HomeMy WebLinkAbout02-21-2001 City Council Agenda Packet AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
FEBRUARY 21, 2001
CALL MEETING TO ORDER- 6:00 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
ADJOURNED TO CLOSED SESSION - 6:05 P.M.
Conference With Legal Counsel - Existing Litigation
(Government Code section 54956.9(a)):
Name of Case: People v. Perry (Santa Clara County Superior Court Doc. No. C-
9943929)
'Conference with Real Property Negotiator Property: 18870 Allendale Avenue
Negotiating Parties: City of Saratoga/Serbi'an Eastern Orthodox Church
Under Negotiation: Instructions to negotiator regarding price and terms and
payment for real property lease.
Property: 13718 Saratoga Avenue
Negotiating Parties: City of Saratoga/Sacred Heart Church
Under Negotiation: Instructions to negotiator regarding price and terms and
payment for real property lease.'
REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE.
MAYOR'S REPORT ON CLOSED SESSION
PLEDGE OF ALLEGIANCE
ROLLCALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
February 16, 2001)
EXTRA COPY
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the. Council may instruct staff
accordingly regarding Oral Communications under CoUncil Direction to Staff.
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
Proclamation - Declaring March 1, 2001 "Peace Corps Day"
Recommended action:
Read proclamation.
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items on this section will be
acted in one motion unless they are removed from the Consent Calendar.
2A.
Approve Council Meeting Minutes
Regular Meeting - February 7, 2001
Recommended action:
Approve minutes.
2B.
Review of Check Register
Recommended action:
Note and file.
2C.
January Financial Statements
Recommended action:
Note and file.
2D.
Review Planning Commission Action Minutes -
February 14, 2001
Recommended action:
Note and file.
2E.
Authorization to City Manager to execute agreement with Republic Electric for
signal maintenance
Recommended action:
Authorize City Manager to execute agreement.
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.)
o
Proposed Ordinance to update certain portions of Title III of the Saratoga
Municipal Code which governs code enforcement
Recommended action:
Open public hearing; invite public testimony; close public hearing; waive first
reading of ordinance.
OLD BUSINESS
None
NEW BUSINESS
Authorization to City Manager to execute Memorandum of Understanding for the
Union Pacific Railroad Trail
Recommended action:
Authorize City Manager to execute MOU.
o
Resolution authorizing the City to apply for TFCA (40%) funds in order to
continue the ALTRANS Trip Reduction Program for K-12 schools and West
Valley College
Recommended action:
Adopt resolution.
Initiation of Lighting & Landscaping Assessment District LLA- 1
Recommended action:
Adopt resolutions.
Fiscal Years 2001-02 & 2003-03 Budget Development Process
Recommended action:
Note and file.
Citywide Pavement Condition Update
Recommended action:
Authorize City Manager to execute agreement for pavement condition update of
the City's street system.
Authorization to City Manager to execute agreement for Environmental Consultant
for Library Renovation & Expansion Project
Recommended action:
Authorize City Manager to execute agreement for consulting services.
10.
Resolution adopting a revised Conflict of Interest Code
Recommended action:
Adopt resolution.
11.
Consent Calendar Policy
Recommended action:
Accept report and direct staff accordingly.
AGENCY ASSIGNMENT REPORTS
Government Agency
-Assoc. of Bay Area Gov't.(ABAG)
Chamber of Commerce Board
County Cities Assn. Leg. Task Force
County HCD Policy Committee
Emergency Planning Council
Hakone Foundation Liaison
KSAR Community Access TV Board
Library Joint Powers Authority Board
No. Cent. Flood Cont. Zone Adv. Committee
Peninsula Div., League of Calif. Cities
Santa Clara Valley Water Commission
Santa Clara County Cities Assn.
SASCC Liaison
Saratoga Business Development Council
Sister City Liaison
West Valley Solid Waste JPA
Valley Transportation Authori!y PAC
. West Valley Sanitation District
· Silicon Valley.Animal Control-JPA
R!presentative
Mbhaffey
W ~altonsmith
Stieit
Baker
Baker
Mehaffey/Streit
Baker
Bogosian
Bogosian
Mehaffey
Str~eit
Mehaffey
Waltonsmith
Mehaffey
Waltonsmith
Streit
Waltonsmith
Baker
Bogosian
Alternate
Baker
Streit
Bogosian
Waltonsmith
Waltonsmith
Mehaffey
Streit
Waltonsmith
Streit
Baker'
Baker
Bogosian
Waltonsmith
Mehaffey
Baker
Mehaffey
Mehaffey
CITY COUNCIL ITEMS
OTHER
CITY MANAGER'S REPORT
ADJOURNMENT
b~ 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)
4
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001
ORIGINATING ,D, EPT: Ci.,D~nager
PREPARED ~~-
AGENDA ITEM:
CITY MANAGER:
SUBJECT: Proclamation - March 1, 2001 "Peace Corps Day"
RECOMMENDED ACTION:
Read proclamation.
REPORT SUMMARY:
The Northern California Peace Corps Association requested the City of Saratoga recognize
March 1, 2001 as "Peace Corps Day"
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
City Clerk to mail proclamation to Northern California Peace Corps Association.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Proclamation
Attachment B - Request Letter
CITY OF SARATOGA
PROCLAMATION
DECLARING MARCH 1, 2001
"PEACE CORPS DAY"
WHEREAS, the Peace Corps has become an enduring symbol
nation's commitment to encourage progress, .create opportunity and
development at the grass roots level in the developing world; and
of our
expand
WHEREAS, more than 162,000 Americans have served as Peace Corps
Volunteers in more than 130 countries since 1961; and
WHEREAS, Peace Corps Volunteers have made significant and lasting
contributions around the world in agriculture, business, development, education,
the environment, health, and youth development, and have improved the lives of
individuals and communities around the world; and
WHEREAS, Peace Corps Volunteers have strengthened the ties of
friendship and understanding between the people of the United States and those of
other countries; and
WHEREAS, Peace Corps Volunteers, enriched by their experiences
overseas, have brought their communities throughout the United States a deeper
understanding of other cultures and traditions, thereby bringing a domestic
dividend to our nation; and
WHEREAS, it is indeed fitting to recognize the achievements of the Peace
Corps and honor its volunteers, past and present, and reaffirm our nation's
commitment to helping people help themselves throughout the world, by joining in
celebrating the 40 year anniversary of Peace Corps.
NOW, THEREFORE BE IT RESOLVED, that the City of Council of the City
of Saratoga does hereby proclaim and recognize March 1,2001 as
"PEACE CORPS DAY"
Witnessed our hand and seal of the City of Saratoga on this 21 st day of February
2001.
John Mehaffey, Mayor
DUPLICATE LETTER- INCLUDES SAMPLE PROCLAMATION
January 30, 2001
Dear Mayor and Members of the City Council:
On March 1, 1961 President John F. Kennedy signed the Executive Order establishing the Peace
Corps where volunteers go to live and share their skills in developing countries. Fort~ years
later, the Peace Corps remains one of America's most noble and successful experiments in
people-to-people diplomacy. Since its beginning, more than 162,000 volunteers have served in
more than 130 countries, mostly in Africa, Latin America, Asia and now Eastern Europe.
On behalf of the Northern California Peace Corps Association (NorCal), I am writing to request
your consideration of adopting a proclamation proclaiming March 1,2001 Peace Corps Day in
your city. Attached is a sample proclamation for your information.
If you wish to have a Returned Peace Corps Volunteer from your city to be present to accept
such a proclamation, please contact Pete John.eon at 925 933-4490 or peterpcv@jaol.com.
Alternatively, you may have staff members who are Returned Peace Corps Volunteers who
would be happy to receive the proclamation.
We will appreciate a copy of your proclamation honoring Peace Corps for its 40 years of
international volunteer service.
Thank you in advance for your consideration.
Sincerely,
Encl.
Northern California Peace Corps Association
PO Box 2547 · San Francisco, CA 94126
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001
ORIGINATING~T~~er
PREPARED BY~)~_X_X ~
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting - January 17, 2001
REPORT SUMMARY:
N/A
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Minutes/January 17, 2001
MINUTES
SARATOGA CITY COUNCIL
February 7, 2001
The City Council of the City of Saratoga met in Closed Session, Administrative
Conference Room, 13777 Fruitvale Avenue at 5:30 p.m.
Public Employee Performance Evaluation (Gov't Code 54957)
Title: City Attorney
Conference With Legal Counsel - Existing Litigation:
(Government Code section 54956.9(a))
Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court No.
CV-784560)
Conference With Legal Counsel - Anticipated Litigation:
Significant exposure to litigation (Gov't Code section 54956.9(b): (1 potential
case).
Initiation of litigation (Gov't Code section 54956.9(c): (1 potential case).
Conference with Real Property Negotiator Property: 18870 Allendale Avenue
Negotiating Parties: City of Saratoga/Serbian Eastern Orthodox Church
Under Negotiation: Instructions to negotiator regarding price and terms and
payment for real property lease.
MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m.
Vice Mayor Streit reported there was Council discussion but no action was taken.
Vice Mayor Streit called the Regular City Council meeting to order at 7:06 p.m. and lead
the Pledge of Allegiance.
ROLLCALL
PRESENT:
Evan Baker, Stan Bogosian, Ann Waltonsmith,
Vice Mayor Nick Streit
ABSENT:
ALSO PRESENT:
Mayor John Mehaffey
Dave Anderson, City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Mary Jo Walker, Director of Administrative Services
City Council Minutes
February 7, 2001
John Cherbone, Director of Public Works
Irwin Kaplan, Interim Director of Community
Development
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR
FEBRUARY 7, 2001.
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of February 7, 2001 was properly posted on
February 2, 2001.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
None
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
WRITTEN COMMUNICATIONS
None
ORAL COMMUNICATIONS
The following people spoke at tonight's meeting:
Agnes Gregorian, 18867 Montewood Court, addressed the need for affordable housing
for teachers who serve the City of Saratoga. Ms. Gregorian requested that the Council
hold a special meeting to discuss this issue. Ms. Gregorian also noted that she has
collected a lot of data that indicates what other municipalities are doing to address this
issue and has surveyed all teachers in Saratoga Union School District.
Vice Mayor Streit informed Ms. Gregorian that this topic was scheduled for the March 7
City Council meeting.
Dave Anderson, City Manager, suggested that this issue be addressed at an Adjourned
Meeting, perhaps on March 27, 2001.
Councilmember Baker asked if they plan to include people who had concerns other than
Saratoga Union Elementary School District.
Ms. Gregorian responded that at this point only people in Saratoga Schools were
contacted to address this problem.
Ching-Li Chang, 19486 Burgundy Way, responded to Councilmember Baker's question.
Ms. Chang noted that all teachers who serve Saratoga residents, at schools within
Saratoga city limits, should be included and affordable housing made available to all
public servants.
Consensus of the City Council to address this issue on the March 27, 2001 adjourned City
Council meeting.
2
City Council Minutes
COUNCIL DIRECTION TO STAFF
None
CEREMONIAL ITEMS
February 7, 2001
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business.' Items on this section will be
acted in one motion unless they are removed from the Consent Calendar.
lA.
APPROVAL OF COUNCIL MINUTES OF:
JANUARY 17, 2001- REGULAR MEETING
STAFF RECOMMENDATION:
Approve submitted minutes.
Councilmember Baker pulled Item lA fromthe Consent Calendar.
Councilmember Baker noted that on page 3, item # 2A, should indicate that
Councilmember Bogosian pulled this item from the Consent Calendar not
Councilmember Baker.
Councilmember Bogosian requested that on page 14, item #7, the following be
added; "Councilmember Waltonsmith urged ALTRANS should contact the
City if they run up against any problems with the schools not willing to
participate in the program."
Councilmember Bogosian requested that on page 19, under Council Items,
replace "statistical information" to "only statistical information".
Councilmember Bogosian requested page 18, item #11, replace "use of
Christmas lights" to "long term use of Christmas lights"
Councilmember Waltonsmith requested that on page 19, under Council Items,
the following be replaced:
· "all bus stops" to "major bus stops"
· "in the elements" to "out in the elements"
BAKER/WALTONSMITH MOVED TO APPROVE MINUTES OF
JANUARY 17~ 2001 CITY COUNCIL MINUTES AS AMENDED.
lB.
MOTION PASSED 4-0 WITH MAYOR MEHAFFEY ABSENT.
REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Note and file.
Councilmember Bogosian pulled Item 1B from the Consent Calendar.
3
City Council Minutes February 7, 2001
Councilmember Bogosian questioned the payment for unscheduled traffic
signal maintenance with the City's contractor, Signal Maintenance.
John Cherbone, Director of Public Works, responded that the charges are for
time and material.
Councilmember Baker asked Director Cherbone when was the City going to
perform all the traffic signal maintenance.
Director Cherbone responded that the City does perform most of the
maintenance throughout the City, except for various quarter and half inch
intersections, Big Basin Road, and Highway 85.
Director Cherbone also indicated that at the next City Council meeting,
Council would have a chance to vote on a new traffic signal maintenance
contractor as a result of a recent RFP.
Councilmember Bogosian questioned the payment to West Valley College for
$912.00 for printing letterhead and business cards. Councilmember Bogosian
asked if the City had a contract with West Valley College for this service.
Mary Jo Walker, Director of Administrative Services, responded that the City
does not have a contract with them, but when Staff requested quotes a few
years back, they were the cheapest.
BOGOSIAN/WALTONSMITH MOVED TO NOTE AND FILE CHECK
REGISTER. MOTION PASSED 4-0 WITH MAYOR MEHAFFEY
ABSENT.
lC.
REVIEW OF PLANNING COMMISSION ACTION MINUTES
STAFF RECOMMENDATION:
Note and file.
BAKER/BOGOSIAN MOVED TO NOTE AND FILE PLANNING
ACTION MINUTES. MOTION PASSED 4-0 WITH MAYOR MEHAFFEY
.ABSENT.
OLD BUSINESS
o
COMPETITIVE SALARY SURVEY RESULTS
STAFF RECOMMENDATION:
Accept results of survey; approve resolution; approve changes to MOU's.
TITLE OF RESOLUTION: 85-9.126
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA AMENDING A MOU BETWEEN THE SARATOGA
EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION
4
City council Minutes February 7, 2001
NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS
FOR NON-MANAGEMENT EMPLOYEES
TITLE OF RESOLUTION: 85-9.127
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA AMENDING A MOU BETWEEN THE SARATOGA
MANAGEMENT ASSOCIATION, FURTHER AMENDING
RESOLUTION NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND
BENEFITS FOR MANAGEMENT EMPL'OYEES
TITLE OF RESOLUTION: 01-008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE
FT 2000\01 BUDGET
Dave Anderson, City Manager, presented staff report.
Mr. Anderson reminded Council that last fall they directed staff to begin a
salary survey comparing the City of Saratoga's salaries to neighboring cities.
The City authorized Geoffrey L. Rothman and Associates to perform
competitive salary survey using eight comparable cities. Based on population,
proximity to Saratoga and size and/or form of government, the cities that were
selected to survey were Los Altos, Menlo Park, San Carlos, Cupertino, Los
Gatos, Morgan Hill, Campbell, and Newark.
Mr. Anderson indicated that the survey process began immediately, and
consisted of contacting each of the eight cities to receive their salary ranges for
each 0f the positions, which that City uses. The top of the range was used for
comparison purposes. After the raw data was collected and compiled, the
salary ranges for six of the eight cities were reduced by 7% to be comparable
to Saratoga because salaries in the remaining two cities are higher because the
employees pay their.own PERS.
Mr. Anderson summarized the results noting that Saratogapays at or above the
survey average for only five out of forty positions surveyed. Director Walker
mentioned that Saratoga!s monthly salary was lower than each of the eight
cities surveyed.
Mr. Anderson indicated staff recommends that the new salary ranges become
effective February 3,2001, which is the first day of the current pay period.
Councilmember Baker asked why the City of Newark was considerably higher
than all the other cities included in the survey.
Mary Jo Walker, Administrative Services Director, explained that Newark is at
the top end with the cities that Saratoga compared to but the City of San Carlos
was not too far behind Newark. Director Walker noted that Newark's salaries
were even reduced 7% because the employees pay their own PERS.
5
City Council Minutes February 7, 2001
Councilmember Waltonsmith asked when the City of Saratoga is fully staffed
how much money will come out of the General Fund with these rate increases.
Director Walker responded about $33,000.00 will have to be allocated for rate
increases.
BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION
AMENDING A MOU BETWEEN THE SARATOGA EMPLOYEES
ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS
AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-
MANAGEMENT EMPLOYEES. MOTION PASSED 4-0 WITH MAYOR
MEHAFFEY ABSENT.
BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION
AMENDING A MOU BETWEEN THE SARATOGA MANAGEMENT
ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS
AMENDED, ADJUSTING SALARIES AND BENEFITS FOR
MANAGEMENT EMPLOYEES. MOTION PASSED 4-0 WITH MAYOR
MEHAFFEY ABSENT.
BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SARATOGA MAKING
APPROPRIATION ADJUSTMENTS TO THE FY 2000\01 BUDGET.
o
MOTION PASSED 4-0 WITH MAYOR MEHAFFEY ABSENT.
Councilmember Bogosian noted that he fully supports the results of the salary
survey.
PROPOSED ORGANIZATIONAL AND STAFFING CHANGES
STAFF RECOMMENDATION:
Accept report; approve resolution; approve changes to MOU's.
TITLE OF RESOLUTION: 01-009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE
FY 2000/01 BUDGET
TITLE OF RESOLUTION: 85-9.128
RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF
SARATOGA AMENDING A MOU BETWEEN THE CITY AND THE
SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING
RESOLUTION 85-9 AS AMENDED, ADJUSTING SALARIES AND
BENEFITS FOR NON-MANAGEMENT'EMPLOYEES.
City Council Minutes
TITLE OF RESOLUTION: 85-9.129
February 7, 2001
RESOLUTION OF THE CITY COUNCII} OF THE CITY OF
SARATOGA AMENDING A MOU BETWEEN THE SARATOGA
MANAGEMENT ASSOCIATION, FURTHER AMENDING
RESOLUTION NO. 85-9 AS AMENDED, IADJUSTING SALARIES AND
BENEFITS FOR MANAGEMENT EMPLOYEES
Dave Anderson, City Manager, presented staff report.
Mr. Anderson noted that this report reflected a combination of miscellaneous
organizational changes to improve customer service and efficiency and cut
current staff workloads.
Mr. Anderson briefly summarized the proposed changes in the Community
Development Department:
· Reclassify the Senior Inspector to Btiilding Official.
· Add a third Building Inspector.
· Add an Associate Planner.
· Broadband the existing Plan Check Engineer position to allow the
position to be filled at a lower Plans Examiner if a qualified applicant
cannot be found at the Engineering level.
Mr. Anderson noted that the funding for these positions are available from
building permit revenue, which are higher than budgeted so far this year.
Mr. Anderson briefly summarized the organizational changes in the City
Manager's Office with the intent of establishing a level of support appropriate
for coordinating numerous policy-level issues, and special projects:
· Create an Assistant City. Manager position.
· Eliminate the Senior Analyst position and one of the two Analyst
positions in the City Manager's Office.
· Transfer an Analyst from the City Manager's Office to the Public
Works Department.
Mr. Anderson noted that the savings from eliminating the two positions offset
the cost of the Assistant City Manager position. Additionally, the possible
replacement of the Administrative Services Director at a lower step will realize
additional savings.
Mr. Anderson noted that it would cost $137,000.00 for the changes in the
Community Development Department, which will be covered by
Building/Planning Development fees. The City Manager's Office changes
will be at no cost to the City due to the elimination of one Administrative
Analyst which credits the City Manager's Office $3,800.00.
Vice Mayor Streit noted he fully supports the organizational changes, which
will better serve the community.
7
City Council Minutes February 7, 2001
Councilmember Baker questioned what duties would the Assistant City
Manager perform.
Mr. Anderson responded that the proposed Assistant Manager's position would
supervise the Economic Development Coordinator and would be able to work
on special projects assigned by the City Manager.
Councilmember Bogosian noted he supported this position indicating that it
would increase the responsibility of the Manager's Office.
WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION
MAKING APPROPRIATION ADJUSTMENTS TO THE
FY 2000/01 BUDGET. MOTION PASSED 4-0 WITH MAYOR
MEHAFFEY ABSENT.
WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION
AMENDING A MOU BETWEEN THE CITY AND THE SARATOGA
EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION
85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR
NON-MANAGEMENT EMPLOYEES. MOTION PASSED 4-0 WITH
MAYOR MEHAFFEY ABSENT.
WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION
AMENDING A MOU BETWEEN THE SARATOGA MANAGEMENT
ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS
AMENDED, ADJUSTING SALARIES AND BENEFITS FOR
MANAGEMENT EMPLOYEES. MOTION PASSED 4-0 WITH MAYOR
MEHAFFEY ABSENT.
AZULE CROSSING DEVELOPMENT STATUS REPORT
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Irwin Kaplan, Interim Director of Community Development, presented staff
report.
Director Kaplan noted that this issue was brought before the Council due to a
letter of complaint submitted by Jeffrey J. Walker on January 23, 2001, in
regards to the lack of compliance with conditions of approval at Azule
Crossing.
Director Kaplan updated the City Council on the recent conditions that Mr.
Walker pointed out and which Mr. Griffin has recently fixed:
· Installation of the privacy louvers
Azule illuminated sign boxes turned off at 9:00 p.m.
· Installation of security lights
· Temporary fence moved back - providing more parking on site
· Applied for a sign permit for the two non-permitted signs
City Council Minutes February 7, 2001
Director Kaplan noted that Mr. Griffin was present tonight to answer any
questions that Council might have.
Councilmember Bogosian stated that he found this report confusing and
requested that a matrix of the issues brought UP by Mr. Walker, and how the
conditions of approval, the violations, and the, remedies all tie together.
Director Kaplan responded that he would pro}fide, such a matrix.
Dennis Griffin, The Griffin Company/Agent for Azule Crossing, noted that he
did not understand what the problems were an]d noted that this project went
through the City's entire review process, went to the Planning Commission,
and to the City Council. Mr. Griffin noted that a few of the issues Mr. Walker
addressed were due to the construction of the ~esidential development project
behind his commercial project.
Vice Mayor Streit reminded everyone that this was a unique situation where
you have two separate and different projects going on simultaneously, which
was ordered by the City, and two different crews sharing a common parking
lot.
Councilmember Waltonsmith stated that the neighborhood surrounding the
project should be the least impacted of all the groups involved.
Jeffrey J. Walker, 20451 Seagull Way, noted that 'the issues he brought up in
his letter have been remedied. Mr. Walker thanked Director Kaplan for his
efforts.
Don Johnson, 19997 Seagull Way, noted that there has been an increase of
construction trucks using the neighborhood streets as access to the two
projects. Mr. Johnson noted that on January 31 he counted one dozen
construction trucks on his street. Mr. Johnson noted he contacted Director
Cherbone, who in turn took care of the problem temporarily. Mr. Johnson
requested the City Council install a temporary sign prohibiting construction
trucks on the neighborhood streets surrounding the Azule Crossing
Development projects.
