord's Liability. The term "Landlord" as used herein shall mean only the owner or owners at the time in question of the fee title of the Premises, and in the event of any transfer of such title or interest, Landlord herein named (and in case of any subsequent transfers the grantor) shall be relieved, from and after the date of such transfer, of all liability as to Landlord's obligations thereafter to be performed, provided that any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The obligations contained in this Lease to be performed by Landlord shall, subject as aforesaid, be binding on Landlord's successors and assigns, only during their respective periods of ownership. 21. Dispute Resolution. In the event a dispute should arise concerning the terms, conditions or performance of this agreement, or the rights of any persons under it, the parties, or the parties' heirs, beneficiaries or personal representatives, agree to meet and confer in good faith to attempt to resolve such dispute. If such meeting should fail to resolve the dispute then the parties, or the parties' heirs, beneficiaries or personal representatives, agree that any such dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Santa Clara County, State of California, and the decision of the arbitrator(s) shall be final and without the right to further appeal. The decision rendered by the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. At the discretion of the arbitrator(s), the prevailing party to such arbitration shall be entitled to reasonable attorney's fees in addition to any other award. 22. Notices. Any notice required or permitted to be given under this Lease must be in writing and may be given by personal delivery, certified mail, or Express Mail, Federal Express or other such express delivery service. Notices shall be deemed communicated immediately if personally delivered. Notices shall be deemed communicated within forty-eight (48) hours from the time of mailing if mailed by certified mail, and within twenty-four (24) hours if mailed by express delivery service, excluding Sundays and holidays. Any such notice shall be deemed sufficiently given if addressed to Landlord or Tenant at the address specified below the signature of the respective party, as the case may be. Either party may specify a different address for notice purposes, or specify that a copy of any notice given to such party be concurrently given to another person, by giving appropriate 15 notice to the other party. Landlord: City of Saratoga City Hall 13777 Fruitvale Avenue Saratoga, CA 95010 Tenant: Hakone Foundation 21000 Big Basin Way Saratoga, CA 95010 23. Head Gardener. Landlord shall pay for the services of one full-time, master Japanese garden specialist, whose duties shall be exclusively devoted to maintaining the Gardens. The level of compensation to be paid, and benefits tobe offered, such person shall be consistent with similar positions at public gardens in the greater bay area and shall in no event be less than that offered to employees of Landlord in similar positions of responsibility and expertise. Tenant shall have sole discretion in locating, hiring and supervising such master Japanese garden specialist. 24. Miscellaneous Matters. 24.1 Hazardous substances. No goods, merchandise or materials which are in any way explosive or hazardous shall be kept, stored or sold in or upon the Premises and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and no machinery or apparatus which will in any way injure the Premises or adjacent buildings or gardens shall be used or operated on such Premises. • • 24.2 Whenever consent or approval of either party is required, unless otherwise stated above, such consent or approval shall not be unreasonably withheld. 24.3 This Lease shall be binding on and inure to the benefit of the parties and their successors, except as provided in section entitled "Assignment and Subletting." 24.4 All exhibits referred to are attached to this Lease and incorporated by reference. 24.5 This Lease shall be construed and interpreted in accordance with the laws of the State of California. 24.6 The definitions contained in this Lease shall be used to interpret this Lease. 16 • 24.7 The captions and the table of contents of this Lease shall have no effect on its interpretation. 24.8 When required by the context of this Lease, the singular shall include the plural. 24.9 "Party" shall mean Landlord or Tenant, and if more than one person or entity is Landlord or Tenant, the obligations imposed on that party shall be joint and several. 24.10 The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal. 24.11 Tenant shall maintain in good standing its tax exempt status in accordance with the meaning of Section 501 (C)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code. 24.12 For each year of the lease, Tenant shall prepare and submit to Landlord an annual report within 90 days following the close of Tenant's fiscal year. The annual report shall include attendance, prog-rams, rental, and financial data, material alterations and improvements, and other information reasonably requested by Landlord. Tenant shall keep its books and records in accordance with generally accepted accounting principles. Date: LANDLORD City of Saratoga by: Date: TENANT Hakone Foundation By: CITY OF SARATOGA Administrative Services Department Interoffice Memorandum To: Bill Norton, Interim City Manager From: Mary Jo Walker, Administrative Services Director Date: April 26, 2000 Re: Insurance on Hakone I spoke with ABAG's new Risk Manager, Marcus Beverly, ((510) . 