A discussion took place on ingress and egress of the neighborhood streets to
the construction sites.
Director Cherbone noted that Saratoga-Sunnyvale Road is tied to the Gateway
project and will be addressed in a couple of months and noted that some of the
trucks are so big that they have to use Seagull :Way in order to turn around.
Vice Mayor Streit asked Director Cherbone if. he would send an inspector to
the site and remind Devcon to avoid using the neighborhoOds streets.
'Vice Mayor Streit requested that the Public Safety Commission examine the
long-term daily misuse of Seagull Way and report back to the City Council.
9
City Council Minutes February 7, 2001
Director Cherbone noted that if Council desires to do so the City could
implement some types of traffic calming devices or pass a MV resolution.
Councilmember Baker requested that the Chair of the Public Safety
Commission report back to the City Council within thirty days.
Councilmember Bogosain noted that there were two issues that Mr. Johnson
has brought up concerning Seagull Way; the temporary impact on the
neighborhood due to the construction and the current misuse of that street.
Mr. Johnson agreed with Councilmember Bogosian.
Vice Mayor Streit thanked everyone for coming tonight.
PUBLIC HEARINGS
None
Vice Mayor Streit noted that Director Walker requested that the Council move Item 6
before Item 5.
Consensus of the City Council to move Item 6 before Item 5.
NEW BUSINESS
o
SALE OF GENERAL OBLIGATION BONDS FOR THE SARATOGA
COMMUNITY LIBRARY
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Mary Jo Walker, Director of Administrative Services, presented staff report.
Director Walker explained that the citizens of Saratoga voted to approve the
sale of $15 million general obligatiOn bonds on March 7, 2000, to fund the
Library renovation and expansion project. The City needs to have the bond
proceeds no later than this coming June, before the City starts spending large
amounts of money on the Library construction. The sale of the bonds takes
about three months, so the process should begin as soon as possible.
Director Walker noted that it is recommended that the full $15 million be sold
'in one sale. If the Library is built for less than $15 million and funds remain
after all the costs are paid, the excess proceeds can be used in a subsequent
year for the annual debt service payment. Director Walker explained this
would reduce the amount that would need to be collected from property tax
payers in that year.
Director Walker noted that Mr. Morales from Sutro & Company was present to
answer any questions from the Council.
10
City Council Minutes February 7, 2001
Vice Mayor Streit asked how long the process would take if Council approves
the sale of the bonds tonight.
Rich Morales, Vice President/Sutro, responde ~ that once Council approved the
sale of the bonds he would start the process immediately, which involves
getting the City's bond rated and finding the llowest interest rate. Mr. Morales
noted he would return to the Councd, approximately in May, to request
permission, to initiate the actual sale of the bounds, in the form of a resolution.
BAKER/WALTONSMITH MOVED TO DIRECT STAFF TO INITIATE
THE PROCESS OF SELLING 15 MILLION GENERAL BOND
OBLIGATION BONDS FOR THE SARATOGA COMMUNITY
LIBRARY RENOVATION AND EXPANSION PROJECT. MOTION
PASSED 4-0 WITH MAYOR MEHAFFEY ABSENT.
MID YEAR FINANCIAL RESULTS FOR~FY 2000/2001
STAFF RECOMMENDATION:
Accept Financial Reports; adopt resolution.
TITLE OF RESOLUTION: 01-010
RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF
SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE
FY 2000/2001 BUDGET
Mary Jo Walker, Director of Administrative Services, presented staff report.
Director Walker noted that the financial reports represent the revenues,
expenditures and fund balances in all City funds for the six months ended
December 31, 2000. The financial reports include actual revenues and
expenditures at the mid-year point, as well as staff's mid-year projections.
Director Walker indicated that overall revenues were higher than expected at
this point in the annual cycle and expenditures~ are slightly lower than
budgeted.
Director Walker indicated that General Fund revenues are about $700,000
higher than expected as of December 31. This is due to higher sales tax,
transfer tax, construction tax, interest income, and motor vehicle license fees,
as well as an unbudgeted on-time grant from the California Law Enforcement
Equipment Program (CLEEP) that was approved by the Governor's budget.
Director Walker indicated that development revenues continue to be higher
than budgeted and revenues in all other funds remain approximately as
anticipated.
Councilmember Baker noted he felt $25,000.00 was an excessive amount to
improve the City's website.
11
City Council Minutes February 7, 2001
Dave Anderson, City Manager, indicated that he plans on doing some scoping
of the project and will not spend the money unless necessary.
Councilmember Bogosian noted he feels that it was a reasonable figure to
make the City's website user friendly.
BAKER/WALTONSMITH MOVED TO ACCEPT THE MID-YEAR
FINANCIAL REPORT. MOTION PASSED 4-0 WITH MAYOR
MEHAFFEY ABSENT.
BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION
MAKING APPROPRIATION ADJUSTMENTS TO THE FY 2000/2001
o
BUDGET. MOTION PASSED 4-0 WITH MAYOR MEHAFFEY ABSENT.
AUTHORIZATION TO CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENTS FOR TEMPORARY
SERVICES IN COMMUNITY DEVELOPMENT DEPARTMENT:
A. AGREEMENT WITH IRWIN KAPLAN, INTERIM
COMMUNITY DEVELOPMENT DIRECTOR
B. AGREEMENT WITH WILLDAN AND ASSOCIATES
C. AMENDED AGREEMENT WITH ROBERT SCHUBERT, AICP.
STAFF RECOMMENDATION:
Authorize City Manager to execute agreements.
Dave Anderson, City Manager, presented staff report.
Mr. Anderson briefly explained the contracts for the following contract
employees:
1. Irwin Kaplan, Interim Director of Community Development.
2. Robert Schubert, Senior Planner.
3. Phillip Block, Senior Planner.
Mr. Anderson noted .that these contracts are temporary until full time staff is
hired.
BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE CITY
MANAGER TO EXECUTE CONTRACTS WITH IRWIN KAPLAN,
ROBERT SCHUBERT, & PHILLIP BLOCK. MOTION PASSED 4-0
WITH MAYOR MEHAFFEY ABSENT.
REPORT ON ABAG HOUSING NEEDS APPEAL COMMITTEE
ACTION ON THE CITY'S APPEAL OF THE ABAG REGIONAL
HOUSING NEEDS DETERMINATION FOR THE CITY OF
SARATOGA
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Richard Taylor, City Attorney, presented staff report.
12
City Council Minutes February 7, 2001
Mr. Taylor provided an update of the City's efforts to appeal ABAG's decision
the Regional Housing Needs Determinatio~ (RHND).
on
Mr. Taylor noted that the City of Saratoga app~ ealed the ABAG determination
based on two primary factors: ,
1. ABAG'S projection of anticipated job'~ growth in Saratoga was not
correct.
2. Inaccuracies in ABAG'S projections r~garding household growth in
Saratoga.
Mr. Taylor noted that ABAG Housing Needs tAppeals Committee met to
consider the City's appeal on January 25,200il, and rejected the City's appeal.
Mr. Taylor indicated that the ABAG Executiv~e Board would meet on March
15, 2001 to make a final decision on the RHND for each jurisdiction within
ABAG. Mr. Taylor reported that City staffpl~ans to request that the Executive
Board reduce the City's RHND at that time.
Betty Feldman, 20184 Franklin Avenue, requested that the City of Saratoga
make every effort to supply our fair share of affordable housing. Ms. Feldman
'reported that The Town of Los Gatos, in conjunction with the Community
Housing Developers, would be celebrating the grand opening of the Los Gatos
Creek Apartments on February 16, 2001. Ms. Feldman noted that this project
was part of the Town's efforts to build affordable housing in their community.
Councilmember. Baker stated that the allocation of affordable units in Saratoga
set by ABAG is too high.
Vice Mayor Streit noted that all the City is ask] ing for is a reasonable number
that the City could actually meet.
Vice Mayor Streit indicated to Ms. Feldman t,hat the City Council would be
holding a special meeting on March 27, 2001 to discuss affordable housing.
Consensus of the City Council to direct the City Attorney to prepare an
appropriate correspondence to the ABAG Executive Board.
ORCHARD RESTORATION PROJECT - PHASE I AND PHASE II
STAFF RECOMMENDATION:
Approve proposal for transplanting trees and authorize City Manager to
execute agreement to prepare an "Orchard Ma'ster Plan".
Dave Anderson, City Manager, presented staff report.
Mr. Anderson noted that at the January 17th meeting, the City Council had the
opportunity to review the schematic design pl~tn for the Saratoga Library
Expansion Project. During the presentation, ii was noted that the expansion of
the library building and parking lot would require the removal of
approximately 110 orchard trees. Mr. Anderson noted that the intent is to
transplant a portion of those trees.
13
City Council Minutes February 7, 2001
Mr. Anderson explained that Matt Novakovich, the City Orchardist, and Linda
Gates, the landscape architect, have walked the site to evaluate the existing
trees proposed for removal and have identified 48 trees as potential candidates
for transplanting. Mr. Anderson noted the candidates for transplant are a
mixture of prune and apricot trees varying in size.
Mr. Anderson explained that Mr. Novakovich recommended replanting the
orchard trees on the Fmitvale/Saratoga comer along Saratoga Avenue. Mr.
Anderson noted that funding for both phases is available in CIP 0101 - park
Upgrades.
Mr. Anderson indicated that Phase II of the Heritage Orchard Restoration
Project includes the services of Linda Gates and Matt Novakovich to work
with the Heritage Preservation Committee to develop a master plan for the rest
of the orchard that is not a part of the library project.
Mr. Anderson noted that Norman Koepemik, Chair/Heritage Preservation
Commission, was present tonight to answer any questions Council may have.
Vice Mayor Streit asked if the City would be putting signs up in the Heritage
Orchard noticing the restoration project.
Mr. Anderson responded yes, signs would be placed in the Heritage Orchard
and an article will be in the Saratogan.
Vice Mayor Streit asked Chair Koepemick if he had any comments on the
Heritage Orchard Restoration Project.
Norman Koepemik, Chair/Heritage Preservation Commission, emphasized that
the Heritage Preservation Commission fully supports the restoration efforts and
Noted that now was the time to replant the trees.
PHASE I
BAKER/WALTONSMITH MOVED TO AUTHORIZE THE CITY
MANAGER TO EXECUTE AGREEMENT WITH GATES AND
ASSOCIATES, LANDSCAPE ARCHITECTS, IN THE AMOUNT OF
$9,050.00 FOR DESIGN DEVELOPMENT AND CONSTRUCTION
MANAGEMENT. MOTION PASSES 4-0 WITH MAYOR MEHAFFEY
ABSENT.
BAKER/WALTONSMITH MOVED TO AUTHORIZE THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH MATT NOVAKOVICH, ORCHARDIST, IN THE AMOUNT OF
$33,587.28 FOR EXCAVATING AND TRANSPLANTING TREES.
MOTION PASSES 4-0 WITH MAYOR MEHAFFEY ABSENT.
14
City Council Minutes
PHASE II
February 7, 2001
BAKER/WALTONSMITH MOVED TO AUTHORIZE THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH GATES AND
ASSOCIATES, LANDSCAPE ARCHITECTS FOR PHASE II
ORCHARD MASTER PLAN IN THE AMOUNT OF $19,120.00.
MOTION PASSES 4-0 WITH MAYOR MEHAFFEY ABSENT.
CITY COUNCIL ITEMS I'
Councilmember Waltonsmith asked if staff has handled '.the following: 1. Commendation for Mason Sakoda.
2. Proclamation for the Peace Corp.
3. Response to Marcia Ferris in regards to her recent email concerning school traffic.
Cathleen Boyer, City Clerk, responded that both the commendation and proclamation
have already been prepared.
Mr. Anderson responded that Ms. Ferris's email has bee'n forwarded to the School Site
Task Force headed by Bridgett Ballingall. :
Councilmember Bogosian requested a joint meeting witch the Saratoga Union School
District to discuss their efforts on traffic control.
Councilmember Baker reminded everyone that at the January 17th meeting he discussed a
random phone survey in which he participated, but questioned the validity of it.
Councilmember Baker reported that he finally received a return phone call from Dennis
Trujillo, Deputy Director/CALTRANS, who verified that the survey was authorized by
CALTRANS and was being performed by a contractor CALTRANS had hired.
OTHER
None.
CITY MANAGER'S REPORT
Mr. Anderson requested the City Clerk to remind the Ci!y Council of the date scheduled
for the Council's Retreat.
Cathleen Boyer, City Clerk, stated the scheduled date for the Council's Retreat was May
5, 2001.
15
City Council Minutes
ADJOURNMENT
February 7, 2001
Vice Mayor Streit adjourned the meeting at 9:25 p.m. and wished Mayor Mehaffey a
speedy recovery.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
16
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001 AGENDA ITEM: ~__
ORIGINATING DEPT: Administrative Services CITY MANAGER:
PREPARED BY://~, ~-~. ~/~/~?~ ~Lt~/f DEPT HEAD:
SUBJECT: Check Register
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached is the check register.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
IFund# Fund Name
AP CHECKS A84178-84314
I GENERAL
100 COPS-SLESF
110 Traffic Safety
150 Streets & Roads
160 Transit Dev
170 Hillside Repair
180 LLA Districts
250 Dev Services
260 Environmental
270 Housing & Comm
290 Recreation
292 Facility Ops
293 Theatre Surcharge
300 State Park
310 Park Develpmt
320 Library Expansion
400 Library Debt
410 Civic Cntr COP
420 Leonard Creek
700 Quarry Creek
710 Heritage Prsvn
720 Cable TV
730 PD #2
740 PD #3
800 Deposit Agency
810 Deferred Comp
830 Payroll Agency
990 SPFA
ISubtotal
PAYROLL CHECKS: B26321-26368
TOTAL
Date Manual Void
218101 Checks Checks
69,516.29
17,303.71
9,108.44
34,350.98
5,234.05 (393.00)
900.00
64.67
136,478.14 (393.00)
Date:
JApproved by:
~0
b ~
o ~ ~
o~- ~oooooooooooooooo
o o o o o o oo oo oo oo ~ o
~o ~ ~o o ~ o ~oo moo ~oo ~oo o
~ ~ ~ o ~ o o ~ ~ ~
(~0
o~
o o o g §
~o o~;oo~
ooz oo-o ooO~
§
§
o o < o oooooo ~ . ooooo ~
o g g ~o°~ §gggggg g ooooo ..... ~
~ oo ~ ~ ......... ~o~o~o ~
o o o § g ~ g o o
C~O
~o
d
oo
oo o o o o o o o o ooo
o g g o o ~g oo ~g ggg
=o § g o g ~o = ..... e
.... g o § g ..... o
o o
0
~>
zo ~ooooooooooo~°°° ~
0
~o
~0
~o
Z
§§oooo .... ggggg~gggg~§oooo ....
..... ?,?7 ...............
~o ~ o ~ ~ ~ ~ .... ~o~o~o~o~o~
~o o o o o o ooooooooooooooooooooooooo
o ~ z~ ~
~g~ ~ ~ . o ~ o ~ o o o o o ~ o o o
o o o ~
o o o~ ..... °~ o o ~o
o o o oo o oo o o o o
~ mo mo ~oo ~o ~oo ~ zo ~o ~o
0
§ o o ~ ....
o~
o o oooo o o ooo o
o
ooo
o ~
........ §g ......
oo o
~ o
o o o o
0 o
o
DO
O~
U
~'0
o~
oo ~
, I
pr..
['"0
H
~ g
~ ~o
O~
. ~ ',
§8§
Z
0
o o o o
o o o o o
0
8o
~0
~
0
0
O~
O0
o
0
L~
r~
~o..~
E-
oo
o
C~O
§
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:¢ / I ¢l/,~v'~[ *'~-~ c/(.- ~"L~-~i-'~
suBJECT: Financial Reports for the Seven Months Ended January 2001
RECOMMENDED ACTION(S):
Accept the financial reports and the Treasurer's report for the seven months ended January 31.
2001.
REPORT SUMMARY:
The accompanying financial reports represent the revenues, expenditures and fund balances in all
City funds for the seven months ended January 31, 2001.
SltmmaF3'
Overall. revenues are higher than expected at this point in the annual cycle, and expenditures are
slightly lower than budgeted. For the seven months ended Janua%' 31, the CiD' is in a positive
financial condition when compared to the annual budgeted revenues and expenditures.
Revenues
General Fund revenues are about $1 million higher than expected as of January 31. This is due
to higher sales tax. transfer tax. construction tax. interest income, and motor vehicle license fees.
as well as an unbudgeted one-time grant from the California Law Enforcement Equipment
Program that was approved in the Governor's budget.
In other funds, development revenues continue to be higher than budgeted so far this fiscal year
due to the continued active building environment. Revenues in all other funds remain
approximately as anticipated.
Expenditures
General Fund expenditures are as anticipated as of January 31. with minor variances in many of
the program budgets. Other funds are very close to where they are expected to be as well.
Fund Balance
The General Fund balance is $10,767,429 as of January 31, 2001, and $17,944,501 for all funds
combined. At this point, it is anticipated that the General fund balance w411 be approximately $3
million loWer by June 30, 2001, assuming that the pavement management program will be
completed by year end for nearly $2 million and capital projects funded by the General Fund will
also be completed by then. This also assumes that the Library bond proceeds will not be
received until after June 30, and therefore the budgeted $1 million libraD' costs carried by the
General Fund will not be reimbursed to the General Fund during this fiscal year. There is a
possibility that the proceeds will be received before June 30, so the estimated year-end General
Fund balance would be higher by $1 million. Staff should receive a timeline of the bond sale
~4thin the next few weeks, which will clarify this issue.
The fund balance for all funds combined will be about $5.5 million lower, again assuming that
the pavement management expenditures and capital project funds that were budgeted for the year
but not yet spent, will be spent by June 30.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
None.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
Accept and file the reports.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Financial reports for January 2001.
Treasurer's Report for January 2001.
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARV .31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
FUND BALANCE
FUND FUND DESCRIPTION
GE.N~R.M. FL.'ND
MIS REPLACE_MEN-f FU-'ND
PERS RET1KEMEN-T FU-'NX)
TOTAL GENERAL FUND
SPECLAL REVENUE FUNDS:
100 COPS SL.'P. LAW ENTORCEMEN'T
110 TIL~FFIC S.M:ETY SKF
150 STREETS&RO.M)S SKF
160 TRANS DEV ACT SKF-C-M~ PROJ
I'~0 HILLSIDE REP.MR SKF
180 L AN~) SC.-~PE.'LGTNG SKF
25O DEVELOPMENt' SKF
26O ENVIRON_%tENT.~. PRG SKF
270 HOUSING & CON~M DEV SRF
290 RECREATION SKF
292 FACILITY OPS SRF
293 THEATER TCK SRCHG SKF
TOTAL SPECLAL REV. FUNDS
CAPITAL PROJECT FUNDS:
310 P .-MR K DEVELOPMENt'
320 LIBR_&RY EXPANSION
TOTAL SPECL-~L REV. FUNDS
DEBT SERVICE FUND:
400 LIBR.,MRY BONT)S DEBT SVC
AGENCY' FUNDS:
42O LEON:MRD ROAD DEBT SVC
720 C A TV TRUST FL'ND
730 P.-MRKING DIST =2 DEBT SVC
74~ PARKING DIST =3 DEBT SVC
SARATOGA PL~BL FIN AGNCY
TOTAL AGENCY FUNDS
TOTAL ALL FUNDS
AUDITED UNAUDITED
BALA. NCE YEAR TO DATE ADJUSTS & BALANCE
JULY 1. 2000~ E_XPENDrrURE TRANSFERS JAN.31. 2001
$ 8.955.703$ 4.856.140$ 3.116.474 $ (92.857) $ 10.6O2.512
95.C~ 35.000 130.0~
34.917 34.9!7
9.085.620 4.856.140 3.116,474 (57.857) 10,767.429
44.119 100,G~30 27.881 3.643 119,880
52,783 3.814 (48.969)
638,734 2.863.124 850.037 (845.820) 1.806.000
169.200 169.200 ' I
2.517 {2.517)
107.940 115.165 97_ 108 125.997
1,358.905 1.170.712 814.452 1,715.165
420.458 331.630 160.224 591.864 I
I
940 239.773 238.833
355.242 549.390 194.148 -
71.227 135.124 63.897
171 13.973 5.837 (8,307)
2.5?0.327 5.077..313 J.052,840 {235.893) 4.358.907
2.143.964 30.684 215_738 1.958.91
293,750 293,750
2.143.964 30,684 509.48~ 293,750 ! ,958.911
93.608 92,158 1.450
40.329 4.817 8,151 36.995
86,303 2.372 88.675
1.5G8 1.508
16.698 80.922 155.078 (57.458)
485.374 485.374
302.711 302.711
932.923 88.111 163.229 857.805
$ 14,732.834 $ 10.145.855 $ 6.934.188 - $ 17.944.501
AUDITED PROJECTED PROJECTED PROJECTED
BALANCE YEAR TO DATE ADJUSTS & BALANCE
JULY I. 2000REVENUE ~ TRANSFERS JUNE 30. 2001
$ 8,955.703 $ 7.531.18a $ 5.823.605 $ (3.227.634~ $ 7,435.6.48
95.C8)0 35.0C,~ 130.Ct~
34.917 34.917
9,085.620 7.531.184 5,823.605 (3.192.634) 7,600.565
44.119 70.128 86.806 11,341 38.782
153.5~3 26.090 (127.4101
638,734 5.096.627 5,884.C~3 1,954.642 1.806.~
97.234 I~9.200 71.-°66
6.088 0 (6.088~
107,940 177.954 177740 108.154
1.358.905 1.508.200 I.L~.6,522 (130.C(~) 1.09~.583
420.458 547,546 621.380 346.624
365.429 287.821 34.05! 111.659
782.3~ I.C~5.808 263.508
120,000 224.128 IC~.128
1~! 25.0~5 41.5~6 1~.3~5
2.570.327 8.950,006 10.211.014 2.192.483 3.501.802
2.143.964 93.150 2.037.027 2'~.08~
2.143.964 93.150 3,037.0? 1.000.000 200.08~
93.6~8 93.829 151
40.329 I1.7C~ 1[.7~5 40.329
86.303 4.2C~ 0 %'..503
1.508 0
i6.698 171,731 171.731 16.698
485.374 0 485.374
302.711 20.0C~ 0 322.7!~
932,923 207.631 183.431 957.123
14.732.834 $ 16.875.649 S 19.348.906 S - $ 12.259.577
JAN%'?d~.Y2GOI .RECAP Page I ~'16/01
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
TITLE
.REVENUE RECAP BY FUND
001 GENERAL FUND
SPECIAL REVENUE FUNDS:
100 COPS-SLESF FU~ND
110 T1L~FFIC SAFETY FLq~'D
150 STREETS & ROADS SRF
160 TRANSPORT DEVELOP ACT SRE
170 HILLSIDE REPAIR FUND
180 LANDSCAPE & LIGHTING FL~D
250 DEVELOPMENT FDND
260 ENVIRONMENTAL PROGILAM FLLND
270 HOUSING & COMMUNITY DEV FUND
290 RECREATION FLND
292 FACILITY OPEILATIONS FUND
293 THEATERTCK SRCHG SRF
TOTAL SPECIAL REVENUE FUNDS
310
4OO
CAPITAL PROJECTS FUNDS:
PARK DVLPMNT CAP PRJ FND
DEBT SERVICE FUND:
LIBP~ARY BOND DEBT SRV FND
TOTAL AGENCY FUNDS
420 LEONARD RD DEBT SER FUND
720 CA TV TRUST FU~D
730 PRK DST#2 DBT SR,'AGNCY FD
740 PRK DST-~3 DBT SR[AGNCY FD
800 DEPOSITS AGENCY FUND
990 SAP, ATOGA PFA AGENCY FU~D
TOTAL AGENCY FUNDS
TOTAL ALL FUNDS
REVENUES
FISCAL YEAR 2000-01
ORIGINAL
BUDGET
REVISED ESTINL-XTED
BUDGET ACTUAL
(if different) (if different)'
7,536,184
70.128
153.500
5,096.627
97.234
6.088
177.954
1,508.200
547546
262,928
782,300
120,000
25,000
5,096,627 5.096,627
S365,429 $365~429
8,847,505 8,950,006 8,950,006
93,150
93,678
11,700
4.200
171,731
20.000
207,631
$ 16,778,148 16,875,649 16,875,649
YEAR-TO-DATE
1/31/01 1/31101
ESTIMATE ACTUAL
(~-rD)
ACTUAL/
1/31
ESTIMATE
3.868.448 $ 4,856,140
25.5%
100.000 100.000 0.0%
50.000 52.783 5.6%
2.866.101 2.863.124 -0.1%
3,085 2,517 -18.4%
102,640 115,165 12.2%
879,667 !.170,712 33.1%
319,402 331.630 3.8%
1,750 940 -46.3%
380,017 355,242 -6.5%
70,000 71.227 1.8%
14,583 13,973 -4.2%
4,787,244 5,077,313
6.1%
38,813 30,684 -20.9%
93,677 93,608 -0.1%
6.825 4.817
2,450 2,372
85.866 80.922
95.141 88,111
$ 8,883,322 S 10,145,855
-29.4%
-3.2%
-5.8%
-7.4%
14.2%
JANUARY200 I\REVENUE Page 2 2/16/01
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
REVENUES
GENERAL FUND
001
TITLE
PROP TAX SECURED:~,~'SECURED
TEA ALLOCATION
SALES TAX 1%
SALES TAX PROP 172
TRANSFER TAX
CONSTRUCTION TAX
T1LANS OCCUP TAX
FRANCHISE FEES - PG&E
FRANCHISE FEES - TCI
FRANCHISE FEES - SJ WATER
F1LANCHISE FEES - GREEN VALLEY
BUSINESS LICENSES
CLEEP
MOTOR VEHICLE LICENSE FEE
OFF HIGHWAY MV FEE
HOPTR
DISASTER RECOVERY
OTHER REFL':'NDS & REIMBURSE
FINES-FALSE ALAILM
FORFEITURES
INTEREST
RENTALS-CELL PHONE
HAKONE RENT PASS THROUGH
SALE OF ASSETS
MISC.
VEHICLE ABATEMENT
ANIMAL LICENSES
FUEL SALES
GROL-.~D MAINT
PARK RENTAL
PE1C~IIT-ENCILMT.
TOTAL GENERAL FUND
FISCAL YEAR 2000-01
REVISED ESTIMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if different)
$ 1,230.000
547.705
YEAR-TO-DATE
1131/01 1/31/01
ESTIMATE ACTUAL
770,379 $ 889,548
(~D)
ACTUAL/
1/31
ESTIMATE
15.5%
1,777,705 770.379 889.548 15.5%
980,000 571,667 729,392 27.6%
80.000 46.667 46,963 0.6%
1.060,000 618.333 776.355 25.6%
288.800 168.467 245.609 45.8%
400,000 233,333 311,250 33.4%
275,000 160.417 172.329 7.4%
963,800 562,217 729.188 29.7%
235,000
178,500 104,125 107.929 3.7%
92,000
282.296 164.673 164,478 -0.1%
787,796 268.798 272.407 1.3%
282.333
180.000 188.448
110,820
820,342 969.242
1,406.300
56O
15.700
9,158 7,824
4.7%
100%*
18.2%
-14.6%
1,422,560 829.500 1.087.886 31.1%
254,308 264.695
8,750 15.000
26.250 17,632
233,333 479,107
49,000 50,278
5,747 6.303
5.833 7.332
8.167 9,003
4,667 7.513
5,833 4.670
2.917 1,000
2.917 2,736
31.500 47.040
610,338
15.000
45,000
400,000
55,800
9,852
10.000
14,000
8,000
10,000
5.000
5,000
54.000
4.1%
71.4%
-32.8%
105.3%
2.6%
9.7%
25.7%
10.2%
61.0%
-19.9%
-65.7%
-6.2%
49.3%
1.241,990 639.221 912.308 42.7%
7,536,184 $ 3,868,448 $ 4,856,140 25.5%
(1)
(2)
(3)
(4)
(5)
(5)
(6)
(7)
(8)
(4)
JANUARY2001\REVENUE Page 3 2/16/01
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED -- 58.33%
REVENUES
TITLE
FISCAL YEAR 2000-01
ORIGINAL
BUDGET
REVISED ESTI.NLATED
BUDGET ACTUAL
(if different) (if different)
SPECIAL REVENUE FUNDS:
COPS-SLESF SP REV FD
100 SUPPL LAW ENFORCE
TRAFFIC SAFETY SRF
110 REFUNDS & REIMB.
CROSSING GUARD MATCH
FINES-VEHICLE CODE
' TOTAL TRAFFIC SAFETY SRF
STREETS & ROADS SRF
150 REFLLNDS & REIMB.
ST HIGHWAY USER 2107.5
ST HIGHWAY USER 2106
ST HIGHWAY USER 2107
ST FHWA REIMB.
ST 2105 S&H CODE
TEA-21
CALTRANS-SARATOG,aJSV RD.
AB 434 CLEAN AIR GRANT
MEASURE B
TOTAL ST&RDS SRF
TRANSPORT DEVELOP ACT SRE-CAP PROJ
160 TOTALTDA
HILLSIDE REPAIR SPY
170 INTEREST
HILLSIDE STREET REPAIR
TOTAL HILLSIDE REPAIR SRE
LANDSCAPE/LGTNG SPY
180 PROP. TAX
SPECIAL ASSESSMENT
INTEREST
TOTAL LANDSCAPE/LGTNG SRE
DEVELOPMENT SRF
250 GEOLOGY REVIEW FEES
ENGINEERING FEES
PLAN.-NING FEES
ARBORIST FEE
MAP/PUB/OTHER SALES
DOCUMENT STRG FEES
PERMITS-BUILDING
PERMITS-GRADING
TOTAL DEVELOPMENT SRE
70,128
3,500
150,000
153,500
140,835
6,000
150,744
270,325
1,404,000
193,095
224.082
2,006,000
324.294
377,252
364,835 364,835
1,180,000 1,180,000
5,096,627 5,096,627 5,096,627
97,234
800
5,288
6,088
73,750
102.204
2.000
177.954
65.000
60.000
350,000
60,000
200
13,000
900.000
60.000
1,508,200
YEAR-TO-DATE
1/31/01 1/31/01
ESTIMATE ACTUAL
(YTD)
ACTUAL/
1/31
ESTI.~£ATE
100.000 100.000 0.0% (9)
50,000 52.783
50,000
305.838 319.321
6~000 6,000
87,934 82,548
157,690 146.034
112,639 109.692
2.006.000 2,006,000
190,000 193,528
2,866,101 2,863,124
3.08~ 2.517
3,085 2.517
5.6%
5.6%
4.4% (10)
0.0%
-7.4%
-2.6%
-18.4%
-18.4%
43.021 59.106 37.4% (1)
59,619 56.059 .-6.0% (12)
102,640 115,165 12.2%
37.917 47.784 26.0% (4)
35,000 62,791 79.4%
204,167 260,322 27.5%
35,000 59,046 68.7%
7.583 8.257
525,000 691,162
35,000 41,350
879,667 1,170,712
8.9%
18.1~
JANUARY200 I',,REVEN O E Page 4 2/16/01
TITLE
ENVIILNMNTAL PRG SKF
ST REFUSE SURCHG AB939
ENVIRONMENTAL FEES
TOTAL ENVIRON PRG SRF
HOUSING&COMM DEV SKF
270 HCD/CDBG/SHARP GILaNTS
INTEREST
SI-LaRP LO.aN REPAYMENT
TOTAL HOUSING/COMM DEV SRF
RECREATION SKF
290 FRIENDS OF WARNER HUTTON HOUS
SPORTS LEAGUE FEES
CAMP FEES
EXCURSION FEES
CLASS/SPECIAL EVENT
COMM. CTR.SNACK BAR SAKES
REDWOOD SPORTS PRGM.
TEEN SERVICES
TEEN SNACK BAR SALES
WAILNER HUT[ON CONTRIBUTIONS
TOTAL RECREATION SRF
FACILITY OPS SKF
292 BUILDING RENT
TOTAL FACILITY OPS SRF
THEATER TCK SRCHG SKF
293 THEATERTCK SRCHG
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUNDS
PARK DVLPMNT CAP PRJ ~D
310 PARK DEVELOPMENT
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
REVENUES
FISCAL YEAR 2000-01
REVISED ESTI_~L~TED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if different)
30,479
517,067
547,546
259,928 362.429.00 362,429.00
3,000
YEAR-TO-DATE
1/31/01
ESTIMATE
1~1~1
ACTUAL
17.779 14,803
301,622 316,827
319.402 331,630
1,750 940
(YTD)
ACTUAld
1/31
ESTI.XL~TE
-16.7%
5.0%
3.8%
-46.3%
262,928 $365,429 $365,429 1,750 940 -46.3%
5,000 5.000
25.000 29.186
43.767 34,691
55,000 47,110
212.500 212,726
17.500 12.995
21,250 13,534
10,000
32,000
131.300
100,000
425,000
1,500
30,000
51,000
1.500
0.0%
16.7%
-20.7%
-14.3%
0.1%
-25.7%
-36.3%
782300 380,017 355,242 -6.5%
120.000 70.000 71.227 1.8%
120,000 70,000 71,227 1.8%
25,000 14.583 13.973 -4.2%
8,847.505 4,787.244 5,077.313 6.1%
38,813 30.684
93,150
-20.9%
JANUARY200 I',REVEN U E Page 5 2/16/01
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
REVENUES
TITLE
FISCAL YEAR 2000-01
REVISED ESTI.~LATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if different)
DEBT SERVICE FUND:
LIBRARY BOND DEBT SRV FND
400 PRINCIPAL
INTEP~ST
OTHER
TOTAL LIBRARY BOND DEBT
85.000
8,408
270
93,678
AGENCY FUNDS:
LEONARD RD DEBT SER FL,~D
-420 SERVICES (ASSESS DISTRICTS)
CA TV TRUST FUND
720 INTEREST INCOME
'PRK DST#2 DBT S1UAGNCy FD
730 SERVICES (ASSESS DISTRICTS)
PRK DST#3 DBT SR/AGNCY FD
740 SERVICES (ASSESS DISTRICTS)
DEPOSITS AGENCY FL.~D
800 DEPOSITS
SARATOGA PFA AGENCY FL~D
990 INTEREST INCOME
TOTAL AGENCY FUNDS
GRAND TOTAL
11,700
4,200
171,731
20,000
207,631
16,778,148 16,875,649 16,875,649
YEAR-TO-DATE
1/31101 - 1/31/01
ESTI~LZ, TE ACTUAL
85,000 85,000
8.407 8.408
270 200
93,677 93,608
(YTD)
ACTUAL/
1/31
ESTIMATE
0.0%
0.0%
-25.9%
-0.1%
6,825 4.817 -29.4%
2.450 2.372 -3.2%
85,866 80,922
95,141 88,111
$ 8,883322 $ 10,145,855
-5.8%
-7.4%
14.2%
REVENUE NOTES:
(I) Property Taxes-Secured property mx paid in Decembcr/Januao-'and April/May.
-(2) Sales tax revenues are higher than originally budgeted.
(3) ProperLy Transfer taxes are higher than orginally budgeted duc to thd increase in real estate transactions:
(4) Development Fees-Development activity remains higher than orginally budgeted.
(5) Franchise Fees from PG&E and SJ Water received in April and February respectively.
(6) State monies for California Law Enforcement Equipment Program/CLEEP)
(7) Motor Vehicle License fees are higher than orginall.v budgeted.
(8) Interest income revenues arc higher than originally budgeted.
(9) State monies for COP program received in October.
(10) Streets&Roads Refunds&Rcimb.-Traffic Congestion Relief monies ($223,242) and Quito Road reimbursement ($95,234) received in October.
(11) State of CA CALTILANS monies ($2.006,000) received in December 2000.
(12) Assessment Revenues-Paid in December/Januao- and Aprib..%lay.
JANUARY2001 \REVEN Ul= Page 6 2/16/01
I
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 3i, 2001
PERCENT OF YEAR ELAPSED = 58.33%
EXPENDITURES
001
100
110
150
160
180
250
260
270
290
292
293
310
32O
4OO
420
700
720
730
740
800
990
FISCAL YEAR 2000-01
REVISED
ESTLXLATED
ORIGINAL- BUDGET ACTUAL
TITLE BUDGET (if differenO Of different)
EXPENDITURE RECAP BY FU~gqD
GENERAL FL'ND S 5,523,254 $
SPECLAL REVENUE FUNDS
COPS SUP. LAW ENFORCEMENT 86,806
TRAFFIC SAFETY SRF 26,090
STREETS&ROADS SRF 5,654,413
TRANS DEV ACT SRF-CAP PROJ 169,200
LANDSCAPE:LGTNG SRF 177,740
DEVELOPMENT SRF 1,646,522
ENVIRONMENTAL PRG SPY 621.380
HOUSING & COMM DEV SRF 191,806
RECREATION SPY 1,045,808
FACILITY OPS SPY 224,128
THEATER ICK SRCHG SPY 41,516
TOTAL SPECL-XL REVENUE FL'N
CAPITAL PROJECTS FL:NDS:
PARK DE\~ELOPMENT
LIBILM~Y EXP.g2qSION
TOTAL SPECLAL REVENUE FUN
5,823,605
5,884,003
287,821
S5,823,605
5,884,003
287,821
DEBT SERVICE FL'ND:
LIB1LM~Y BONDS DEBT SVC
TOTAL AGENCY FUNDS
LEONARD ROAD DEBT SVC
QU.M~RY CREEK PROJ
C.A. TV TRUST FLLND
PARKING DIST =2 DEBT SVC
PARKING DIST =3 DEBT SVC
DEPOSIT .AGENCY FUND
S.M~XTOGA PUBL FIN AGNCY
TOTAL AGENCY FL'NDS
TOTAL ALL FL'NDS
YEAR-TO-DATE
1/31/01
ESTI.~LATE
1/31/01
ACTUAL
3,116,474
3,180,785
36,169
13.045
1,861.878
169.200
103.682
806.187
207.536
139.204
593.979
130.741
6.763
27.881
3,814
850,037
169.200
97,108
814,452
160,224
239,773
549,390
135,124
5,837
O'TD)
ACTUAIJ
ESTISL~TE
-2.0%
-22.9°o
-70.8Oo
-54.3%
0.0Oo
-6.3%
1.0%
-22.8%
72.2%
-7.5%
3.4°-o
-13.7Oo
9,885,409 10,211.014 10,211,014 4,068,385 3,052,840 -25.0%
2,037,027 2,037,027
1,769,661
1,000,000
225,000
300.000
215,738
293,750
-4.1oo
-2.1%
2,769,661 3,037.027 3,037,027 525,000 509,487 -3.0%
93,829 93.829 92,158 -1.8%
8,500
149,000
8,15i
155,078
11,700
171,731
4.1%
183,431 157,500 163,229 3.6%
S 18.455.584 $ 19,348,906 S19,348,906 S 8,025,499 S 6,934,188 -13.6%
JANUARY2001 EXPEND. Page 7 2-16 01
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
EXPENDITURES
TITLE
FISCAL YE.Mi 2000-01
REVISED ESTIMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (ff different)
001 GENERAL FUND
1005
1010
1015
1020
1025
1030
1035
1040
1045
1050
1060
1065
1070
2005
2010
2015
2025
3030
3035
4005
7005
7010
7020
9010
CITY COUNCIL
CONTINGENCY
CITY COMMISSIONS
CITY ~L~NAGER'S OFFICE
CITY ATTORNEY
CITY CLERK
EQUIPMENT OPERATIONS
FINANCIAL I~,LaaNAGEMENT
HUMAN RESOURCES
GENERAL SERVICES
FACILITIES MAINTENANCE
MANAGEMENT INFORbfATION SYS.
PUBLIC INFORMATION
EMERGENCY PREPAREDNESS
CODE ENFORCEMENT
POLICE SERVICES
ANIM,~L CONTROL
PARKS/OPEN SPACE
GENERAL ENGINEERING
ADVANCED PLANNING
SENIOR SERVICES
COMMUNITY SUPPORT
ECONOMIC DEVELOPMENT
CAPITAL PROJECTS
SUBTOTAL
LESS OVERHEAD
TOTAL GENERAL FUND
S46.500
200.000
84.935
324.667
363.900
85.470
356.5O7
380.726
162.782
127.430
344233
332.252 332,252
406,701 406,701
418,142 418,142
216,589 243,946 243,946
22,696
40,876
47:416
2,526.488
173.825
668.333
195.432
108.663
34.853
71.400
100.000
454.410 556,911.00 556,911.00
7,138,131 7,466,958 7,466,958
(1,614.877) (1,643,353) (1,643,353)
$ 5,523,254 $ 5,823,605 $ 5,823,605
715.368 715.368
205,362 205,362
155.472 155,472
YE.Mi-TO-DATE
1/31/01 1/31/01
ESTIN£ATE ACTUAL
$27,125 S34.003
42,468 35.769
193,814 177.639
212,275 269,368
49,858 55.920
95,000 87.350
243,916 218.917
81,391 81.342
63.715 62.262
172.117 166.926
121.973 122.638
11.348 6.428
20.438 12.756
27.659 22.279
1,469.000 1,460.251
101.398 64.549
417.298 360.108
119.795 99.683
90.692 69.652
20.331 16.475
41.650 42.508
25.000 24.650
260.000 250.398
3,908,259 3,741,871
(727,474) (625.398)
S 3,180,785 S 3,116,474
O-rD)
ACTUAIJ
1/31
ESTINLATE
25.4% (13)
-15.8%
-8.3% (14)
26.9% (15)
12.2%
-8.1%
-10.2% (16)
-0.1%
-2.3%
-3.0%
0.5%
-43.4%
-37.6%
-19.5%
-0.6'
-13.7% (18)
-16.8% (19)
-23.2% (20)
-19.0%
2.1%
-1.4%
'-3.7%
-4.3%
-14.0%
-2.0%
JANU.-MR. Y2001 ~ EXPEND Page 8 2/16/01
C1TY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED -- 58.33%
EXPENDITURES
TITLE
SPECIAL REVENUE FUNDS:
100 2030
COPS SUP. K~W ENFORCEMENT
PLUS OVERHEAI)
TOTAL COPS SRF
110 2020
TRAFFIC SAFETY SRF
PLUS OVERHEAD
TOTAL TRAFFIC SAFETY SRF
150
STREETS&ROADS SRF
3005 STREET N~M'NTENANCE
3010 SIDEWALKS AND TRAILS
3015 TRAFFIC CONTROL
3020 FLOOD AND STOP~M DRAIN CONTR
3025 MEDIANS .AND PARKWAYS
5010 CONGESTION NLANAGEMENT
9000 CAPITAL PROJECTS
SUBTOTAL
PLUS O%~ERHEAD
TOTAL STREETS&ROM)S SRF
160 9010 TIL~NS DEV ACT SRF-CAP PROJ
180 3040
L-kNDSC.APE/LGTNG SRF
PLUS OVERHEAD
TOTAL L&NDSC.M~E/LGTNG SRF
250
4010
4015
4020
DEVELOPMENT SRF
ZONING ADMINSTRATION
INSPECTION SERVICES
DEVELOPMENT REGULATION
SUBTOTAL
PLUS OVERHEAD
TOTAL DEVELOPMENT SRF
260
5005
5015
9000
ENVIRONMENTAL PRG SRF
INTEGRa, TED WASTE MGMT
STORM WATER MANAGEMENT
C:MP PROJ(STREET STORM DR)
SUBTOTAL
PLUS OVERHEAD
TOTAL ENVIRNMNTAL PRG SR
FISCAL yE.a~R 2000-01
ORIGINAL
BUDGET
REVISED
BUDGET
(if differenO
ESTI_~£STED
ACTUAL
Of differenO
75,465
11,341
86,806
25,100
990
26,09O
1,753,975 1,915,836 1,915,836
91,404
193,244 194,312 194,312
126,067
135,128
324,770 328,851 328.851
2,493,000 2,533,783 2.533,783
YE.~R-TO-DATE
1/31/01
ACTUAL
31,444 24,239
4,725 3,643
(TTD)
ACTUAL/
1/31
ESTIMATE
-22.9%
-22.9%
1/31/01
ESTISL~TE
36.169 27,881 -22.9%
12.550 3,669 -70.8%
495 145 -70.8%
13,045 3,814 -70.8%
1,117,571 318,827
70.000 66,002
113.349 53,859
73.539 44,804
78.825 61.918
191.830 186.926
40.000 36,999
5,117.588 5,325,381 5,325,381 1,685,113 769,335
536,825 558,622 558,622 176.765 80,702
5,654,413 5,884,003 5,884,003 1,861,878 850,037
169,200 169,200 169,200 0.0%
153,626 89,615 83,934 -6.3%
24,114 14,067 13,175 -6.3%
177,740 ~03,682 97,108 -6.3%
481.675
440,005
178,583
280,977 284.150
183,335 182,269
74,410 77,826
-71.5% (21)
-5'7°'0 ~
-52.5%
-39.1%
-21.4%
-2.6%
-7.5°0
-54.3*/°
-54.3°.0
-54.3%
-0.6%
4.6%
1,100,263 538,722 544,245 1.0%
546,259 267,465 270,207 1.0%
1,646,522 806,187 814.452 1.0%
98.940 55,684
81,295 83,463
180,235 139,147
27,301 21,077
197,880
307,258
34,500
539,638
81,742
207,536 160,224
621.380
· 43.7% (22)
2.70.0
(23)
-22.8%
-22.8%
_22.8°,,o
JANUARY2001 EXPEND. Page 9 2:16/01
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
EXPENDITURES
TITLE
HSCAL YE.M~ 2000-01
REVISED ESTLMATED
ORIGINAL BUDGET ACTUAL
BUDGET (if different) (if different)
270
7015
9000
290
6005
6010
292 6020
293 6015
HOUSING&COMM DEV SRF
HCDA .aDMINISTRATION
C.~ PROJECTS (SR CTR & ADA)
SUBTOTAL
PLUS OVERHEAD
TOTAL HOUSING&COMM DEV SRF
RECREATION SRF
RECREATION
IEEN SERVICES
SUBTOTAL
PLUS OVERHEAD
TOTAL RECREATION SERVICES
FACILITY OPS SRF '
PLUS OVERHEAD
TOTAL FACILITY SRF
THEATER TCK SRCHG Sill:
PLUS OVERHEAD
IOTAL IHEAIER TCK SRCHG SRE
TOTAL-SpECL~LREVENUE FUNDS
153,463
25,000 114,336 114,336
178,463 267,799 267,799
13,343 20,022 20,022
191,806 287,821 287,821
659,566
149,180
808,746
237,062
1,045,808
67,756
156,372 -
224,128
34,687
6,829
41,516
9,885,409 10,211,014 10,211,014
CAPITAL PROJECTS FUNDS
310 9010 PARK DEVELOPMENT
320 9010 LIBRARY EXP.a~NSION
TOTAL SPECIAL REVENUE FUNDS
1,769,661
1.000,000
2,037,027 2,037,027
2,769,661 3,037,027 3,037,027
DEBT SERVICE FUND:
400 8015 LIBRARY BONDS DEBT SVC
93,829
YEAR-TO-DATE
1/31/01 1/31/01
ESTIMATE ACTUAL
89,520 185,376
40.000 37.717
129,520 223,093
9.684 16,680
139,204 239,773
384,747 355,775
74,590 69,080
459,337 424,855
134.642 124,535
593,979 549,390
39,524 40,849
91,217 94.275
130,741 135,124
5,651 4,877
1.112 960
6,763 5,837
4,068,385 3,052,840
225,000 215,738
300.000 293,750
525,000 509,487
93,829 92.158
O'TD)
ACTUAL/
1/31
ESTIMATE
107'. 1% (24)
-5.7%
72.2%
72.2%
72.2%
-7.5%
-7.4%
-7.5%
-7.5%
-7.5%
3.4%
3.4%
3.4%
-13.7°4
-13.7%
-25.0%
-4.1%
-2.1%
-3.0%
-1.8% (25)
JANUARY200 I',EXPEND. Page 10 2/16/01
CITY OF SARATOGA
SEVEN MONTHS ENDED JANUARY 31, 2001
PERCENT OF YEAR ELAPSED = 58.33%
EXPENDITURES
TITLE
AGENCY FL _~IDS:
420 8020 LEONARD ROAD DEBT SVC
720 1040 C.A. TV TRL'ST FUND
730 8005 PARI~NG DIST #2 DEBT SVC
740 8010 PARI~NG DIST #3 DEBT SVC
990 1040 SARATOGA PUBL FIN AGNCY
TOTAL AGENCY FL-NDS
TOTAL EXPENDITURES
FISCAL YEAR 2000-01
REVISED ESTI.~LATED
ORIGINAL BUDGET ACTL'AL
BUDGET (if different) (if different)
11,700
171,731
YEAR-TO-DATE
1/31/01
ESTISLATE
1/31/01
ACTUAL
8,500 8,151
149,000 155,078
183,431 157.500 163,229
18,455,584 $ 19,348.906 S 19,348,906 $ 8.025,499 S 6,934,188.