464-7900) regarding property and liability insurance on the Hakone gardens and buildings should the City decide to lease the facility to the Hakone Foundation. Property Insurance — Marcus said this is negotiable in the lease contract. However, since this is a fairly low -exposure area, he would suggest that we continue to leave the property insurance provisions as they are now. In other words, that we leave the Hakone property on the City's property insurance policy, and the property would be covered by ABAG. General Liability insurance — Again, this is negotiable in the lease contract with the Hakone Foundation. Marcus Beverly suggests that we require the Foundation, in the lease agreement, to have its own insurance as the primary insurance, and that the City's ABAG insurance be secondary only. The Foundation's liability insurance policy should name the City as an additional insured, should contain the standard indemnity/hold harmless clause, and should provide proof of insurance annually to the City. • Attachment #3 HAKONE FOUNDATION 1999-2000 BUDGET REPORT - SHORT FORM July 2000 through June 2001 05/22/00 TOTAL Jul '00 - Jun Income CLASSES 10,200 COTTAGE 0 DOCENT FEES 700 DONATIONS 14,100 FUND RAISERS 244,060 GIFT SHOP 90,000 INTEREST 5,200 MEMBERSHIPS 33,100 PARKING FEES 90,000 RENTALS 135,620 Total Income 622,980 Expense ADMINISTRAT— 204,846 CLASS 4,775 CONTINGENCY 2,400 CONVERSIONS 65,000 DOCENT 100 FUND RAISING 49,000 GARDENING 96,240 GENERAL 13,500 GOT SHOPPE 28,840 HOSPITALITY S00 MAINTENANC... 10,000 MEMBERSHIP 400 MISC 1,200 NEWSLETTER 4,000 OFFICE 19,200 OUTSIDE SERV... 15,000 PARKING/PAT 31,000 PAYROLL EXP... 14,728 PUBLICITY 30,000 RENTAL 20,650 UTILITIES 11,600 Total Expense Net Income TOTAL Jul '00 - Jun 622,980 0 Attachment #4 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM \ MEETING DATE: August 2, 2000 CITY MANAGER: ORIGINATING DEPT: City Attorney PREPARED BY: Richard .Taylor',, SUBJECT: Legal Options to Limit Conversions of Commercial Retail Uses to Office Uses. RECOMMENDED ACTION: Provide direction to staff regarding preparation of General Plan or zoning ordinance amendments to regulate conversions of commercial retail uses to office uses. STAFF REPORT: The Council has requested information concerning the City's ability to adopt a retail to office conversion policy similar to that being considered by the City of Cupertino. (A copy of the Cupertino draft policy is attached.) A similar policy could be adopted by the City as part of a General Plan revision to designate an acceptable mix of retail, office and other uses in commercial areas and to establish a review process for approving projects that vary from that allocation. The City could also regulate retail to office conversions through other general plan or zoning ordinance amendments. I discuss each of these options in more detail below. I have discussed with the Cupertino City Attorney the draft policy for retail to office conversion being considered by that City. He indicated that the City's General Plan differs substantially from Saratoga's General Plan in that it identifies specific targets for retail and office uses in the City core. The policy under consideration would establish criteria for Cupertino to evaluate proposals tocreate office space in excess of the target established in the General Plan. The proposed criteria include a fiscal component that would require the applicant to demonstrate that the conversion will result in a net fiscal benefit over an equivalent amount of retail commercial square footage. (Other criteria include housing, traffic, urban design, project design, public amenities, and corporate citizenship.) The draft policy indicates that an applicant may satisfy this requirement by 1 proposing direct payments to the City or by demonstrating that the office will generate significant business -to -business and e-commerce sales activity. The policy would require applicant commitments to be secured by a development agreement. If the City wished to pursue a strategy similar to Cupertino's, the City would need to amend the General Plan to specify the maximum permitted types of commercial space in all or a part of the City. Because Cupertino's General Plan takes a fundamentally different approach to planning for commercial and office uses (as well as their relationship to housing demand in the City), modifying Saratoga's General Plan to adopt a similar strategy would require substantial revisions to the General Plan. Currently, the General Plan makes no distinction between retail and office uses. The City would therefore need to engage in a planning study to identify the appropriate mix of retail and office development and to determine whether the plan should set caps for the entire City or for particular commercial districts. The study would also need to determine whether this revised approach would require conforming amendments to other General Plan elements. If the General Plan was amended to conform to the approach used in the Cupertino General Plan, an applicant wishing to exceed the permitted cap for a particular type of use would be required to request an additional General Plan amendment. In evaluating that proposed amendment the City Council would consider the amendment's effects on the City including any incentives proposed by the applicant to offset the impacts associated with deviating from the use mix identified in the General Plan. Performance of any such incentives would be secured by a development agreement between the City and the applicant. Note that Cupertino's draft program applies only to office development proposals that exceed the General Plan's target for office uses in the City core. A prograrn based on the Cupertino draft in Saratoga would not require Council consideration of all office to retail conversions, only those that would exceed a cap established by the General Plan. The legal requirements affecting this strategy are no different than the legal requirements affecting any general plan amendment and development agreement. Because adoption of both general plan amendments and development agreements is a legislative act, the City has broad discretion subject only to the requirement