(YTD)
ACTUAL/
1/31
ESTI.~LATE
-4.1% (26)
4.1% (26)
3.6%
-13.6%
EXPENDITURE NOTES:
(13) Recognition event paid in Nov.'00. Mid-year budget adj.proposed for conference costs.
(14) SalaD' savings. Unfilled positions in Ci~' Manager's Office.
(15) Saratoga Creek litigation settlement costs and .&BAG insurance premium. Mid-year bud.adj.proposed
(16) Audit fees and Infrasctructure inventor5.' costs not paid until later in the fiscal year.
(17) Joint Powers Authority_' forming for Animal Control. City dues.
(18) General contracts for playground safety consultant and trail maintenance will be entered and paid later in the year.
09) SalaD' savings. Unfilled positions in Engineering Dept.
(20) Consultant services for Housing Element update will not be paid until work is completed.
(21) Services for Pavement Program, street stripping, emergency work_ and medians maintenance will not be paid until work is completed.
(22) Ci~' Clean-Up Day (S35,000) scheduled for Max'.
(23) Street storm drain repairs to be completed later in the fiscal year.
(24) Senior Center upgrade expenses (S68,450) to be transferred from CDBG Fund to the Park Dev. Fund. Mid-Year bud.adj.proposed.
(25) Debt service payments made in December and June.
(26) Debt service payments made in September and March.
JANUARY2001 EXPEND. Page 11 2' 16-01
CITY OF SARATOGA
Cash and Investment Report
Balance as of January 31, 2001
Type Institution
Unrestricted Cash & Investments:
Acquisition
Date
FDR* Book Market Par -Maturity
Rating Value Value** Value Yefld Date Term
Anticipated
Cash:
DD Comerica Bank - Savings
CK Comerica Bank - SWEEP Account
CK Comerica Bank - Pasxoll Checking
Subtotal Cash
L.A.I.F. & Investments:
MF L.A.I.F.
NA
N/A
N/A N, A
0703/99 AAA
10/14~98 .4-4_A
$141,448 $141,448 $141,448 2.000% Revolving I $236
398,568 398,568 398,568 0.000% Revolving I 0
6.772 6.772 6.772 0.000q ~ Revolving I 0
CD San Jose National Bank
CD Heritage Bank of Commerce
Subtotal CDs
Subtotal L.A.I.F. & Investments
Subtotal Unrestricted Cash & Investments
Restricted Cash & Investments:
SV San Jose National Bank - CDBG
ES US Bank-Library Debt Service
CK Wells Fargo Bank - CDBG
CK Wells Fargo Bank - CDBG
N:A
N-.4. .A 4-4.
N A
Subtotal Restricted Cash & Investments
Total Cash and Investments
Benchmark Yield Comparison
546,788 546,788 546.788 0.517% 1 236
16,481,116 16,692,671 16,481,116 6.538% Revolving 1 89.795
500.000 500.000 500.000 5.900% 07;03;01 365 ~ 4q8
595,948 595.948 595,948 5.650% 10;14/01 365 2.806
1,095,948 1,095.948 1,095,948 5.764% 365 5.264
17.577.065 17,788,619 17,577.065 6.490% 183 95,059
18.123.853. 18,335.408 18,123,853 6.310% 92 9~.,9~.~ q
64,043 64,043 64,043 2.530%
2,950 2,950 5,458 0.000%
26,313 26,313 26,313 0.000%
6,505 6,505 6,505 0.000%
Revolving I 135
Revolving I 0
Revolving I 0
Revolving I 0
99,811 99.811 102,319 1.623%
S18,223,664 $18,435_~1S : $18.226A72:6.284%
3 Month Treasury 5.9'7%] 1 Year Treasut?'
135
Schedule of_Maturities:
Immediate 5; 17,127,716
FY 1999-2000 1,095,948
Total $18.223.664
General Fund Loans Receivable:
Hakone Foundation =
Reserve Analysis:
General Fund Resen'e requirement adopted 4:5/00:
General Fund Balance as of !/3 l;01.
Avaffable Funds:
Unrestricted Pooled Cash & Investments available for current year expenses in all funds:
(Includes unrestricted funds maturing within the current fiscal 3'ear)
Maturity
Principal Rate Date Term
$145,397 6.500% 03/01/2004 3.650
$2.114.497
$10,767,42~
S17.027,905
NOTES:
DD - Dire~ Deposits CK - Checking Account NH* - Mutual Fund SV - Savings Account ES - Escrow Account
* FDR = The Financial Director' rating is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal
Home Loan Bank Board. Ratings based on information released July 1998.
**Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company.
# This loan is noted for memorandum purposes only. The loan is amortized per the agreement with the Hakone Foundation. No payments are received.
This report reflects Pooled Cash, Investments and Restricted Cash which are available resources to fund operations, debt service and capital improvements. Other interest bearing
assets (notes receivable) are listed above. Debt service reser~'e funds held by trustees are restricted pursuant to indenture covenants and have been excluded from this report.
Pursuant to Government Code Section 53646. the City's investment portfolio is in compliance with the adopted investment policy and there are adequate resources to meet
anticipated pool expenditure requirements for the next six months.
Subfnittec~ bx': /
01-01~,,EPO xls
Approved by: 2/14/01
CL'naudited Results)
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001
DEPT: CommuniD' Development
PREPARED BY: Kristin Borel
AGENDA ITEM:
CITY M:.~.NAGER','~
DEPT HEAD:
SUBJECT: Planning Commission Actions, February 14, 2001
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMM.MtY:
Attached are the Planning Commission Action Minutes of February 14, 2001.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
N/A
.M)VERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Action Minutes - Saratoga Planning Commission
CITY OF SAtL'4TOOA PLANNING COMMISSION
ACTION MINWFES
DATE:
PL-kCE:
TYPE:
\Vednesday, FebruaD' 14.2001 - 7:30 p.m.
Council Chambers/CMc Theater, 130 Fruit~'ale Avenue, Saratoga, CA
Regular Meeting
ROLL CALL: Chairman Page, Commissioners Ban5,-, Bernald, Jackman, Kurash, Patrick and Roupe
STAFF: Planners Connolly and Schubert, and Minutes Clerk Shirm
PLEDGE OF ALLEGIANCE
MINUTES -Regular Meeting minutes fromJanuan,' 24, 2001.
OR_AL COMMUNICATIONS
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted FebruatT 9, 2001.
TECHNICAL CORRECTIONS TO PACKET
CONSENT CALENDAR
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 x~itten 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 communication should be fried on or before the Thursday before the meeting.
DR-00-011, SD-00-001, and V-00-018 (517-08-008 fsz 016) - TRAFALGAR INC.,
14612 Big Basin \.Vay & 20717 St. Charles Street; - Request for Design Review, Vesting
Tentative SubdMsion Map and Variance approval to allow the subdMsion of a 22,582
net square foot site into six lots ranging in size from 1,756 square feet to 2,489 square feet
and two additional common area lots. The proposal calls for demolishing four existing
residences with garages totaling 4.595 square feet and 1,000 square feet of retail space
that includes a second ston,' fiat. Five new t~vo-ston,, townhouses with garages will be
constructed at the rear of the site. Additionally, 1,316 square feet of retail space with a
second sion,? condominium would face Big Basin YVay. The Big Basin \¥ay portion of the
site is zoned CH-2 and the St. Charles Street portion is zoned R-M-3000. A rear yard
setback variance has been requested for a building on the CH-2 portion of the site.
(CONTINUED 7-0 TO 3/14/01)
FEBRUARY 14, 2001
o
DR-00-048 (510-06-014) - ONG, 19051 Austin Way; - Request for Design Review
approval that xx511 involve the demolition of an existing 3.855 square foot single ston,'
residence and construct a new single ston,- 6,393 square foot residence. Maximum height of
the structure xx211 be 23 feet. The 60,448 square foot parcel is located in an R-I-40,000
zoning dismct. (APPROVED 6-1, KURASH OPPOSED)
UP-01-001 (397-24-093 & 094) - PINN BROTHERS, 20075 Spaich Court; - Request
for Use Permit approval to construct a new 930 square foot cabana which would be 12 feet,
6 inches in height. A Use Permit is required to allow the structure to be built within 33 feet
of the rear yard propert3,' line rather than the required 59 feet, and to be 12 feet, 6 inches m
height where the maxqmum allowed height is 12 feet. There is an existing 4,W3 square foot
house on the 41,747 square foot parcel which is located xvithm an R-I-20.000 zoning
district. (APPROVED 5-2, BARRY AND KUtLASH OPPOSED)
DIRECTOR ITEMS
COMMISSION ITEMS
COMMUNICATIONS
- \Vritten - Saratoga City Council Minutes fromJanuaU' 17, 2001.
ADJOURNMENT AT 9:55 P.M. TO NEXT MEETING
\Vednesday, February,' 28. 2001 Council Chambers/Civic Theater
13777 Fruin'ale Avenue, Saratoga, CA
SARATOGA CITY COL'~ICIL
MEETING DATE: February 21, 2001
ORIGINATING DEPT: Public Works
PREPARED BY: ~' ~~
AGENDA ITEM:
CITY MANAGER:
SUBJECT: Traffic Signal Maintenance- Award of Maintenance Contract
RECOMMENDED ACTION(S):
1. Move to award a monthly traffic signal maintenance contract to Republic Electric in the amount
of S975 per month and authorize the CiB' Manager to execute a maintenance contract for the
same.
REPORT SUMMARY:
Request for Proposals (RFP) were received on January 8th (see attached proposals). A total of two
contractors submitted proposals. Republic Electric submitted the lowest proposal at S975/month
and the City's current contractor, Peek Traffic, submitted the second proposal at $1128.01/month.
Because the City has been increasingly dissatisfied with the traffic si~onal maintenance se~'ices
being performed by the City"s current contractor, coupled with the fact that the Citv had not
solicited proposals for traffic sig'nal maintenance since 1995, staff felt it was a pruc~ent time to send
out an RFP for this sen'ice.
It is therefore recommended that the Council award a traffic signal maintenance contract to
Republic Electric and authorize the City Manager to sign a contract for the same. Staff has carefully
checked the proposal along with the listed references.
FISCAL IMPACTS:
Funding for this work is pro~ammed in the adopted budget in Activity 5015 (Traffic Control) -
Account No. 4015 (Maintenance Sen'ices).
CONSEQUENCES OF NOT FOLLOVv'ING RECOMMENDED ACTION(S):
Republic Electric will not be awarded a traffic signal maintenance contract. However, staff does
not believe that a lower proposal will be obtained due to the competitive nature of the current
proposals received and the limited number of contractors providing this service.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The contract will be executed.
.-kDVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Traffic Signal Maintenance Contract.
2. Proposals.
CITY OF SARa, TOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by .and between the CITY OF
("('itv"~
SARAIOGA. a municipal corporation, v : ,, and Republic Electric. ("Contractor").
who a~ee as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the work
product described in Exhibit A of this A~eement; and
V~-IEREAS, 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 a~eeable to providing such work product on the terms and
conditions hereinafter set forth.
NOW THEREFORE, the parties hereto a~ee as follows:
1. RESULTS TO BE ACHEIVED. Subject to the terms and conditions set forth in
this A~eement, 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 A~eement until receipt of a fully executed
Purchase Order from the Finance Department of the City of Saratoga.
2. TERM. The term of this A~eement commences on May 1, 2001, and extends
through July 1, 2002 unless it is extended by written mutual a~eement between the
parties, provided that the parties retain the right to terminate this A~eement as provided
in Exhibit D at all times.
3. PAYMENT. City shall pay Contractor for work product produced pursuant to
this A~eement at the time and in the manner set forth in Exhibit B ("Pa3Jnent"). The
payrnents 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
A~eement. 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 customar)'
procedures and practices which Contractor uses for billing clients similar to City.
Standard Independent Contractor A~eement
Last pnnted 2/15/01 6:31 AM
A:'Standard Contract (5-25-00)signal.doc
Page 1 of 4
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities
and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and
equipment which may be required for completing the Scope of Work pursuant to this
A~eement. 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 a~ee 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
A~eement, the other term or condition shall control insofar as it is inconsistent with the'
General Provisions.
6. EXHIBITS. All exhibits referred to in this A~eement are attached hereto and
are by this reference incorporated herein and made a part of this A~eement.
7. CONTRACT .M)MINISTRATION. This A~eement shall be administered on
behalf of City by John Cherbone ("Administrator"). The Administrator has complete
authority to receive information, interpret and define City's policies consistent with this
A~eement, and communicate with Contractor concerning this A~eement. 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 A~eement shall be in writing and may be given either personally, by
certified mail, return receipt requested, or by overnight express cartier. 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:
Republic Electric
7120 Redwood Blvd.
Novato, CA 94945-4114
Standard Independent Contractor Ag-reement
Last printed 2/15/01 6:31 AM
A:~Standard Contract (5-25-00)signal.doc
Page 2 of 4
Notices to City shall be sent to:
John Cherbone, Public Works Director
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 A~eement supersedes any and all a~eements.
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 a~eements
between the parties with respect to the rendering of such services in any manner
whatsoever. Each party to this A~eement acknowledges that no representations,
inducements, promises or a~eements, 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
a~eement, statement or promise not contained in this A~eement shall be valid or
binding. No amendment, alteration, or variation of the terms of this A~eement shall be
valid unless made in writing and signed by the parties hereto.
IN' WITNESS WHEREOF, the parties hereto have executed this A~eement.
CONT1L,-5.CTOR:
By:
Print Name:
Date:
Position:
Standard Independent Contractor A~eement
Last printed 2/15/01 6:31
A:\Standard Contract (5-25-00)si_maal.doc
Page 3 of 4
CITY OF SPd~.TOGA, a municipal corporation
By:
Naine:
Title:
.'aPPROVED AS TO FORM:
Date:
By: Date:
City Attomey
APPROVED AS TO BUDGET AUTHORITY AND hNSURANCE:
By: Date:
Administrative Sen, ices Director
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
Standard Independent Contractor A~eement
Last pnnted 2.'15/01 6:31 AM
A:'~qtanclard Contract (5-25-00)signal.doc
Page 4 of 4
EXHIBIT A
SCOPE OF WORK
1. Contractor a~ees to fumish all labor, material and equipment to perform all work necessary to
maintain traffic sig-nal facilities within the jurisdiction of City, all in accordance with the terms
herein. Contractor is to do all such work and provide such material, as an independent contractor,
subject to inspection and approval by City, Saratoga Police, South County Fire. the Director of
Public Works, or any other agent designated by City'.
2. Contractor a~ees to the following preventative maintenance:
LIST OF LNTERSECTIONS
· Contractor will maintain the following traffic signals:
o Quito Rd./Allendale Ave.
o Quito Rd./Pollard Rd.
o Saratoga-Sunn,wale Rd./Reid Ln./Gerald Zapelli Ct.
o Saratoga-Sunnswale Rd./Herr/man Ave.
o Saratoga-Sunnyvale Rd./131auer Dr.
o Saratoga-Sunnyvale Rd./Pierce Rd.
o Saratoga-Sunn.,,wale Rd./Cox Ave./Wardell Rd.
o Saratoga Ave./Cox Ave.
o Saratoga Ave.:¥ineyard Ln./l~ell~ove Cir.
o Saratoga Ave.,'T)agmar Dr.
o Saratoga Ave./Scotland Dr.
o Saratoga Ave./Truitvale Ave.
o Fruitvale Ave.-'Allendale Ave.
MONTHLY ROUTINE MA/NTENANCF · Visually inspect controller for proper operation.
· Visually inspect all vehicular and pedestrian signals for proper operation. Check and
actuate each pedestrian push button for proper operation.
· Visually inspect all illuminated street name sins for proper operation including lamps
and photo cells.
· Manually record inspection date and time in controller cabinet and send written
confirmation of monthly inspection with recommendations to City by intersection.
3 - MONTH ROUTLN-E MAINTENANCE (In addition to monthly)
· Visually inspect roadway along loop detectors for possible exposed wires, cracks and pot
holes. Check detector amplifiers and tune if needed.
· Manually record inspection date and time in controller cabinet and send written
confirmation of 3-month inspection with recommendations to City by intersection.
Exhibit A
Last pr/nted 2/15~0i 8:03 AM
A:\Standard Contract Ex. A (5-25-00)signal.doc
Page 1 of 3
6 - MONTH ROUTLNE MAINTEN.&NCE (In addition to monthly and 3-month) · Check controller cabinet filter.
· Check ~ound rod clamp and wire.
· Check wire schematics and records to make sure they are in the cabinet.
· Check operation of the fan.
· Check operation of ~ound fault receptacle.
· Measure voltage at service inputs in cabinet and record. Visually check for bent visors
and backplates.
· Visually check inte~m-ity of splices.
· Visually check for wear and function on electromechanical controllers.
· Check the time setting and match with time sheet on electromechanical and solid state
controllers.
· Manually record inspection date and time in controller cabinet and send written
confirmation of 6-month inspection with recommendations to City by intersection.
YEPdLLY ROUTINE M.~ffNTENANCE (In addition to monthly. 3 and 6-month) · Replace all lamps in all signals. All sealed beam lamps will be reimbursed by City. Labor
and equipment for installation of sealed beam lamps are included.
· Clean and polish all lenses and reflectors.
· Vacuum and clean controller cabinet and contents. Replace cabinet filter.
· Check weatherproof gasket seal on controller cabinets.
· Check for water accumulation and duct sealant.
· Lubricate hinges and lock on controller cabinets.
· Check ali=munent of all signal heads.
· Check indicator lamps.
· Check all connectors.
· Check detector extensions.
· Check load switches.
· Check relays.
· Manuallv record inspection date and time in controller cabinet and send written
confirmation of yearly inspection with recommendations to City by intersection.
3. Contractor a~ees to respond to normal traffic sig-nal and illuminated street name sign lamp
outage calls during regular business hours under the per month per intersection price.
4. Contractor will perform an initial inspection of all intersections and provide written
recommendations of all repairs required. Said work shall be performed on a time and material
basis.
5. Contractor a~ees to provide phone ser¥ice for the receiving of notification of inoperative
Traffic Signals including those items requiring emergency repair and sen;ice during Contractor's
Exhibit A
Last pnnted 2/15/01 8:03 AM
A:\Standard Contract Ex. A (5-25-00)signa!.doc
Page 2 of 3
normal business hours and an answering service for the receiving of notification of inoperative
Traffic Signals requiring emergency repairs or service at all times (7 days per week) other than
Contractor's normal business hours, whether such notification orieinates with City or a party or
person other than City.
6. Contractor a~ees to have service personnel available 24 hours per dav to respond to traffic
signal and controller trouble calls. Response time will be within one hour durin_,2 reeular business
hours and after regular business hours and weekends. In the event of multiple c~lls,~each will be
serviced on a priority basis. City will provide Contractor with a priority list. This priority list
will constitute authorization from City to Contractor to leave an intersection of a non-priority
status to respond to a priority intersection.
7. Contractor a~ees to provide response service 24 hours per da3' for repair of the equipment and
appurtenances, such as safety lighting, street name signs, street lighting, pedestrian and traffic
signals, controllers, flashing beacons and detector devices which Contractor may be called upon
from time to time by City to repair, replace or refurbish. However, it is understood that any
materials requiring replacement in excess of Two Thousand Five Hundred Dollars ($2.500.00)
will not be installed without prior written approval from City.
Exhibit A
Last pnnted 2zl 5/01 8:03 AM
A:\Standard Contract Ex. A (5-25-00)sisal.doc
Page -3 of 3
EXHIBIT B
PAYMENT
1. TOT.aL COMPENSATION. In consideration for furnishing said labor, materials and
equipment, pursuant to Para~aphs 2 and 3, (preventative maintenance), Contractor shall receive
from City the sum of Seven~,-Five Dollars ($75.00) per month for each si~alized intersection.
In consideration for furnishing said labor, materials and equipment pursuant to Exhibit A
Paragaphs 6 and 7, (response maintenance), when such repairs are necessitated by obsolescence,
failure, accidental damage such as collision, acts of God, vandalism and pavement failure,
Contractor shall receive, in addition to the monthly sum specified above, a per call amount based
upon the invoice cost of materials plus 20% and its then current labor rates. Equipment rates will
be at the current California Department of Transportation equipment rates that equal the
surcharge rate + 15%.
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 Ageement.
2. INVOICES. Contractor shall submit invoices, not more often than once a month during
the term of this A~eement, based on the cost for work performed and reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of bills, i.e., Bill No. 1;
The beginning and ending dates of the billing period;
A summaD, 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 pa3xnents, based on such invoices,
for satisfactory pro~ess in completion of the Scope of Work; and for authorized reimbursable
expenses incurred.
4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurred by Contractor except as specified in Exhibit A to this A~eement.
Exhibit B
Last pnnted 2: '. 5/01 8: ! 0 AM
A:\Standard Contract Ex. B (5-25-00)signal.doc
Page 1 of 1
EXHIBIT C
FACILITIES AND EQUIPMENT
City shall fumish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessaD' for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be-in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense.
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities. Contractor shall not use such
sen'ices, premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this A~eement.
Exhibit C
Last pnnted 2:i5:01 7:37 AM
A:'~STANDARD CONTIL-~CT EX. C (5-25-00).DOC
Page 1 of 1
EXHIBIT D
GENERAL PROVISIONS
o
INDEPENDENT CONTRACTOR At all times during the term of this A~eement,
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 Ag-reement. City shall not have the right to control the means by which
Contractor accomplishes sen'ices rendered pursuant to this Agreement. Likewise. no
relationship of employer and employee is created by this A~eement between the City and
Contractor or any subcontractor or employee of Contractor. Nothing contained in this
A~eement shall be construed as limiting the fight of Contractor to engage in Contractor's
profession separate and apart from this A~eement so long as such activities do not interfere
or conflict with the performance by Contractor of the obligations set forth in this
A~eement. Interference or conflict will be determined at the sole discretion of the City.
ST.~NDARD OF PERFOR3.I.a~NCE. Contractor shall complete the Scope of Work
required pursuant to this A~eement in the manner and according to the standards observed
by a competent practitioner of the profession in which Contractor is engaged in the
geo~aphical area in which Contractor practices its profession. All work product of
whatsoever nature which Contractor delivers to City pursuant to this A~eement 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.
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 A~eement.
CONTRACTOR NO AGENT. Except as City may specie' 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
A~eement to bind City to any obligation whatsoever.
BENEFITS AND TAXES. Contractor shall not have any claim under this A~eement 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, unemployrnent, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pa3' 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.
Exhibit D
A:\Standard Contract Ex. D (5-25-00~.doc
Last printed 2/15,'01 7:39 AM
Page 1 of 8
ASSIGNMENT PROHIBITED. No party to this A~eement may assig-n any right or
obligation pursuant to this A~eement. Any attempted or purported assi~munent of any right
or obligation pursuant to this A~eement shall be void and of no effect. However, with the
consent of the City given in v~xiting, Contractor is entitled to subcontract such portions of
the work to be performed under this A~eement as may be specified by City.
7. PERSONNEL.
Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pursuant to this A~eement. In the event that City, in its sole
discretion, at any time during the term of this A~eement, 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 A~eement have
provided the necessa~' documentation to establish identity and employment eligibility
as required by the Immi~ation Reform and Control Act of 1986. Failure to provide
the necessaD, documentation will result in the termination of the A~eement as
required by the Immi~ation Reform and Control Act of 1986.
8. CONFLICT OF INTEREST.
In General. Contractor represents and warrants that, to the best of the Contractor's
~knowledge and belie£ there are no relevant facts or circumstances which could give
rise to a conflict of interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
Subsequent Conflict of Interest. Contractor a~ees 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.
Interests of CiD' Officers and Staff. No officer, member or employee of City and
no member of the City Council shall have any pecunia~' interest, direct or indirect, in
this A~eement 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.
9. COMPLIANCE XVITH LAWS.
Exhibit D
A::Standard Con~act Ex. D (5-25-00).doc
Last pnnted ..... 0, 7:39 AM
Page 2 of 8
In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by City and shall comply with the comfnon law and
all laws, ordinances, codes and regulations of governmental agencies, (including
federal, state, municipal and local governing bodies) applicable to the performance of
the Scope of Work hereunder, including, but not limited to, all provisions of the
Occupational Safety and Health Act of 1979 as amended.
Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally
required for Contractor to practice its profession. Contractor represents and warrants
to City that Contractor shall, at its sole cost and expense, keep in effect at all times
during the term of this A~eement 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.
Co
Funding Agency Requirements. To the extent that this A~eement may be funded
by fiscal assistance fi.om another entity, Contract°r shall comply with all applicable
rules and regulations to which City is bound by the terms of sUch fiscal assistance
pro,am.
do
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 sen, ices pursuant to this A~eement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug
statute violation occurring at such a facility, premises, or worksite, the Contractor,
within five days thereafter, shall noti~, the City.
Discrimination Prohibited. Contractor assures find a~ees 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 ~ounds 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 oL or be otherwise subjected to discrimination
under this A~eement.
10. DOCUMENTS AND RECORDS.
a. ProperD' of CID'. All reports, data, maps, models, charts, studies, surveys,
Exhibit D
A:~Standard Contract Ex. D (5-25-00).doc
Las~ primed 2/15/01 7:39 .~M
Page 3 of 8
photo~aphs, memoranda or other written documents or materials prepared by
Contractor pursuant to this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
Retention of Records: Until the expiration of five years after the furnishing of an3'
sen'ices pursuant to this Agreement, Contractor shall retain and make available to the
City or any party designated by the CID', upon wfinen request by City. this
Agreement, and such books, documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are necessary or convenient for
audit purposes to certify the nature and extent of the reasonable cost of sen'ices to
City.
Use Of Recycled Products. Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at
equal or less cost than virgin paper.
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 repom/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.
11.
CONFIDENTIAL INFOI~MATION. Contractor shall hold any confidential information
received from City in the course of performing this A~eement in trust and confidence and
will not reveal such confidential information to any person or entity, either during the term
of the A~eement 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 othem'ise of public record under
California law.
Exhibit D
A:\Standard Contract Ex. D (5-25-00).doc
Last printed 2/15:01 7:39 A2M
Page 4 Of 8
13.
RESPONSIBILITY OF CONTRACTOR. ContractOr shall take all responsibility for the
work, shall bear all losses and damages directly or indirectly resulting to Contractor, to anv
subcontractor, to the CiB', to City officers and employees, or to parties designated by the
City, on account of the performance or character of the work, unforeseen difficulties,
accidents, occurrences or other causes predicated on active or passive negligence of the
Contractor or of any subcontractor.
INDEMNIFICATION. Contractor and City agree that City, its employees, agents and
officials shall, to the fullest extent permitted by law, be fully protected from anv 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 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.
Indemni~'. To the fullest extent permitted by law, Contractor'shall defend,
indemnifi,., and hold harmless CiB', its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulator),, proceedings, losses, expenses or costs of any kind whatsoever without
restriction or limitation, incurred in relation to, as a consequence of or arising out of
or in any way attributable actually, allegedly or impliedly, in whole or in part, to the
performance of this Agreement. All obligations under this provision are to be paid bv
Contractor as they are incurred by the City. :
Limitation on Indemnity. Without affecting the rights of City under any provision
of this agreement or this section, Contractor shall not be required to indemni$' and
hold harmless City as set forth above for liability attribu_table to the sole fault of City,
provided such sole fault is determined by agreement be~veen 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 solely at fault and not in instances
where Contractor is solely or partially at fault or in instances where City's fault
accounts for only a percentage of the liability involved. In those instances, the
obligation of Contractor will be all-inclusive and City will be indemnified for all
liability incurred, even though a percentage of the liability is attributable to conduct of
the City.
Acknowledgement. Contractor ac-knowledges that its obligation pursuant to this
section extends to liability attributable to City, if that liability is less than the sole
fault of City. 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
sole fault of City.
Exhibit D
A: Standard Contract Ex. D (5-25-00).doc
Last prS. nted 2;15.~01 7:39 AM
Page 5 of 8
14.
Scope of Contractor Obligation. The obligations of Contractor under this or any
other provision of this A~eement will not be limited by the provisions of any
workers' compensation act or similar act. Contractor expressly waives its statutoD'
immuni~, under such statutes or laws as to City, its employees and officials.
Subcontractors. Contractor a~ees to obtain executed indemnity a~eements 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 A~eement. In
the event Contractor fails to obtain such indemnity obligations from others as required
here, Contractor a~ees to be fully responsible according to the terms of this section.
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, assi~mas, or heirs of Contractor and shall survive the termination of
this a~eement or this section. For purposes of Section 2782 of the Civil Code the
parties hereto recognize and a~ee that this A~eement is not a construction contract.
By execution of this A~eement, Contractor acknowledges and a~ees that it has read
and understands the provisions hereof and that this para~aph is a material element of
consideration. City approval of the insurance contracts required by this A~eement
does not relieve the Contractor or subcontractors from liability under this para~aph.
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.
Events of default. Each of the following shall constitute an event of default
hereunder:
Failure to perform any obligation under this A~eement 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
Failure to perform any obligation under this A~eement and failure to cure such
breach within fifteen (15) days of receiving notice of such breach, if the breach
is such that the CiD' 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.
Exhibit D
A:' Standard Conn'act Ex. D (5-25-00).doc
Last printed 2.q5/01 7:39 .~d
Page 6 of 8
16.
17.
18.
19.
20.
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 part3,' to perform this Agreement and/or seek damages including
incidental, consequential and'or special damages to the full extent allowed by law.
Co
No Waiver. Failure by City to seek anv 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.
TEILMINATION. 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 payrnent 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.
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.
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.
JURISDICTION .~ND SEYERABILITY. 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.
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
Exhibit D
A:~Standard Contract Ex. D (5-25-00).doc
Last primed 2.'15;01 7:39 AM
Page 7 of 8
21.
22.
waives all fights or claims to notice or heating respecting any failure by City to continue to
request or retain all or any portion of the work product from Contractor following the
expiration or termination of this A~eement.
P.~RTIES IN INTEREST. This A~eement is entered only for the benefit of the parties
executing this A~eement and not for the benefit of any other individual, entitv or person.
WAIVER. Neither the acceptance of work or pa3rment for work pursuant to this
A~eement shall constitute a waiver of any fights or obligations arising under this
A~eement. The failure by the City to enforce any of Contractor's obligations or to eiercise
City's fights shall in no event be deemed a waiver of the fight to do so thereafter.
Exhibit D
ASStandard Contract Ex. D (5-25-00).doc
Last printed 2;15/01 7:39 AM
Page 8 of 8
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those which have an "X" indicated in
the space before the requirement apply to Contractor's A~eement (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~,~usiness Liability Insurance with a minimum coverage as indicated:
X
S 1,000,000 per occurrence/S2,000,000 ag~egate limits for bodily injuw ahd
property damage :
$ per occurrence bodily injury/S per occurrence
property damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
If the standard ISO Form wording for "OTHER INSLrlL, kNCE'', 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 a minimum coverage as indicated:
X
$1,000,000 combined single limit for bodily injuD,- and property damage
$ per persor~'$ per accident for bodily injuW
$ per occurrence for property damage
$ 500,000 combined single limit for bodily injuW and property damage
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven.
Exhibit E
Last pnnted 2/15/01 7:47.4aM
A:'STANDARD CONIILqCI [iX. Iii (6-27-00)DOC
Page 1 of 3
Professionab~Errors and Omissions Liability with a minimum coverage as indicated:
$1.000,000 per loss/$2,000,000 ag~egate
S5,000,000 per loss/$5,000,000 ag~egate
Contractor must maintain Professional/Errors & Omissions Liability coverage for a period
of three years after the expiration of this Agreement. Contractor may satis~' 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 Liabili~' policy shall be endorsed to waive any right of subrogation as
respects the CID', 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 eveW 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-payrnent 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."
X All subcontractors used must comply with the above requirements except as noted below:
Exhibit E
Last printed 2:15/01 7:47 AM
A:'STANDARD CONIILqCI EX. E (6-27-00).DOC
Page 2 of 3
As to all of the checked insurance requirements above, the following shall apply:
Deductibles and Self-Insured Retentions..~my 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 pa3.wnent of losses and related
investigations, claim administration and defense expenses.
CiD' 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 bv the Contractor.
or automobiles ov~med, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of the protection afforded to the
City, its officers, officials, employees or volunteers.
Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
o
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
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.
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.
Acceptability of Insurers.
rating of no less than A:VII
Insurance is to be placed with insurers with a Bests'
Exhibit E
Last printed 2/i 5/0! 7:47
A:'$TANDARD CONTIL-~CT EX. E (6-27-00).DOC
Page 3 of 3
Republic
Electric
REPUBLIC ELECTRIC
Proposal for:
City of Saratoga
Traffic Signal Maintenance Services
January 8, 2001
(-~15 ~ 898-889-
Fax (~,15~ 898-9-~-? · 7120 Redwood Blvd. ·
S.,.'q FRa,.NCiSCO · BOSTON · Los ANGELES
Novato. CA
TABLE OF CONTENTS
Saratoga Traffic Signal Maintenance Services
Project Statement
1. Qualifications
Personnel
2. Resume
General Personnel Information
Engineering Services
Office and Shop Facilities
Communications
Call Center
Inventor5'
Special Equipment, Testing and
Special Sen'ices
Response Time
Insurance
Equipment
Experience and References
Pricing
Schedule "A"
Schedule "B"
o
Page
1
1
1
2
3
3
4
4
5
5
6
6
6
7
8
10
10
SaN FRANC!<CG * BOSTON * Lo- AXGELE-
Republic
Electric
City of Saratoga
Traffic Signal and Safety Light Maintenance
PROJECT STATEMENT
The City of Saratoga requires a contractor to perform traffic signal and safer3' light
maintenance as well as other ancillaD' services. Republic Electric understands the
abilities required and the urgency involved with this type of service. Response time and
having the tracks, equipment and qualified personnel to make the proper repair is of
paramount importance. Republic's goal is to provide the best possible service to the City
of Saratoga and to maintain its ongoing reputation as the best traffic signal maintenance
company in Northern California.
1. QUALIFICATIONS
Personnel who will perform the specified services ....
Republic Electric has field personnel stationed throughout the San Francisco Bay
Area that are available for service to Saratoga. This crew is the largest of the traffic
si~maal maintenance contractors in Northern California. The following personnel are
specific people that will be assigned to Saratoga.
The supervisor of field personnel for' Saratoga's traffic signal maintenance will be
Dennis Walther, Republic's general foreman, who has 17 years in the traffic signal
and streetlight business, with the last 11 in maintenance. He has overseen all the
electricians and their maintenance responsibilities for the past 11 years. He has his
IMSA certifications as well as other controller operation and maintenance classes
with the most recem being TS2 Troubleshooting and Video Detection Installation and
Operation.
The lead electrician assigned the traffic signal maintenance in Saratoga will be Rich
Rivera, a 27-year IBEW journeyman electrician who has been with Republic and its
principals for the past 11 years. His last 16 years have been in traffic signal
maintenance, streetlight maintenance and new construction. His knowledge of the
Caltran Standard Plans and Specifications as well as his troubleshooting abilities have
made him well known in the Bay Area as one of the best "traffic men" around. He
will be assigned the same duties in Saratoga that he has been performing for other
Bay Area agencies under Republic traffic signal maintenance contracts. All of
898-889'-
1
· Fax (415) 898-94,7 · -120 Redwood Blvd. · Novato.
SA'; FR.~NCISCO · BOSTON · Los ANGELES
CA 9q9qq.--~ 114
Republic's electricians drive 1-ton bucket tracks completely outfitted for traffic signal
and streetlight maintenance, including an assortment of temporary traffic warning
signs.
There wSll be a second electrician assigned traffic signal and streetlight maintenance
duties in Saratoga and that person will work directly for the person described above.
He is also an IBEW member and will have the same basic qualifications as the person
described above only not as man,v years of experience. He has an IMSA level II
certification.
There will be a signal analyst assigned to Saratoga who has 30 years experience in
traffic signal maintenance with an extensive background in timing and coordination
operations.
The traffic signal and streetlight laborer assigned to! Saratoga has 10 years experience
in this business. He has constructed all types of traffic and streetlight foundations as
well as the various configurations of controller and service cabinet foundations. He
regularly assists journeymen electricians in knockdowns and standing poles. He
operates compressors, jackhammers, core drills, concrete and loop saws, bucket
tracks and crane trucks and has a class A driver's license. All of Republic's laborers
drive 1-ton dump tracks towing a compressor with an assortment of jackhammers, a
portable concrete saw and an assortmem of tempOrary traffic warning signs and
cones.
e
RESUME
The principals of Republic have been in the traffic signal and streetlight maintenance
business since 1983. Republic has the proven experience and track record to
effectively maintain the traffic signals in Saratoga. With over 500 signalized
intersections and 70,000 streetlights under contract, Republic is still small enough to
provide personal service. The City will get to know the people at Republic because
the company is committed to its people as well as its customers. The owners of
Republic are very, active in the day-to-day operations of the company and are always
directly available to the customer.
Service is the focus at Republic Electric. Traffic signal maintenance requires a high
level of competence, preparedness and flexibility. The following describes how this is
put into practice at Republic.
2
$~.x F?.'.,~?,c:sco · BosTOX · Lo- Ax(;s:s-
General personnel information ....
Employees at Republic are long-term
people who have proven themselves
knowledgeable in the traffic signal and
streetlighf maintenance business. They
are IBEW journe.vmen and foremen
electricians as well as IMSA certified.
Republic encourages and sponsors
ongoing technical training for its traffic
signal and streetlight maintenance
employees. Our traffic signal and
streetlight maintenance people also have
extensive backgrounds in traffic signal
and streetlight construction as well as
troubleshooting. They are also cross-
trained in traffic signal and streetlight
maintenance so that the electrician who is
closest to the problem can handle it without calling a second person~ This is why all
Republic's electricians drive 1-ton bucket tracks capable of reaching streetlights and
safety lights.
Employees of Republic come to the jobsite prepared to perform the work required
with the proper truck in a safe, clean, presentable manner. The management of
Republic stresses quality and safety to its employees. This is evidenced by the fact
that Republic enjoys a 76% experience modification on its Workers Compensation
Policy.
Engineering services ....
Republic Electric has a registered cMl engineer on staff. He is experienced with
traffic signal operations. Traffic signal modification,, design,, timing enhancemem and
other traffic and civil related services are available to Saratoga on an hourly basis.
Republic Electric provides traffic-engineering services to other agencies in Northern
California in capacities ranging fxom informal field consultation to Ci~ Traffic
Engineer.
3
$,,x FR.~, x C:sC.2 · BosTOX · Lo<
Office and shop facilities ....
Novato, CA: Republic
Electric's main office is located
at 7120 Redwood Blvd.,
Novato, CA 94945. The
company's main shop, yard and
lab is located at 8121 Binford
Road.. Novato, CA. It has 4,000
square feet of shop/warehouse
and 20,000 feet of outdoor yard
space. Controller testing and
repairs are performed at this
location.
7120 Redwood Blvd., Novato, CA
Fremont, CA: Republic Electric has a field office and yard at 42551 Osgood
Road, Fremont, CA. It has 500 square feet of shop and 15,000 square feet of yard
space. This storage facility will house all materials and equipment necessao' to
effectively and safely' maintain the City of Saratoga's traffic signal and streetlight
system. This facility carries inventory., equipment and trucks to service current
contracts of approximately 20,000 streetlights and 250 traffic intersections.
Oroville, CA: Republic Electric has a lab and field office at 2546 South Fifth
Ave., Oroville, CA. It has an office and shop of approximately 1.500 square feet and
a yard of 1,500 square feet. Controller testing and repair are performed at this
location.
Corona, CA: Republic Electric has an office for Southern California operations
at 1499 Pamona Rd., Suite F, Corona, CA. This facility houses all materials and
equipment necessary to maintain traffic signals, Streetlights and related projects
throughout Southern California.
Woburn, MA: Republic Electric has an office for New' England operations at 175
New Boston St., Suite L, Woburn, MA. This facility houses all materials and
equipment necessaD- to maintain traffic signals, streetlights and related projects in
Massachusetts, New Hampshire and Maine.
Communications ....
Republic has a very effective and practical communication system. All employees of
Republic are issued a cellular telephone. It provides a paging system, E-mail and
voicemail capabilities. As a backrup system, all :employees are issued industry
standard display pagers. All employees are also issued home fax machines. There is
4
S~x FR~XC:4ZO * Bo-7ox * Lo> A',G~:..'.~:,
an answering ser~4ce to receive all after hours calls. To ensure an electrician is
properly dispatched for emergency service after hours, on weekends or holidays, the
owners of the company take all after hours calls from the answering service.
This enables the management of Republic to personally dispatch an electrician and
thereby verify that the emergency call was properly handled and that someone is on
the way.
Call Center ....
Republic Electric Call Center
Reports of traffic signal or streetlight problems can
be made in various w~,s. The City, police
department or other designated party can call 1-800-
LIGHTS-ON at an): time of the day or night.
Republic Electric operators will answer calls during
business hours and by an attended answering ser~4ce
after hours.
Inventorv....
Republic maintains an inventory, of new and spare parts to adequately support its
traffic signal and streetlight maintenance responsibilities. The inventories are kept at
the required or acceptable levels designated by the agencies it maintains. Upon award
of the maintenance contract, Republic would request a meeting with the City's Traffic
Engineer to make sure the invento~ level was acceptable. If necessary', that inventoD'
would be augmented or adjusted to a level acceptable to the City of Saratoga.
Republic also caries a substantial supply of traffic signal and streetlight poles in
stock. Most traffic signal and streetlight knockdowx~s can be replaced the same or
next day.
Generally, Republic maintains an inventory, of traffic signal heads, pedestrian signal
heads, visors, backplates, various types of mounting hardware, pedestrian push
buuons, new and used 170 controllers, new 332 cabinets, CMU's, prom modules,
detectors, load switches, flashers, power supplies, traffic signal lamps, PV lamps,
LED's, III-AF service, type II services, streetlight lamps, full range of cobra fixtures,
lanterns, PM17's, starters, ballasts, PEC's, fuses, HEB & HEX fuse holders, and
other miscellaneous traffic signal and streetlight materials and equipment. Republic
also has a supply of other .types of controllers and controller parts. Some of which are
older but are still in use today. Republic stocks controllers and controller parts for
manufactures such as Multisonics, Safetrans, Traconex, Econolite, Eagle and Singer
to name a few. Preempt equipment such as Opticom, Emtrac and Optronix (Tomar)
are also stocked. Republic also stocks and maintains video detection systems.