that its actions may not be arbitrary or capricious. In addition, of course, the City must comply with the requirements of the Planning and Zoning Law and the Development Agreement statute. As an alternative to the approach described above, the City could consider amending the zoning ordinance to impose additional restrictions on office uses. 2 Currently, office uses are permitted by right in the C-N and C-V districts. Office uses are permitted by right in the Village's C-H district when located above street level or on the street level if separated from the street by a retail or service establishment; other office uses in the Village require a conditional use permit. The City could choose to extend policies similar to those in the Village to other areas of the City. Alternatively, the City could limit some districts to retail uses only or require a use permit for all office uses and specify the factors to be considered in considering such use permit applications. The Community Development Director believes that ordinance amendments such as these could help advance the objectives sought by the Cupertino policy with lower costs than the General Plan revisions that would be required to pursue the Cupertino policy in Saratoga. If the City's concern is primarily with the fiscal effects of converting commercial retail to office use, the City could propose an excise tax on office development for consideration by the voters. Please let me know if you would like additional information on any of these options. FISCAL IMPACTS: Costs associated with planning study and drafting General Plan and ordinance amendments. In addition, there would be costs associated with processing additional use permit applications and requests for general plan amendments; many of these costs would be offset by application fees. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Staff would not develop proposals for specific legislation. FOLLOW UP ACTIONS: Prepare additional information requested by City Council. ATTACHMENTS: Cupertino Retail to Office Conversion Policy P:\SARATOGA\MAT1\SR003 (Retail to Office Conversions).DOC 3 M Community Development Department mo To: Bill Norton, Interim City Manager Cc: Richard Taylority Attorney From: James Walgren,j( oihmunity Development Director Date: May 26, 206 Re: Cupertino Retail to.Office Conversion Policy Attached is the policy document the City of Cupertino's City Council has adopted to guide them in allocating shares of their commercial "pool" of square footage. Much of it is either already being regulated in Saratoga via other processes, or isn't necessarily applicable. The Fiscal paragraph is the section that may interest the City of Saratoga. It basically requires that if an office use displaces a retail use, the property owner or business operator be required to pay an annual sum to offset the difference in revenue the City would have received in retail tax. An important distinction between Cupertino's policy and what we would be trying to accomplish here is that their policy applies to new net building square footage. We would be pursuing requiring this type of payment when an existing building changes use. Lastly, if we were to pursue this type of impact fee, we would probably also want to amend our current zoning ordinance to make office uses a conditionally permitted use, subject to a discretionary Use Permit, in all of our commercial districts. City Council Policy Regarding Allocation of Commercial Space Background Several property owners are seeking an allocation of office space to expand or redevelop their sites. The city will consider allocating some of the commercial pool of square footage in exchange for extraordinary design and development amenities; and demonstration that the project will not have other adverse impacts, such as, significant traffic, housing or noise impacts. Criteria it The policy is flexible and enables the City Council to grant.�or„`ne element greater,weight or value for a particular_.,s.rte. The following criten-' fly u ��ed to ass the commercial development..glloeitibµn� ' 1, �' 1) Fisc The i i lic grit must d rr nstrate thewroi IIpo � a will resultiin a net fiscal benefit over an pp a equivalent -' mount of4 a it comme aJ_s - awe foota g e l For s`mai er allotments (less than 50,00 : $uare e e ), the plicant. n propos direct annual pay rents if the tenants� of ' office space d ; not era sale ;taxes. For larger pzrojects the applicant m s commit o loco ingorld r regional sales 1 off ce with significant i Ti I i i 9 business tol ' sinesslar a -co mere sal s iactivit . A develQ rent agreement . �, Y : p �,, g ment will be required t ensure that the sale' activity or direct payments w (I_.;be:=maintained over the life f he prie 1 i i : 2) Hlou sin `" 9 I i Cupertino s comrri tt, d to-. encouraging sufficient housing � i.�.---`- development to acca modate thew kor ers attracted to jobs in the community. The ABAG Regi nalsi"n g Needs Assessment emphasizes the need to ensure that housing production keeps pace with job generation. The applicant seeking an allotment of commercial square footage should assist local housing efforts so that the added employees generated from office uses will not exacerbate the jobs/housing imbalance. The project applicant can chose to underwrite the provision of the additional housing by contributing to a local non-profit housing development, paying an additional in -lieu fee into the Cupertino housing fund or incorporating housing into the development application. 