Because Republic has a background in traffic signal modification and construction, it
5
$~.x FR;,'~c:-co · Bo-Tox · Lo- AxGE!?'-
has a supply of traffic signal poles with various mast arm lengths. There has never
been a time when Republic could not get an intersection up and nmning, on the same
day.
Special equipment~ testing services or special services offered ....
Republic Electric performs all work associated with traffic signal maintenance with
its own forces including all aspects of underground construction.
Testing and Repair: Republic provides controller and cabinet testing and repair
services for NEMA and type 170 comrollers and conflict monitors. Conflict monitor
testing is usually performed in the field.
Locate and Mark: Republic offers locate and mark services. Many of
Republic's customers refer all their USA (Underground Service Alert) calls to us so
that streetlight and traffic signal conduits or traffic loops can be located and marked
on a timely basis.
Streetlight Database: Republic would also like:the opportunity to automate the
City of Saratoga's streetlight inventory and database. Our company has recently
5mplememed an updated version of our streetlight software program using Microsoft
Access. This program is now in its 4th generation with 12 years of developmemal and
practical use. The City of Saratoga will have this available to it with Republic as its
maintenance provider.
Response Time ....
Republic proposes a 1-hour response time, 24 hours a day, 7 days a week.
Insurance ....
Republic carries $5,000,000 in liability insurance. Our carrier is General Accident
Insurance Company of America.
3. Equipment
Republic Electric owns and operates approximately 40 tracks of various types in
Northern California. For Safety reasons, Republic only owns fully insulated hydraulic
"bucket" tracks as aerial lifts. The following tracks are specific to Saratoga. The next
picture is an example of the typical bucket track owned by Republic Electric.
6
S~.x FN.,,Nct--co ~, BOSTON ~, Lo- Axo:~:_F-
Track//,197 is a 15000 GVW track
with an Altec AT250G fully insulated
boom and bucket. It has all the
required safeB, and warning lights
including directional spotlights for
night work. The lead electrician will
drive this track. It is completely
outfitted for traffic signal and
streetlight maintenance including
construction warning signs, cones and
is equipped with a Metrotech line
locator.
Truck # 199 is a GMC.
30000 GVW truck with
a National 100 foot. 15-
ton crane. This truck is
outfitted with all the
proper nylon slings and
construction warning
signs and cones. Ihe
condition of this truck is
new. Republic
maintains ball field
lights with this truck
throughout the San
Francisco Bay Area.
Truck #203 is a 18000 GVW
truck with an Altec AT250G
insulated boom and bucket.
The second traffic signal
technician will drive a truck
similar to this track. It is
completely outfitted for traffic
signal and streetlight
maintenance including
construction warning signs and
cones.
7
BOSTON
Track #139 is a 12000 GVW truck with a 2-1/2 yard dump body. It is outfitted ,Mth
an assortment of jackhammers, hand held concrete saw, construction warning signs
and cones. This track tows a 125 CFM compressor at all times and is driven by the
signal laborer that will be assigned to Saratoga. The condition of this track is
excellent.
Track #122 is a GMC 7000 track with an Altec AA-600MH full): insulated 55-foot
boom and 2 single-man buckets. This track is equipped with 3.000 pound lifting
capacity so the track can double as a crane for knockdowns. Having a truck with 2
buckets enables the installation of a mast arm signal head or the installation of 4 or 5
section heads to be installed in a safer manner. These types of installations can be
difficult and sometimes dangerous if attempted ~' one person due to the weight
involved. The condition of this track is excellent.
Track # 198 is a 15,000 GVW flatbed track omfitted as a "loop truck". It is specially
built for installing traffic signal loops. It carries its own water (500 gallons), a self
powered asphalt and concrete saw, a vacuum to pick up sawcut residue as required by
the Regional Water Quality Control Board and ABAG, loop templates, traffic control
signs, 28" cones and related loop materials.
Republic has rnan~v other ' bucket trucks and maintenance vehicles stationed around
Northern California that can be drawn upon when needed. All of Republic's tracks
are washed and serviced on a regular basis. All aerial lifts and cranes are inspected
and certified as required by law.
4. EXPERIENCE AND REFERENCES
The following is a list of references for Republic Electric. Please pay particular
attention to agencies that have switched to Republic Electric. They may give the best
opinion on the differences between the companies. They are in bold type below'.
Republic Electric References
At[eric9, T},pe ' Years Contact Person Telephone
Cit' of San Rafael TS & SL 15t~ Dave Bemardi, Dir. Public Works 415-485-3355
City, of Fremont TS 2~d Carlo Sandaydiego, Traffic Engineer 510-4944688
CiW of Fremont SL 7t~ John Barton, Engineer 510-713-5718
Cit' of Mill Valley TS & SL 14"' Wayne Bush. Dir. Public Works 415-383-6020
City, of Milpitas TS 2"d Thai Nguyen, Traffic Technician 408-586-2678
Ci~' of Larkspur TS 2~ Hamid Shamsapour, Dir. P.W. 415-92%5020
Cit' of Larkspur SL 14th Hamid Shamsapour, Dir. P.W. 415-927-5020
Town ofCorte Madera TS & SL 6t~ Dave Bracken, Town Engineer 415-927-8801
City. of Sausalito TS & SL 14'~ Gordon Sweeney, City Engineer 415-289-4100
Marin Count, SL 14"' Farhad Mansourian, Dep. Dir. PW 415-499-7580
City. of Novato TS 8"' Emmitt Creason, Iraffic 415-897-4365
Ciw of Novato SL 14t~ Fred Isla, Engineer 415-893-7971
Tovm of Fairfax TS & SL 6"' Bill Whimey, Dir. Public Works 415-453-0291
City. of Turlock TS 2~ Steve St. John, Utilities Manager 209-668-5599
8
Skx FRAXCi-CO · Bo.uox- · Lo- ANGE:.F-
Agency Type Years Contact Person Telephone
Ci~' of Manteca TS 2~ Dave Vickers, Traffic Engineer 209-825-2308
Ci~' of Foster Cit' SL 5tn Stan Workman, Public Works 650-286-3285
City, of San Carlos TS 3~ Parviz Mokhmri, Dir. Public Works 650-802-4202
Ci~' of San Carlos SL 5'" Parviz Mokhtari. Dir. Public Works 650-802-4202
Tovm of Paradise TS 4t~ Ron Hawk. Public Works 916-872-6288
CiW of Rocklin TS 4m Dave Palmer, Engineer 916-632-4046
Ci~' of Oroville TS & SL 4* Mike Boulant, Phblic Works 530-538-2490
Butte Coun~~ TS 4TM Dean Perkins, Public Works 530-538-7681
Town of Loomis TS 4t~ Brian Fragiao. Dir. Public Works 916-652-1840
Nevada Count' TS 4~ John Rumsey, Traffic Engineer 916-265-1431
Town of Ross TS 2na Rabi Elias. Ci~' Manager 415-453-8287
Count).' of Santa TS 2~ John Presliegh, Traffic Engineer 831-454-2160
Cruz
CiR- of Watsonville TS 2~ Jim Sommerville, Engineer 831-728-6047
Ci~' of Santa Cruz TS 2~ Craig Nielsen, Traffic Super~or 831-420-5524
9
$~'- FF.~:c1-co · Bo<Tox · Lo- A'.,_;5~ k-
5. PRICING
Schedule "A" - Preventative Maintenance and Labor Rates
Preventative Maintenance
*Lead Traffic Signal Technician (Electrician)
*Traffic Signal Technician (Electrician)
Signal Analyst
Registered Civil Engineer
$75.00 per intersection per month
Straight Time Overtime
$70.00/hour $135.00!hour
$70.00/hour $135.00/hour
$85.00/hour $150.00/hour
$125.00/hour
Material Markup for Overhead and Profit 20%
*These classifications will be the same as "electrician" because any individual
working in the capacity of, or work description of, traffic signal maintenance, must be
a journe)~nan electrician as directed by the Director of the Department of Industrial
Relations.
Schedule "B" - Equipment Schedule
Service Truck (Bucket Truck)
Service Ladder Truck
Crane Truck
Air Compressor
$22.00/hour
Considered unsafe for TS maint.
$60.00/hour
$15.00/hour
Thank you for the opportunity to submit this proposal and we look forward to working v~h
the CiD' of Saratoga in the near future.
Republic Electric
Dated: January 8, 2001
10
$,~x F~3. sc~co * BO~TO~ · LO- Ax~;!::?'~
PRICE SCHEDULE
MONTHLY M.adNTEN_&NCE: Per Intersection
$86.77
L:&BOR RATES:
TIME .,~ND MATERIAL
Operations Superintendent
Engineering Technician
Lead Person
Field Technician
Lab Technician
Traffic Signalman
Straight
Time Overtime
$49.20 S68.24
$49.20 $68.24
549.20 568.24
S49.20 S68.24
S49.20 S68.24
$49.20 568.24
NOTE: Straight time rate applies for the hours of 8:00 AM to 4:30 PM. Monday through
Friday.
MARK UP:
Material: Cost plus 25%
Labor: 25%
EQUIPMENT RATES:
Personal Vehicle
Pick up Iruck
Sen'ice Vehicle
Sen'ice Ladder Vehicle
Crane Truck
Hydraulic Man-Lift
Air compressor
S7.61/hr 557.10'dav
S7.61/hr 557.10-day
S7.61/hr 557.10;day
S7.61/hr 557.10,day
$22.84/hr $152.25;day
S22.84/hr S 152.25-day
S22.84/hr $152.25., day
,~M~y equipment item used which is not listed on the above schedule will be at the current
prevailing rate schedule.
Loops
Cabinet Painting
Intersection Painting
Cabinet/Controller Painting
Prices varying
according to plans
and specifications
will be available upon
request.
Scope of Services
Definitions and General Information
· The City has a total of 28 traffic signals within its jurisdiction. The City
maintains 13 of these traffic signals, which are listed below.
· The Contractor will maintain the follovcing traffic signals:
Quito Rd./Allendale Ave.
Quito Rd./Pollard Rd.
Saratoga-Sunn3wale Rd./Reid Ln./Gerald Zapelli Ct.
Saratoga-Sunn3rvale Rd./Herriman Ave.
Saratoga-Sunn3rvale Rd./Blauer Dr.
Saratoga-Sunnyvale Rd./Pierce Rd.
Saratoga-Sunnywale Rd./Cox Ave./Wardell Rd.
Saratoga Ave./Cox Ave.
Saratoga Ave./Vineyard Ln./Bell~ove Cir.
Saratoga Ave./Da~m'nar Dr.
Saratoga Ave./Scotland Dr.
Saratoga Ave./Fruitvale Ave.
Fruitvale Ave./Allendale Ave.
1. Contractor agrees to the following preventative
maintenance:
MONTHLY ROUTINE MAINTENANCE · Visually inspect controller for proper operation.
· Visually inspect all vehicular and pedestrian signals for proper operation.
· Check and actuate each pedestrian push button for proper operation.
· Visually inspect all illuminated street names signs for proper operation
including lamps and photocells.
· Manually record inspection date and time in controller cabinet and send
written confirmation of monthly inspection with recommendations to
SARATOGA by intersection.
3-MONTH ROUTINE MAINTENANCE (In addition to monthly)
· Visually inspect roadway along loop detectors for possible exposed wires,
cracks and potholes.
· Check detector amplifiers and tune if needed.
· Manually record inspection date and time in controller cabinet and send
written confirmation of 3-month inspection with recommendations to
SARATOGA by intersection.
6-MONTH ROUTINE M_&INTENANCE (In addition to monthly and 3-month) · Check controller cabinet filter.
· Check ground rod clamp and wire.
· Check wire schematics and records to make sure they are in the cabinet.
· Check operation of the fan.
· Check operation of ground fault receptacle.
· Measure voltage at sel~,ice inputs in cabinet and record.
· Visually check for bent visors and back plates.
· Visually check inte~m-ity of splices.
· Visually check for wear and function on electromechanical controllers.
· Check the time setting and match with time sheet on electromechanical and
solid state controllers.
· Manually record inspection date and time in controller cabinet and send
written confirmation of 6-month inspection with recommendations to
SAtL~.TOGA by intersection.
YE.M~LY ROUTINE I~LMNTENANCE (In addition to monthly, 3 and 6-month) · Replace all lamps in all signals. All sealed beam lamps will be reimbursed by
SARATOGA. Labor and equipment for installation of sealed beam lamps are
included.
· Clean and polish all lenses and reflectors.
· Vacuum and clean controller cabinet and contents.
· Replace cabinet filter.
· Check weatherproof gasket seal on controller cabinets.
· Check for water accumulation and duct sealant.
· Lubricate hinges and lock on controller cabinets.
· Check alignment of all signal heads.
· Check indicator lamps.
· Check all connectors.
· Check detector extensions.
· Check load switches.
· Check relays.
· Manually record inspection date and time in controller cabinet and send
written confirmation of yearly inspection with recommendations to
SARATOGA by intersection.
Contractor's Obligations
Contractor will respond to normal traff~c signal and illuminated street
name lamp outage calls during regular business hours under the per
month per intersection price.
o
Contractor will perform an initial inspection of all intersections and
provide written recommendations of all repairs required. Said work shall
be performed on a time and material basis.
o
Contractor will provide phone service for the receiving of notification of
inoperative Traffic Signals including those items requiring emergency
repair and service during contractor's normal business hours and an
answering service for the receiving of notification of inoperative Traffic
Signals requiring emergency repairs or sen, ice at all times (7 days per
week) other than contractor's normal business hours, whether such
notification originates with SARATOGA or a pard' or person other than
SARATOGA.
Contractor will have service personnel available 24 hours per day to
respond to traffic signal and controller trouble calls. Response time will
be within one hour during regular business hours and after regular
business hours and weekends. In the event of multiple calls, each will be
serviced on a priority basis.
o
Contractor will provide response service 24 hours per day for repair of
the equipment an appurtenances, such as safety lighting, street name
signs, street lighting, pedestrian and traffic signals, controllers, flashing
beacons and detector devices which contractor may be called upon from
time to time by SARATOGA to repair, replace or refurbish.
7. Compensation shall be as follows:
In consideration for furnishing said labor, materials and equipment,
pursuant to Paragraph 1, (preventative maintenance), contractor shall
receive from SARATOGA the sum of $ 8 6.7 7 per month per
signalized intersection.
Bo
In consideration for furnishing said labor, materials and equipment
pursuant to Paragraph 3 and 4, (response maintenance), when such
repairs are necessitated by obsolescence, failure, accidental damage
such as collision, acts of God, vandalism and pavement failure,
contractor shall receive, in addition to the monthly sum specified
above, a per call amount based upon the invoice cost of materials
plus 25 % and its then current labor rates. Equipment rates will be
at the current California Department of Transportation equipment
rates that equal the surcharge rate (Include labor and equipment
schedule) ~ 25 % .
If you have any questions, please call me at: (408) 868-1241
Sincerely.
John Cherbone
Public Works Director
SIGNAL MAINTENANCE, INC.
COMPANY QUALIFICATIONS
This is a resume of the company qualifications as related to traffic signal
work associated with installation, repairs, maintenance, modifications.
lab testing of new local or master controllers and including engineering'
inspection, scientific and technical capabilities.
The following statement as to experience of the bidder is submitted in
conjunction with the proposal, as a part thereof, and the truthfulness
and assurance of the information is guaranteed by the bidder.
The bidder has been engaged in the traffic signal installation and/or
maintenance business under the present business name for 30+ years.
Experience in work of a nature similar to that covered in the prc}posal
extends over a period of 30+ years.
THE BIDDER HAS NEVER FAILED TO SATISFACTORILY COMPLETE A
CONTRACT AWARDED TO HIM.
Maintaining, repairing and modi~ring traffic signal systems and
equipment, both in the field and our own plant facilities, is our business,
NOT A SIDELINE. All of our employees that work in the field are either
Traffic Signalmen, Traffic' Technicians or Traffic Utili9r men. All
personnel that work on equipment and projects in plant are Traffic
Signal Technicians, each with a strong background in the field of
electronics offering a combined total of IN EXCESS OF 200 YEARS OF
EXPERIENCE.
We maintain an on-going "in house" training program for the
advancement and improvement of our employees, including attendance
at training and technical seminars in the traffic field as they become
available.
We also offer assistance in design, application and programming
expertise in the field of computers as relates to the inter-face of systems
and equipment.
We perform, as a matter of routine, complicated modifications and
upgradings to controllers and cabinets at the intersections so as to
efficiently effect minimum total time on field modifications to
intersections where both street furniture and controller equipment are
affected.
Company Qualifications
We assist engineering and inspection departments with on-site
examinations of all signal installations, both new and upgradings. Not
only are our inspection personnel qualified for the traffic signal
equipment installations, but we have personnel equally qualified with
road work as related to equipment installed in and beneath finished
sidewalks, curbs, gutters and street surfaces.
To stay abreast of the rapid and continuing changes in the "state of the
art" our lab facilities have become a large investment representing many
thousands of dollars to provide the necessa~: equipment for proper
service and repair of all models of the manufacturers' product lines.
Additional monies are budgeted each year to maintain our high level of
technological capabili¢'.
In our plant facilities, we perform:
a. Routine maintenance and repair on all
manufacturers and ages of controller equipment.
D-pes and
Upgradings
components.
to signal
contractors.
and redesigning of systems equipment and
Much of the work that is covered by sub-contract
equipment manufacturers and/or installing
Co
do
eo
A complete cabinet and controller certification service that
assures the customer that his equipment on a project does meet
their specifications and is capable of working properly when
installed at the intersection. All our final testing of all phases of
operation is done with the equipment under a full incandescent
loading, including all combinations of fail-safe monitoring.
In addition to equipment testing under normal load conditions,
we are also equipped for limited hot and cold environmental
testing as the occasion demands.
We maintain a complete in-house record
repair activity on a per intersection basis.
available to our customers upon request.
increasing liabiliD; exposure, our records
invaluable time and time again.
of all service and
These records are
In these days of
have proven to be
2
Company Qualifications
We stock an inventoD- of the broadest range of components by different
manufacturers and ages of equipment. Because of this, we are able to
pass on to our customers the economics of a more useful life of their
equipment than otherwise would be possible..
Our regular monthly maintenance routine has been developed through
years as a result of learning and reacting to the ever-changing demands
as associated with new equipment that continually has been offered
within the market place. There is no one in the business and no
department of any public agency, to out knowledge, that as a matter of
daily routine maintains such a broad diversification of equipment types,
different manufacturers and different ages. It must be recognized that to
have developed this position of recognition,-this company must surely
have highly qualified working personnel.
We offer application assistance to our customers, helping them to
understand and utilize the new systems equipment D'pical of todays
traffic control techniques. Our technical capabilities are filtered
throughout all our daily operations and responsibilities.
Throughout the existence of TSM, Co., Inc., and Signal Maintenance,
Inc., there has always been a continuing development of new criteria to-
improve maintenance standards and techniques. This development is a
result of working with many public agencies, their traffic engineers and
engineering departments. The high standards and efficient techniques
have been developed by the company to satis~- the crucial demands for
safeB; to the ever-increasing motoring public. We share our
achievements with these public officials.
SIGNAL MAINTENANCE, INC.
Jim Ogg, President
ATTACHMENT A
LY
PREVENTIVE
FORM 1
Intersection:
OR QUARTERLY 'FORM
MAINTENANCE CHECKLIST
Date: Start Time:
A CONTROLLER CABINET
STATUS
End Time:
REMARKS
Appearance
Door Fit, Gasket
Lock Operation
Fan Operation
;net Light
Air Filter Condition
D SIGNAL HEADS
Lens Condition
Lamps.
3M Program Heads
Aimed Correctly.
Lenses Cleaned
Lens Condition
E PEDESTRIAN HEADS
Aimed Correctly.
Lens Condition
F PED PUSH BUTTONS
Placing Calls
Cover Plates
Pull box lids
Terminal Blocks (Tight ?).
B SIGNAL CONTROLLER
Controller LEDs Working
G MAST ARM SIGNS
Controller Display Working
Timing and Coordinatio'n
Technician:
Phases on Recall
DETECTORS AND LOOPS
Loops.
Signature:
Dale Completed:
ATTACHMENT B
:MIANNUAL PREVENTIVE
MAINTENANCE CHECKLIST
Intersection:
FORM 2 D
Da!e: Starl Time:
A ROAD / LOOP CONDITION
STATUS
End Time:
MISCELLANEOUS
REMARKS
Pavement Appearance Conditio~(At all Loop s?)
Loops.
Detectors (Tune?).
B CONTROLLER CABINET
STATUS
REMARKS
Condition of Paint(Frameworks,Heads, Cabinet, Service ?)~
Ground Rod Clamp & Wire, Present and Secure?
Hand Hole Covers, Present and S~'c-ure?
Pull Boxes (Found - Clean?)
Documentation Present
Condition oir Splices
Ground Fault Interrupter
Lens Condition
Lamps
Voltage level at Entrance
Controller Time Settings.
3M Program Heads
Controller Cabinet Clean
Aimed Correclly.
C AFTER DARK
Traffic Signals
Pedestrian Signals
I uminaires
Internally Illuminated SignsJGuide. Requlatory, Waminq ?)
Lenses Cleaned
Lens Condition
Technician:
Signature:
ATTACHMENT C
t. NNUAL PREVENTIVE
IAINTENANCE CHECKLIST
Intersection'
FORM
Date: Start Time: End T~me:
A ANNUAL SIGNAL SYSTEM ASSESSMENT
STATUS
3
NOTES
REMARKS
ConflictMonitor
Mast Arm Signs 8, Hardware
Hinges and Locks
Air Filter Replaced
NOTES
Technician:
Signature:
all Signals
Lenses & Reflectors
Head Alignment Check
Controller Cabinet Clean
Any other equipment utilized during lhe term of the agreemen! but
not specifically listed
MISCELLANEOUS
Date Completed:
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
AGENDA ITEM
MEETING DATE: February 21, 2001
ORIGINATING DEPT: CiD' Clerk
CITY ~IANAGER:/~fi.~ ~ffg~_ ~/?_~/~,.~/ff
PREPARED BY: CiD' Attorney
SUBJECT: Amendments to Nuisance Abatement Ordinance.
RECOMMENDED ACTIONS:
1)
2)
Conduct public hearing on proposed ordinance amending the City's nuisance
abatement procedures; and
Introduce ordinance and approve motion to waive the first reading of the
ordinance.
STAFF REPORT
The attached ordinance has been prepared by the City Attorney's office in
order to streamline the process for appeals of certain code enforcement actions and to
provide the Cit-3..' with the option of recovering attorney's fees in code enforcement
actions. The proposed amendments would revise existing procedures in several ways:
Hearing Officer -- The amendments would provide that appeals of a Nuisance
Abatement Order will be heard by an independent Hearing Officer except in
certain instances described below. Currently all appeals are heard by a Board of
Appeals comprised of the Community Development Director, Public Works
Director and a third part5,: appointed by the Council (Currently Saratoga Fire
District Chief Ernest Kraule). The Board also includes the City Manager as an ex
officio non-voting member. Numerous other jurisdictions use a Hearing Officer
to ensure efficient use of staff time and because there is a perception that use of a
Hearing Officer reduces the percentage of decisions which are taken to Court.
Alternative Appeals Board -- In order to provide flexibility and because there
may be circumstances in which hearing officer is not appropriate (for example, if
the Hearing Officer were unavailable or had a conflict of interest or if the Council
decided that an appeal warranted a larger or different hearing body), the amended
ordinance provides for an alternative to the hearing officer procedure. The
amendments provide that the City Council may at any time direct by motion that
an appeal be heard by a Board of Appeals. That Board of Appeals would be
composed of the chairs of the Public Safety, Finance, and Planning Commissions.
Uniform Appeals Process -- The amendments would provide that appeals of
recorded notices of code violations are to be heard by the Hearing Officer or Board
of Appeals. The current code allows these appeals to be heard by the City Council-
whereas all other appeals (i.e., of Noticed Nuisance Abatement and Emergency
Nuisance Abatement actions) may be heard only by the Board of Appeals.
Because there is no reason to treat these types of appeals differently the proposed
amendments would direct that all appeals be heard by the Hearing Officer or
Board of Appeals.
Attorneys' Fees -- The amendments would authorize the City to recover its
reasonable and necessary attorneys fees incurred in the course of code enforcement
actions. The existing ordinance does not contain the provisions required by State
law in order for the City to seek such fee recover5,. Under the proposed
amendments and in accordance with State law, the decision to seek fees is made on
a case by case basis by the CiD' Manager. State law provides that if the City does
not prevail in a code enforcement action and has retained the option to seek
attorneys' fees then the "defendant" in that code enforcement action may recover
reasonable attorneys fees from the City. However, in no event shall an award of
attorney's fees to a prevailing party exceed the amount of reasonable attorney's
fees incurred by the City.
Clari~'ing Amendments -- The amendments would also clarify various
provisions of the code enforcement ordinance and remove redundant language.
For example, the references to actions by the City, Manager's "authorized
representative" have been removed because section 1-15.060 of the City Code
already provides blanket authorization for action by duly authorized
representatives of the City Manager. The amendments also make optional various
notice provisions that are not required by state law and explain more clearly the
City's authority to impose special assessments to recover nuisance abatement costs
and the consequences of failing to pay such assessments.
FISCAL IMPACTS: The amendments would reduce the amount of time devoted by
Management staff to serving on the Board of Appeals. The amendments would result in
new costs to the CiD' for the use of a Hearing Officer. The typical rate for a Hearing
Officer is approximately $125 - $175/hour. Staff recommends that the Hearing Officer
be funded in the budget of the City Clerk because the orders appealed generally are made
by the CiD' Manager and originate in the CommuniB, Development Department. There
are sufficient appropriations in 2000-01 budget for this purpose assuming that there is no
change in the level of code violations or the rate at which appeals are filed. Staff will
recommend an appropriation of $5000 in the 2001-02 budget.
ADVERTISING, NOTICING AND PUBLIC CONTACT: A summary of the
ordinance together with notice of this meeting was published in the Saratoga News on
01/17/01.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The ordinance amendments would not be adopted.
FOLLOW UP ACTIONS: Staffwill retum the ordinance to the City Council for a
second reading and adoption asa Consent Calendar item at the next regular meeting of
the City Council.
ATTACHMENTS:
Proposed Ordinance.
3
FISCAL IMPACTS: The amendments would reduce the amount of time devoted by
Management staff to serving on the Board of Appeals. The amendments would result in
new costs to the City for the use of a Hearing Officer. The typical rate for a Hearing
Officer is approximately $125 - $175 :'hour. Staff recommends that the Hearing Officer
be funded in the budget of the CiD' Clerk because the orders appealed generally are made
by the City Manager and originate in the Communit3' Development Department. There
are sufficient appropriations in 2000-01 budget for this purpose assuming that there is no
change in the level of code violations or the rate at which appeals are filed. Staff will
recommend an appropriation of'$&0,(~h, the 2001-02 budeet.
ADVERTISING, NOTICING AND PUBLIC CONIACT: A summary of the
ordinance together with notice of this meeting was published in the Saratoga News on
01/17/01.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The ordinance amendments would not be adopted.
FOLLOW UP ACTIONS: Staffwill return the ordinance to the City Council for a
second reading and adoption as a Consent Calendar item at the next regular meeting of
the Ci~, Council.
ATTACHMENTS:
Proposed Ordinance.
ORDINANCE NO.
AN ORDINANCE BY THE CITY OF SAKS, TOGA
AMENDING CHAPTER 3 OF THE SAIL4,TOGA CITY CODE
RELATING TO CODE ENFORCEMENT
The Cit'3.' Council of the City of Saratoga hereby ordains as follows:
SECTION 1. Section 3-10.030 of the Saratoga Ci~, Code is hereby amended as set
forth below. Text to be added is indicated in bold double-underlined font (e.g., hnld
dn.hlo-.ndorlinod) and text to be deleted is indicated in strikeout font (e.g., ~[xikcuui).
Text in standard font remains unchanged by this ordinance.
3-10.030 Recorded notice Nntieo of Code --:-'-"--- Vinlatinn.
VIUIatlUII. ~ _ __ _
(a) Whenever the Ci~' Manager has knowledge of a violation of any.'
provision of this Code, or any other ordinance of the City, or any rule, regulation or order
promulgated or issued pursuant to this Code, or the provisions of any code adopted by
reference by this Code, or any ~.u~,u~,,~,~, eonditian of an any approval, permit or license
granted pursuant ___ this Code, h~ tho City Man~er may notify the owner of the propert)'
upon which the violation is located of his tho Ci~' Ma,~er intent to record a notice of
,_.uuc violation in the office of the County. Recorder fm thc ~_uanty.'-' ' Such notice of intent
shall be mailed to the owner at the address shown on the latest available assessment roll,
or as otherwise 'known to the Ci~- Manager, and a copy' thereof shall be posted upon the
property. The notice of intent shall describe the nature of the violation and inform the
owner that a notice of C-orte violation will be recorded unless a hearing before the E/tv
~vxai~ ......... mgcx Hoarinu~ f}ffieor oatahli~hod ?~rs],ant tn .qoetinn_ _ ~=1 ~_flTO. Of this ('nde~ is
requested by the owner within V. ven~' days from the date of the nOtice.
(b) In the event a hearing is not requested and the violation has not been
corrected, or in the event that after the conduct of a hearing hefnre the Hearing Offieer~
and consideration of all evidence presented thereat by the owner, the gloarino Officer
' .C--ky-Mamgt? determines that a violation of one or more of the aforementioned codes.
ordinances, rules, regulations, orders or conditions in fact exists, the City Manager may
record a notice otC-vale violation in the office of the Count5.' Recorder. The determination
by the C-its'xMm'm'ger~ I-Iearino. o.__Offiqer, following a hearing, that a viumuun exists, iiia3-
in ~eeordnneo wit_h the rnles of proeod"ro est~bli~hod by $_a_id I-I.oaring Officer; is
final and_ ma~ be appealed to the City. Council iii accordance ---'"-,,itt, .lt, c .........ptuccuu, c~ ..... se[
l~Jl[ll 111 3[¢tlUll L-L/.J.k/DLt k)l all2)
(c) At the request of the affected property owner or other interested person
and upon-determination by the City Manager that the a violation has been fully corrected
and no longer exists, the Cit3.: Manager shall furnish to the owner or other interested
Person a notice of expungement of the previously recorded notice of C-rm'e violation.
Page 1 of 13
Ordinance No.
(d) The recording of a notice of C-m:l-e violation pursuant to this Section
shall be in addition to any other rights, remedies or actions available to the City by reason
of the same violation as described in the notice.
~ .~a-ticle 3-15 of the Saratoga CiB' Code is hereby amended as set forth
below. Iext to be added is indicated in bold double-underlined font (e.g.,
mxde, rli~e, ll) and text to be deleted is indicated in strikeout font (e.g., ~ttikcou0. Iext in
standard font remains unchanged by this ordinance.
ARTICLE 3-15
NOTICED NUISANCE ABATEMENT PROCEDURE
3 - 15.010 Authori~,.
This Article is adopted pursuant to the provisions of Section 38773.5 of the
~ Government Code.
3-15.020 Right of entry.
When it is necessary to make an inspection to enforce any.' thc
~ of this Code, or when the CiD' Manager m ih~ City Mmxag~x% uufl~mizcd
t cp~ c~ntativ ~ has reasonable cause to believe that there exists a parcel of land or
structure, upon whleh a premises a condition m which makes sxmh a parcel of land or
structure a nuisance as defined in this Code, the City Manager may enter the building
~ or premises at reasonable times to inspect or to perform the duties imposed by
' this Code, provided that if such building strammre or premises be occupied that
credentials be presented to the occupant and entry requested. If such building
or premises be unoccupied, the City Manager shall first make a reasonable effort to locate
the owner or other persons having charge or control of the buildi~lg ~ or premises
and request entD:. If entry, is refused, the City ~'ianag~r building u£ficial shall have
recourse to the remedies provided by law to secure entry.
3-15.030 Declaration of nuisance.
When the City Manager has inspected or caused to be inspected any
condition on any parcel of land or structure and has found and determined that such
condition on such parcel of land or structure is a nuisance, the City Manager shall
commence proceedings to cause the abatement of such nuisance and to make the costs of
such abatement a special assessment against the parcel upon which such nuisance exists.
3-15.040 Notice and order.
(a) The CiD' Manager shall issue a notice and order directed to the record
owner of the parcel of land upon which the Ci~' l~anao~or ha~ doto_rmino_d that a
Page 2 of 13
Ordinance No.
nni~anco oxlqtq. The notice and order shall contain:
(1) The street address and a legal description sufficient for identification of
the parcel of land and structures thereon.
(2) A statement that the CiD' Manager has found th~ pl~nti~ ui Mtuctuic~
~O ennditinn doomed n pnhlie nuisance nnr~nnnt tn ~-O~_Ol Of el tn ot'Jq~ with a
brief and concise description of the conditions found to ~nd~t th~ building dun~uu,
eonqtitnto a nnhlie nniqane~ under the provisions of this Code.
(3) A statement ~ ~ the ~ action required to be taken
and (ii~ qnoeifx'ina tho time in which commencement of tho action nnd/nr enmnletion
nf tho aetinn mnqt neenr~ as dete~ined by the Ci~ Manager.
(4) Staterooms ~ advising that if the abatement work is not
commenced within the time specified, the Ci~ Manager may proceed to cause the work
to be done and charge the costs thereof against the property parcel or its owner nq g Ioa~
noninqt tho nnreol nnd/nr n~ n ~noeinl a~qoq~mont and that ~neh nrnnor~' max, ho sold
after throe yonr~ hy tho tnt' collector far nnpnid delinQnent
(5)Stutcmcnt~ 3 ~tatemont whether nr nnt tho Ci~' Man,get ha~ elected
~ho nni~nneo. ~neh notice shall alqn qtnto that if tho Ci~' ~1nnnoor eloetq tn
roa~nnahlo attnrnev~q foo~_ tho nrovailina nar~' may he entitled tn qoo[
reimh~rqomont nf ron~nnahlo nnd noee~qnrilv ine~rrod nttnrnov~
t~/ t ~tntomon~ advising (i) that any person having any record title or legal
interest in the parcel of land may appeal from the notice and order or any action of the
CiB' Manager to the Bumd uf App~ui~ ~earina Officer, provided the appeal is made in
writing and filed with the Office of the CiD' Manager within tho time ~noeifiod
~oetinn ~-1 ~_O~O(h) nfthiq Code thirty day~ fium th~ datu uf~vlc~ uf~uch nuticc and
( ·
u~d~t u~ ~ithin t~n day~ fium ~uch dut~ ~f" ~"~ ' ' ' ' ' '
LII~ ~ILV ~VI~II~CI ll~ ~[CIIIIIII~ tll~t LII~
cunditiun i~ ~uch u~ to mak~ it immediately dang~tuu~ tu th~ liF~, limb, p~upc~ty
tu th~ public u~ udjuc~nt ptupmty); and (ii) that hilure to appeal will constitute a waiver
of all right to an administrative heahng and dete~ination of the matter.
(b) Sen'ice of notice and order. The notice and order, and any amended or
supplemental notice and order, shall be sen-ed upon the record owner and posted on the
prope~v: and one copy thereof- at tho nntlnn of the Ci~' %~lanaoor_ max, ~ be soD'ed
on each of the following if ~own to the CiD' Manager or disclosed from official public
records: the holder of any me,gage or deed of trust or other lien or encumbrance of
record; the owner or holder of any lease of record; and the holder of any other estate or
legal interest-of record in or to the building ~ or the land on which
k is located. The hilure of the City Manager to sen'e any person required herein to be
sen, ed shall not invalidate any proceedings hereunder as to any other person duly seD'ed
to relieve any such person ~om any duD' or obligation imposed by the provisions of this
section.
(c) Method.of senfce. Sen'ice of the notice and order shall be made upon
all persons entitled thereto either personally or by mailing a copy of such notice and order
by ce~ified mail, postage prepaid, remm receipt reqUired, to each such person at their
Page 3 of 13
Ordinance No.
address as it appears on the last equalized assessment roll of the County or as known to
the City Manager. If no address of any such person so appears or is known to the City
Manager, then a copy of the notice and order shall be so mailed, addressed to such
person, as the address of the parcel of land involved in the proceedings. The failure of
any such person to receive such notice shall not affect the validity of any proceedings
taken under this section. Sen:ice by certified mail in the manner herein provided shall be
effective on the date of the mailing.
(d) Proof of service. Proof of service of the notice and order shall be
certified to at the time of service by a written declaration under penalty of perjury
executed by the persons affecting service, declaring the time, date and manner in which
service was made. The declaration, together with any receipt card returned in
acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and
order retained by the City Manager.
3-15.050 Notices; publication.
(a) In addition to posting and serving the notice and order required by
Section 3-15.040. the City Manager slratt ~ direct the City Clerk to publish such notice
once in a newspaper of general circulation in the City. l~aU.re nf tho City ~:lanaoer tn
direct p.hlieatinn~ nr the Ci~, Clerk' tn ?llhli~h: ~lleh nntice in a new~papor nf
~oeneral circ.latinn in the Ci~' ~hall nat invalidate any prnceedino~ here.nder_
3-15.060 Recordation of notice of C-vale violation.
If compliance is not had with the notice and order within the time specified
therein, and no appeal has been properly and timely filed, the City Manager shall file in
the office of the county recorder a certificate describing the property and certifying a
notice of C-vde violation in accordance with Article 3-10.
3-15.070 I-Iearino Officer an~ Board of Appeals.
(a) In order to hear and decide appeals of orders, decisions, or
determinations made by the City Manager relative to the application and interpretations of
this Article, there shall be and is cremed eqtahli~hed hath a I-Iearlng Officer _a_nd a
Board of Appeals: the latter consisting of the City Enginvct, Director of Community
Managvi ~hall br m~ cx vffic~o m~mbcl mid ~hall act a~ ~cl~tmy to ~aid Bored but ~hall
h~v~ .ovotr upon m~y m~ttct b~Fmv thy Bvmd. Th~ m~mb~ not vmploycd by thc City
~hall bu appointed by Chair of each nf tho fnllnwin~ ~i~,
Finance_ and Planning. Faeh appeal qhall ho heard and doeidod hv tho Hearing
Ci~ , , ,,, ,, ~. ' ~' ly
~ the Council u.u ~.an notu
adnntod mntinn that tho annoal ~hnll ho heard hv tho
hv tho ~oaeino Offieoe ~.thnri~od nr ro..irod hv thiq Artielo may ho takon hv tho
Rnnrd nf Annoalq with roqnoet tn any nnnonl that tho Rnnrd nf tnno~lq i~ anthnrizod
Page 4 of 13
Ordinance No.
tn canqidor_ Tho I-Ioaring (~fficor and th_o Board shall each adopt rules of procedures
for conducting its business and shall render all decisions and findings in writing to the
appellant, with a duplicate copy to the CiD' Manager. Appeals to tho I-Ioaring Officer
and the Board shall be processed in accordance with the provisions contained in Section
3-15.080. Copies of all rules or regulations adopted by tho I-Ioaring Officor and the
Board shall be delivered to the City Manager, who shall make them freely accessible to
the public.
(b) ~ Noithor tho I-loafing Offieor nor tho Board of Appeals shall have-
nv an_r authority relative to interpretation of the administrative provisions of this Code
nor shall'the I-Ioaring Offieor ar tho Board be empowered to waive requirements of this
Code.
3-15.080 Appeal of notice and order.
(a) Any person entitled to mz.re, ge2.,d~ sen, ice ,,ndor ~octlnn
nt this Article ma3' appeal from any notice and order or any action of the City Manager
under this Code by filing with the office of the City Manager a written appeal containing:
(1) A street address and a description sufficient for identification of
the property and the affected structures thereon.
(2) The names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the
appellants in the structure or the property involved in the notice and order.
(4) A brief statement in ordinary and concise language of the specific
order rrf ~mr~mJ;al.i.ge action protested, together with any material facts claimed to support
the contentions of the appellant.
(5) A brief statement in ordinar., and concise language of the relief
sought and the reasons.why it is claimed the protested order rrr hlr_e, ar. ali~ action should
be reversed, modified or otheixvise set aside.
(6) Yhe si~oTtatures of all parties named as appellants and their official
mailing addresses.
(7) Ihe verification (by declaration under penalty of perjury..) of at
least one appellant as to the truth of the matters stated in the appeal.
(h) The appeal shall be filed within thirty days from the date of service of
such notice and order rrr thr_emamtlxe action of the City Manager; provided, however that
if the C~' M~gor hu~ dotorminod that_ t_he parcel of land or structure is in such
condition as to make it immediately dangerous to the life, limb, property or safety of the
public or adjacent property, and if tho nntleo nnd ardor nf tho Ci~' ~1unugor ~n
.nrmfde_s, such appeal shall be filed within ten days from the date of the service of the
notice and order of the CiD' Manager.
tko ~ As soon as practicable after receiving the written appeal, the "
I-loafing Offieor ar tho Secretary. of the Board of Appeals shall fix a date, time and place
for the hearing of the appeal ~. Such date shall not be less than five days nor
Page 5 of 13
Ordinance No.
, 1
more than 30 days from the date the appeal was filed with the CiD' Manager. Written
notice of the time and place of the hearing shall be given at least five days prior to the
date of the hearing to each appellant by the l-Iourlng Offieor ar tho SecretaD, of the
Board tff..A~ggala either by causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereo[ postage prepaid, addressed to the appellant at the
address shown on the appeal.
(-c-)/~ Failure of any person to file an appeal in accordance with the
l~Lovi~im,~ thi.Mltzmiaitm of this Code shall constitute a waiver of the tight to an
administrative hearing and adjudication of the notice and order or any portion thereof.
0:t-) (e) Only those matters or issues specifically raised by the appellant and
within tho inriqdietinn nftho I-Ioarino Offleor ar Rnard af &nneal~ shall be considered
in the heating of the appeal.
(O Praeod,lroq far tho eandnet aftho uppealq honring S_h_all enm?y with
the rnlo~ adnnted hv tho I-Ioarino (}ffieor ar tho Ranrd nf &nnoal~ nnr~nant to
~oetinn '1-1
3-15.090 Staying of order under appeal.
(-x) Enforcement of any notice and order of the CiD' Manager issued under
this Code shall be stayed during the pendency of an appeal therefrom which is properly
and timely filed.
Lo) PJuccdut=a lottn~ ....coxiuuct oftau"app=am' h=ati,u~ almll comply ~ith th=
ii ' ...... "' f ..... ~ ~' fo
~IOV b Ollb Ol Lll~ ]YYl ~ltlOll O tll~ ~IIIIUIIII ~U~ I tll~ ~U~L~III~IIL Ol O~IIg~IOU~
3-15.100
:Action by Hearing (}ffleer nr Rnard of Appeals. tgrrard:
If the I-Ioar o Offleor a~Board of Appeals has upheld the City Manager's
determination of nuisance, and proposed abatement, the Board shall order the CiD'
Manager to abate the nuisance. Tho rlee~s~o~ of tho I-Iourin~o Offieor ar Raard of
Annealq ~hall inch]do 9 f}ndino whether any attnrnov~' foo~ ineHrrod hv the
nrovailino nartx' wore roaqanahlx, and noco~arilx? incnrrod_ nrnVided_ hawovor_ in no
event qhail an uward af 9ttarnox, q fooq tn a nrov9ilino natty
rea~nnahlo attnrney~' fooq inenrred hy the
3-15.110 Abatement work.
The abatement work may be performed by the City's own employees or by
independent contractors, or any combination thereof. The City Manager and h/s~flxe.~2i~
Maxmg.e.~-authofized ,~p~,c.mtiv~, a.d contractors may enter upon private proper¢' as
may be necessaw or appropriate in order to abate the nuisance declared to exist upon such
propem,,'. Prior to commencement of the abatement work by or on behalf of the City, the
ff~,vnort~ o%vn
property owner may abate the nuisance at h-is tho nrnnortx, expense.
Page 6 of 13
Ordinance No.
3-15.120 Noti~e and hearing; report of costs.
The City Manager shall keep an accurate account of the abatement costs
incurred by the City, including attorney% inve~tlgatlve: admini~trative~ and direct
ahatement eaqtq and all ather reaqanahly related caqtq_ and_ at tho election nfthe
f'i~' l¥lanager a~ described helaw: rea~anahle attnrnoy fees. Such account shall
indicate, where appropriate amLf. ea.iil~, the costs attributable to each separate parcel of
land upon which the abatement work is performed. Following completion of all
abatement work, the City Manager shall prepare a final itemized written report showing
the total abatement costs and the C'i_~, ~'lanager he shall submit such report for
confirmation by the City Council at its next available regular meeting after the notice
period set forth herein. At least ten days prior to the date of such meeting, a copy of the
report together with a written notice of the date on which the same shall be considered by
the City Council shall be mailed to the persons to whom notice was mailed pursuant to
subsection 3-15.040(a) and a copy thereof shall also be posted upon the property involved
and at City Hall..qneh natice nfthe date af hearing an tho ahatement ea~t~ hy tho ('it}'
lien aoainqt tho nareel and/ar a ~necial aq~eq~ment aoainqt tho nareel and that
.a~e~ment against the narcel_ Tho ~ity ..~lanager ~hali elect whether nv nat tn
a~ a hart af ahatement ca~t~_ rea~nnahle attarnev'~ feeq ine,rred in ahatinu tho
n.iqaneo_ qneh nntiee nfthe date af hearino an tho ahatement cn~t~ hv tho City
attnrnev'~ foo~ aK hart nfthe ahatomont ea~t~ and qhail indicate that if the City
M~ger elects to seek rea~nnahle attorney's fee~: the prevailing par~, may he
entitled tn roimh.rqemont af roaqnnahlo and noeo~qaril¥ incnrred attnrne?~ fee~.
3-15.130 Protests and objections.