3) Traffic New office development has the potential to generate more traffic than retail commercial space or could shift traffic from one area of the city to another. The applicant should demonstrate they can offset the generation of traffic through site improvements, direct payments to the City to fund an area -wide improvement or transportation demand management (TDM) techniques. City Council Policy Regarding Allocation of Commercial Space 4) Urban Design The applicant should demonstrate that the project furthers community objectives by incorporating high -quality design that promotes a consistent design theme or vision for a street or area. Gateway sites are expected to incorporate elements that announce entry into the City or the district, such as a nsive public plazas, architectural features to announce entry and city entrance 1' 5) Building and Site Design New office buildings that seek an allotment from th unused ommercipli base must incorporate..exer glary architecture, site. -Planning, a d landscap ng th6t significantly enhances the indMdual site.. an ets'"6^ exampled{ . �...:1.�:___ _t f ,.� Buildings . C • , // �l - I--.. .. .. .. �v��Yvv. uwlull II�A h uld be located ext-ter-'t 1, str eetsca 1 ;; , pr to pro�id� a visi�le interaction with the str et. The..,architec u should is thrporat high -quality natura materials such as rnarble, stone and ick. Win, ,` ws s, 0. Id be d' tailed to' matc theI chosen ardiitectur I tyle. Lan. Landscaping should co,, element thle orientation and: esi n bui ding� � g of the ad provi e creeni, froirir""`' jacent otherwise ncornpatib`le uses (e.g. parking to , nterstate 280, re idential/ ses° etc.). h'' applicnt should• d evaluate off- site lands a ing (e. . median ) that can enhance I community gate y or buffer irnpacts o a jacent u es. I j i j 6) Public A e' sies i ThI ro a ' p..,....... p p must ncorpora e si gnificant `ublicc .m ities that enhance the public Ig, P a view and tilization;'of the site . For' nstance,, public plazas, fountains, open space, public art, :edestri: ,onnectlons along the public right of way and through the site. Th; applicant couldpropose to solve other neighborhood deficiencies. For instance, a developerm propose to purchase square footage to be added to a neighborhood pa -.9rAti all sound walls to protect an adjacent area from noise. Additionally, the applicant shall demonstrate that the plan enhances bicycle and pedestrian circulation. 7) Corporate Citizenship Developments that use some of the commercial squarefootage allocation should be exemplary corporate citizens. Participation with local public agencies, non -profits, schools and service organizations helps foster a greater sense of corporate citizenship. Accordingly, the City expects that businesses will make their facilities available (i.e. propose public access to corporate meeting space, open space or other facilities, where practical). Companies must actively participate and interact with the Cupertino community including committing to work with the local school districts to enhance equipment, training and offering potential internship or other employment opportunities. CITY CUPEVINO Agenda No. SUMMARY Agenda Date: March 20, 2000 SUBJECT: Development criteria for converting commercial land use to office land use. BACKGROUND: On November 15, 1999, the City Council authorized the owners of the Santa Barbara Grill site to pursue a General Plan Amendment to change the use from commercial to office (see attached minutes and staff report dated November 15, 1999). The attachments to the staff report discuss the criteria contained in the Municipal Code for initiating a general plan amendment. On December 27, 1999, Bill Hagman filed an application for a general plan amendment and a use permit to demolish the existing 8,000 square foot Santa Barbara Grill Restaurant and construct a three-story 40,000 square foot office building. The City Council action on November 15, 1999, presumably anticipated an amendment of the General Plan to accommodate the transfer of allowable square footage. Several other property owners have approached the City about expanding their square footage beyond the limits permitted in the General Plan. DISCUSSION: The General Plan identifies allowable floor area ratios, some additional specific parcel allocations and land use "pool' allocations. These allocations are used to determine how much square footage of a particular land use is permitted on a site or within a designated area. Most of the allowable square footage in the General Plan is committed to a particular site (e.g. the Compaq property or Vallco Fashion Park), or a planning area (e.g. Stevens Creek Boulevard Specific Plan area). The only remaining land use pool with any sizable amount of uncommitted square footage is commercial. Development criteria for converting commercial land use to office land use.. a March 20, 2000 Page 2 The General Plan does not provide comprehensive criteria that would be used to consider a transfer :from the pool allocation, if such transfers are permitted. Staff prepared the attached memo dated March 10, 2000, that suggests seven criteria that should be used to evaluate density or square footage transfers in the core area of the community. Council Member Burnett prepared the attached memo, dated March 5, 2000, recommending that the City not permit transfers of square footage from commercial to office or industrial uses. RECOMMENDATION: There are two issues that need resolution: 1) Should any transfer of square footage be permitted from one area or land use category to another? 2) If land use transfers are allowed, then what are the criteria that the City would use to evaluate a transfer? Staff seeks City Council guidance on these issues so that we can advise prospective applicants for general plan amendments that require added square footage. The applicants for the Santa Barbara Grill application have been advised of this discussion and plan on attending. SUBMTTTED FOR APPROVAL: SUBMITTED BY: Steve Piasecki, Director of Don Brown, City Manager Community Development Enclosures: City Council minutes, staff report and attachments dated November 15, 1999 Development Criteria memo dated March 10, 2000 Memo from Council Member Burnett dated March 5, 2000