At the time fixed for considering the report of costs provided for in Section
3-15.120, the City Council shall hear any objections of the owners of the property to be
assessed for the abatement costs. Any person filing any protest or objection who is
affected by the proposed charge may file a written report of the objections with the City
Clerk at any time prior to the time set for the hearing on the report of costs. Each such
objection must contain a description of the property in which the signer thereof is
interested and the ~ounds of the objection. The City Council may modify the report of
cost easts iflt deemed aoo~ it necessaD'. The City Council may then, by resolution,
confirm the report as submitted or modified. The Ci~- Cm,neil ~hail make a finding
tn whether' any attarnev~q 'fee~ ine.rred hv tho City and aq~eqqed far tho ahatement
ca~tq wore rea~nnahly and neee~aril.v ine.rred_
3-15.140 Payment of abatement costs.
The City Manager may receive payment in full of the abatement costs
charged against a parcel of land at any time after confirmation of the report by the City
Page 7 of 13
Ordinance No.
Council pursuant to Section 3-15.130 and prior to the filing of such report with the
County Tax Collector pursuant to Section 3-15.150.
3-15.150 Filing report with County Tax Collector; collection of assessment.
After the City Council has confirmed the report of costs to abate the
nuisance declared to exist upon a parcel of land, and if such costs have not been paid in
full, the City Clerk shall ot the diroetinn nftho l~i~· l, lana~or oithor (1) ea,,qo n lion_
ho eharood aoain~t tho nareol nr {~~ transmit a copy of the report together with a copy
of the resolution confirming the same to the County Tax Collector, who shall add the
amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a
special assessment, for the municipal purposes, against such parcel. The amount of the
assessment shall be collected at the time and in the manner as ordinary municipal taxes.
If such assessment is delinquent, the amount shall be subject to the same interest and
penalties and procedure of foreclosure and sale provided for ordinary municipal taxes anti
tho ?rnnortx, mnv ho qnltl ~ftor throo vogrq hy the ray enlloetnr fnr unpaid delinquent
3-15.160 -Taxes paid in error; refunds; claims.
The Cid' Council may order refunded all or any part of a tax paid pursuant
to the provisions of this Article if the CiB' Council finds that all or any part of the tax has
been erroneously levied. A tax, or any part thereof, shall not be refunded unless a claim
is filed with the City Clerk on or before March 1 st after the tax became due and payable.
The claim shall be verified by the person who paid the tax or his guardian, executor,
administrator, personal representative or successor in interest.
SECTION 3. Article 3-20 of the Saratoga City Code is hereby amended as set forth below.
Text to be added is indicated in bold double-underlined font (e.g., hair dnnhlo-untlorlino~)
and text to be deleted is indicated in strikeout font (e.g., ~ttik~uut). Text in standard font
remains unchanged by this ordinance.
Article 3-20
EMERGENCY NUISANCE ABATEMENT PROCEDURE
3-20.010 Authority.
This Article is adopted pursuant to the provisions of Article 6 (commencing
with Section 38771) in Chapter 10, Division 3 of Title 4 of the ~ Government
Code.
3-20.020 Nuisance declared.
Any violation of any of thc pxuvi~iun, ~ of this Code, or any other
ordinance of the City, or any rule, regulation or order promulgated or issued pursuant to
Page 8 of 13
Ordinance No.
this Code, or the provisions of any Code adopted by reference by this Code, or in
violation of any condition of an any.' approval, permit or license ~anted pursuant to this
Code, shall constitute and is declared to be a nuisance. Ihis includes, but is not limited to
any encroachment upon or obstruction in or to, any public sidewalk, street, alley, lane,
court, park, trail or easement, or other public place. Such nuisance may be abated
pursuant to the procedure set forth in this Article.
3-20.030 Alternate procedure.
This Article constitutes an alternate procedure to Article 3-15 of this
Chapter for abatement of a nuisance and for assessment of the abatement costs against the
property on which such nuisance is maintained or from which such nuisance extends.
3-20.040 Abatement by City Manager.
If.. in the opinion of the City Manager, any nuisance, as defined in Section
3-20.020 constitutes an immediate hazard to the public health, safety or welfare or
materially interferes with public travel or passage, the City Manager may abate such
nuisance. The abatement work may be performed by the City's own employees or by
independent contractors, or any combination thereof. The City Manager and his the.=Ci~
~ authorized lcptc~cntativc~ and contractors may enter upon private property as
may be necessary or appropriate in order to perform the abatement work.
3-20.050 Report of costs.
The City Manager shall keep an accurate account of the abatement costs
incurred by the City, including attorney,' inve~tigs.tlvo: s.dminiqtrs.tive: and direct
s.hs.tement eaqtq s.nd all nther res.qanahl.x- reis.ted en~t~; s.nd: s.t the eleetian afthe
('i~? ,'~,lanagor s.~ described helmv~ res.qans.hle s.ttarne?~ fees. Such account shall
indicate, where appropriate s.nd fes.qihle, the costs attributable to each separate parcel of
land upon which the abatement work is performed. Following completion of all
abatement work, the City Manager shall prepare a final itemized written report showing
the total abatement costs and ~ he shall submit such report to the City
'Clerk. The City Clerk shall thereupon schedule the matter for hearing by the City
Council at its ~lcxt availabl~ a regular meeting after the notice period set forth in Sections
3r20.060 and 3-20.080 s.nd nat ls.ter ths.n 4~ ds..x--'q s.fter the receipt afthe re.hart hy the
i~.[P.I~. The (`i~' l~/ls.ns.ger ~hall elect whether nr nat tn qeek_ s.q s. ns.rt af
s.hs.tement enqt~_ res.~ans.hle s.ttarnev'~ feeq inenrrod in s.hs.tinu the n,~i~anee..queh
natiee of the ds.te nf hearino nn the s.hs.tement eaqtq hv the (`iix- Cnnncil ~hall
indies.te whether the Ci~- ~.Ts.ns.~oer intend~ tn ~eek res.~nns.hle s.ttnrney'q fee~ aS part
afthe s.hs.tement eaqtq s.nd ~hs.I! indies, to that if the ('iix' h, lans.uer eleet~ tn qeek
rea~nnahle attnrne?~ fee% the prevailin~o ps"rix' ms.x' ho entitled_ tO reimh~,r~ornent af
Page 9 of 13
Ordinance No.
3-20.060 Notices; posting.
(a) At the time the Ci~- Manager he submits the report of costs to the Ci~,
Clerk, the City. Manager shall also cause notices to be conspicuously posted on the
property, on which the abated nuisance existed or from which the abated nuisance
extended as follmvs:
(1) One notice on each separately owned parcel of property of not over rift).'
feet frontage; or
(2) Not more than two notices on any parcel over rift3.' feet frontage but less-
than one hundred feet frontage; or
(3) Notices not more than one hundred feet apart if the frontage of a parcel
is ~eater than one hundred feet. ~
(b) Such notices shall be posted at least fifteen days prior to the time for
heating by the City. Council of objections to the proposed assessment.
3-20.070 Notices; form.
The notice required by Section 3-20.060 shall be substantially in the following
NOTICE'OF ABATEMENT OF NUISANCE
AND FIXING OF SPECIAL ASSESSMENT
NOTICE IS HEREBY GIVEN that the citY of Saratoga has
caused .... tv b~ Lcmovud
from [?eei~? ~tlth'e~] ~t public place,
cut tain cnct uaclun~nt~ th~x con ut ub~ tx uc tiun~ thc~ ~in
d~ctibcd a~ which constituted ~
~ a public nuisance. ' '
~ An itemized wfi~en report
showing the costs of such removal is on file in the office of
the CiD' Clerk. Tho Ci~' ~'lanagor (ha~)(ha~ nnt) elected tn
~ook_ aq a hart af nhntomont eflqtq_ rea~nnahlo attarnov~
foo~ incurred in ahatino tho nn~qaneo_ If tho City ~'lanaoor
~ r
haq elected tn ~ook qneh attnrnov ~ fooq_ tho nrex ailino
nar~, may ho entitled tn ~oo~ reimbursement nf
rva~nnahlo ~nd nocoqqarily incurred a/tnrnoy'~ foo~_
Reference is hereby made to such report fOr ~nher
pa~iculars. It is the intention of the CiB' Council of the Ciw
of Saratoga to make the costs of such removal a ~
special assessment against the prope~, on which said
nuisance was maintained or from which said nuisance
extended, said assessment to be collected at the same time and
in the same manner as ordina~ municipal taxes.~
nrnnor~, may ho anld aftor throo x'oar~ hv tho tax enlloetflr
Page 10 of 13
'Ordinance No.
far nn?aid dolinq!!ont a~o~smont_~ The property to be
assessed is described as follows:
Any properD' owner objecting to the proposed special
assessment is hereby notified to attend a meeting of the CiD'
Council of the City of Saratoga to be held on
-1-920 , commencing at [spoeifiod timo] --TpTmT., at the
Saratoga CiD: Hall, 13777 Fruiwale Avenue, Saratoga,
California, when s,cb prnpor~? nwnor'~i their objections will
be heard and given due consideration.
Dated this daym,' 's~ ~'
day nf _ '~fl
CiD: Manager
City. of Saratoga
3-20.080 Notices; publication and mailing.
(a) In addition to posting the notice required by Section 3-20.060, the City
Clerk may.' shall publish such notice once'in a newspaper of general circulation in the
City, and shall mail such notice to each owner of the property described in the notice, as
shown by the latest assessment roll available to the CiD' on the date of mailing. Tho
fail.to nf tho Citv Clork tn n.hlish sneh nntieo in a novvsnanor nf oonoral eire.latlnn
in tho Ci~' nr tho faihnro of tho C'i~? Clork tn sorvo an}' .norsnn roq.irod horoin tn ho
sorvod shall nnt invalidate anv nrneoodinoa horo. ndor as tn any nartv al.Iv sorvod tn
(b) The notice shall be published and mailed by the CiW Clerk at least
fifteen days prior to the time for hearing by the CiD' Council of the objections to the
proposed assessment.
(c) The notice published and mailed by the City, Clerk shall be substantially
in the form set forth in Section 3-20.070, except that such notice shall be signed by the
City Clerk.
3~20.090 Hearing.
At the time stated in the notice set forth in Section 3-20.070 the City
Council shall receive and consider the report of costs provided for in Section 3-20.050
and shall hear any objections of the owners of the property to be assessed for the
abatement costs. The CiD' Council may modify the report if ducmcd ~
necessary.. The hearing may be continued from time to time.
Page 11 of 13
Ordinance No.
3-20.100 Action by City Council.
At the conclusion of the hearing provided for in Section 3-20.090, the CiD'
Council shall allow or overrule any objections to the proposed assessment. If no
objections have been made at the hearing or the City Council has overruled those made,
the City Council shall, by resolution, confirm the report of costs as submitted or modified.
The Ci~, Conncil qhall make ~_ finding whether any attnrney'S _feeq incurred hy the
Citx' and aqqe~ed far the ahatement cnqt~ ,,,,'ere rea~nnahlx? and neceqqarilx, ine,.rred_
nrnvided_ hnwex.er_ in nn ex.ent ~hall an award nf attnrnex.~ feeq tn a nrevailin,
part}, e,.'eeed the amn~]nt nlv rea~nnahle attnrnex.~ fee~ ine_nrred hy the ("ix't_
3-20.110 Payment of abatement costs.
The Cit3, Manager may receive payment in full of the abatement costs
charged against a parcel of land at any time after confirmation of the report by the City
Council pursuant to Section 3-20.100 and prior to the filing of such report with the
County Tax Collector pursuant to Section 3-20.120.
3-20.120 Filing report with County Tax Collector; collection of assessment.
After the City Council has confirmed the report of costs to abate the
nuisance, and if such costs have not been paid in full, the CiD' Clerk shall at th__.____eo
directinn nffhe Cih, l~'lanaoer either (11 can~e a lien tn he charoed aoainqt the parcel
~ transmit a copy of the report together with a copy of the resolution confirming the
same to the Count3: Tax Collector, who shall add the amount of abatement costs, or
unpaid portion thereof, to the next regular tax bill as a special assessment for municipal
purposes levied against the property on which the nuisance was maintained or from which
said nuisance extended. The amount of the assessment shall be collected at the time and
in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount
shall be subject to the same interest and penalties and procedure of foreclosure and sale
provided for ordinary municipal taxes and the prnperty may he ~nld_ by fro tax'
enlleetnr far lin?aid delin?~ent a~eq~ment~.
3-20.130 Taxes paid in error; refunds; claims.
The City Council may order refunded all or any part of a tax paid pursuant
to the provisions of this Article if the City Council finds that all or any part of the tax has
been erroneously levied. A tax, or any part thereof., shall not be refunded unless a claim
is filed with the Cit3' Clerk on or before March 1 st after the tax became due and payable.
The claim shall be verified by the person who paid the tax or his guardian, executor,
administrator, personal representative or successor in interest.
~qeclic~n 4_ ~qeverance Clan~e
The Cit3, Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
Page 12 of 13
Ordinance No.
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase
of this ordinance is held invalid, the City Cbuncil declares that it would have adopted the
remaining provisions of this ordinance irrespective of the portion held invalid, and further
declares its express intent that the remaining portions of this ordinance should remain in
effect after the invalid portion has been eliminated.
.qection 5. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the Cie' of Saratoga within fifteen days after its
adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 21st day of Februa~,, 2001, and was adopted
by the following vote following a second reading on the __ day of .2001:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
Ci~' Clerk
Page 13 of 13
Ordinance No.
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001
ORIGINATING DEPT: Public Works
P REPAREDBY: . _~~
AGENDA ITEM:
CITY M.4aNAGER:
SUBJECT: Review of Union Pacific Railroad Trail Memorandum of Understanding and
Feasibility Study
RECOMMENDED ACTION(S):
1) Authorize City' Manager to Execute Memorandum of Understanding
2) Approve S 10,000.00 dollar allocation to conduct Feasibility Study.
3) Adopt resolution making adjustments to Fiscal Year 2000-01 buc[~et.
REPORT SUMMARY:
The proposal to construct a trail along the segment of the Union Pacific Railroad easement
running through the cities of Cupertino, Saratoga, Los Gatos and Campbell began when ~oups
of West Valley pedestrians, equestrians and bicyclists expressed interest in developing th~ area.
The existing Railroad right of way and adjacent properties are presently being used as a trail by
these user ~oups without permission from Union Pacific Railroad. presenting public safetY,
concerns, and inviting illegal dumping and other undesirable activities. The se~oment is used b~,'
these ~oups as a connection route to other trail segments in the area, as a comn~utino~ corridor t~
work and school and could be developed as a linkage for users of Con~ess Spfin~s Park. The
proposed trail segrnent length is 8.7 miles, with Saratoga's portion bein~o 3.7 miles.
Development of the trail will offer recreational and commt~ing opportunities-for Saratoga
residents, and will ser,'e as an important linkage to other significant trail venues in the area. such
as the Stevens Creek Trail and Rancho San .Antonio County Park trails to the North, and Los
Gatos Creek Trail and Vasona Lake Counw Park trails to the South. The proposed trail is
included as a Regional Trail Route in the Santa Clara County Trails Master Plan. is a proposed
bicycle corridor in the Santa Clara County Congestion Management Pro,am'and could be
included as part of the Juan Bautista De .Anna Nat~'onal Historic~Trail, a Millennium Trail, once
completed (please see attachment A).
At their regular meeting on March 21, 2000, City Council passed Resolution 00-016 (please see
attachment B) in support of the creation of the Union Pacific Railroad Trail Ad Hoc Task Force
to study and recommend a plan for developing the proposed trail. The task force meets on a
monthly basis, with the City of Cupertino being the lead agency, and has developed a draft
Memorandum of Understanding for execution bv each City (Attachment C), along with a
Request for Proposal (R.F.P.) for the Feasibility Study of the Union Pacific Railroad Trail
(Attachment D)~_..The Feasibility Studv R.F.P. was sent out December 2000, and interviews will
be conducted F~aD' ~001. The firm selected should complete the Feasibility Studv sometime
in October, wh~ it will be reviewed by the Task Force. The initial anticipated cost of the trail
project, without the data from the Feasibility Study, is $9,200,000.00. Ihe VTA will fund 80%
percent, or 57,360,000.00 with the balance of $1,840,000.00 representing the four cities local
match. A method of allocating the local match costs needs to be developed. One cost allocation
method is splitting the local match costs evenly four ways, with each City contributing
approximately 5460,000.00. If a pro rata share method is used, the length of each City's trail
portion will determine the local match cost for each City. Under this method, Saratoga would
contribute 42.53% percent toward the local match cost, or approximately $782,552.00.
To proceed forward with the Feasibility Study, each participating member is asked to execute the
Memorandum of Understanding by February and contribute towards the local match of the
Feasibility Study. The Cities agreed to split the cost evenly at $10,000.00 per City. Recently, the
City of Campbell objected to this agreement because they have the smallest portion of the trial
running through their City, approximately one-half mile. The new cost allocation is:
· City of Campbell, 52,000.00
· City of Cupertino, $18,000.00
· Town of Los Gatos, SI0,000.00
· City of Saratoga, SI0,000.00
The City of Saratoga is being asked to contribute $10,000.00 towards the local match. At their
February 5, 2001 meeting the Parks and Recreation Commission recommended contributing
$10,000.00 towards the Feasibility Study. Since Park Development Funds have been fully
allocated towards other approved projects, the Commission recommended the $10,000.00 be
funded from another source of City Funds. Ihe City Attorney has reviewed the Memorandum of
Understanding (attachment C), provided feedback to the task force, and approved the final edited
version. If City Council approves contributing $10,000.00 towards the feasibility study, a
Resolution of the City Council of the City of Saratoga making appropriation adjustments to the
Fiscal Year 2000/01 Budget will need to be passed and adopted (attachment F).
The Project Lead Agency, the City of Cupertino, will present the executed Memorandum of
Understanding from each participating City to their City Council at their March 5, 2001 Council
Meeting for approval.
FISCAL IMPACTS:
Allocation of $10,000.00 dollars from City funds. If the City Council approves this expenditure,
funds will need to be appropriated. Contingency could be used for this purpose.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City will not contribute $10,000.00 dollars towards the Union Pacific Railroad Trail
Feasibility Study, possibly dela34ng or terminating the project.
2 of 4
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Forward executed Memorandum of Understanding to City of Cupertino.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
A) Union Pacific Railroad Trail Fact Sheet
B) Resolution 00-016, U.P. Task Force Creation
C) Final draft, Memorandum of Understanding
D) Request for Proposals, U.P.R.R. Trail
E) Letter from Richard Lowenthal, City of Cupertino Vice Mayor
F) Resolution making adjustments to Fiscal Year 2000-01 budget.
3 of 4
AT fACHN-1EN [
Union Pacific Railroad Trail Fact Sheet
October 10. 2000
Data:
Plansi
ackground:
A group of West Valley bicyclists and pedestrians want to build the Union Pacific Railroad Trail along the existing Union
Pacific Railroad track in Santa Clara Count'. Bicyclists, pedestrians and equestrians currently are using the Union Pacific
Railroad right of way and adjacent properties. Development of the Trail will offer recreational and commuting opportunities
for residents. It will link with Stevens Creek Recreational Trail in the north and Los Gatos Creek Trail in the south. It will
interconnect with many east-west bicycle facilities and bus routes. As a major bikeway corridor it will parallel the West
Valley Freeway (State Route 85). This Trail has a potential to be included as part of the Juan Bauusta De Anza National
Historic Trail. a Millennium Trail.
Approximate length of the trail is about 8.7 miles. It runs through Los Gatos (1.3 miles). Campbell (0.3 miles). Saratoga
(3.7 miles) and Cupertino (3.4 miles).
The Trail is included as a Regional Trail Route in the Santa Clara County Trails Master Plan. The Santa Clara County
General Plan identifies it as a proposed trail. It is a proposed bicycle corridor in the Santa Clara County Congestion
Management Program. The Trail is proposed for inclusion in the Santa Clara Valley Transportation Plan 2020.
Stakeholders:
Union Pacific Railroad Company, Pacific Gas & Electric Company, Santa Clara Valley Water District. California
Department of Transportation, CounD' of Santa Clara, Town of Los Gatos, Cit?' of Campbell, City of Saratoga. and City of
Cupertino.
Benefits:
· Connections to activin' and employment centers in West Valley
· Recreational and commuting opportunities for residents
· Link to SCVTA bus routes
· Access to schools, parks and open spaces
· Access to historical and cu]tural resources
· Improvement of public safer?
· Elimination of unlawful dumping and trespassing
· Potential development of parklands and landscaping
· Economic opportunities for businesses
· Preservation of railway corridor
Kev Issues:
Easement acquisition from Union Pacific Railroad Company and other agencies.
Funding to build the Trail.
Acceptance of Trail by adjacent property owners.
Cost Estimate (approximate):
Initial Steps:
1.
3.
Feasibility. study - $125,000
Master Plan & Environmental Document - $200,000
Project development - $9,000,000
Negotiate with Union Pacific Railroad Company.
Create a task force of West Valley citizens.
Engage a consultant to prepare a feasibility study.
ATTACHMENT B
RESOLUTION 0 0 - 016
RESOLLrrION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REQUESTING THE COUNTY OF SANTA CLARA
CREATE A TASK FORCE FOR THE
UNION PACIFIC RAILROAD TRAIL
FOR SANTA CLARA COLrNrry
WHEREAS, the Union Pacific Railroad Trail (Trail) is a route that hms through Santa Clara
Count)'; and
WttEREAS, the Trail is included as a Regional Trail Route in the Santa Clara Count).' Trails
Master Plan, as a Proposed Trail in the Santa Clara County General Plan, and as a proposed Bicycle
Corridor in the Santa Clara County Congestion Management Program; and
WHEREAS, the Trail is proposed for inclusion in the Valley Transportation Plan 2020 of the
Santa Clara Valley Transportation Authority; and
%~IEREAS, the cities of Campbell, Cupertino, Los Gatos, San Jose, and Saratoga are very
interested in developing the Trail for both recreational and commuting opportunities along the trackage of
Union Pacific Railroad Company; and
WHEREAS, a task force of citizens, including members of city bicycle advisor' committees,
w'ith the Count).' of Santa Clara as lead agency should study the feasibility of the Trail,
THEREFORE, BE IT RESOLVED, the City Council of the City of Saratoga request the Board
of Supe~'isors of the Count' of Santa Clara create a task force of citizens from the cities of Campbell,
Cupertino, Los Gatos, San Jose, and Saratoga to study the feasibility of the Union Pacific Railroad Trail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga,
California, held on the 21~' day of March, 2000 by the .following vote:
COUNCIL MEMBE1LS:
AYES: WALTONSMITH, BAKER, STREIT, MEHAFFEY, BOGOSIAN
NAYS: NONE
ABSENT:
NONE
ABSTAIN NONE
o[
CLERK OF THE CITY OF SARATOGA
SA1LATOGA, CALIFORNIA
ATTACHMENT C
MEMOI:L-XN-DL.~..~I OF L~NDERST.~N'DLNG OF THE CITY
OF C.4dMPBELL, CITY OF CUPERTLNO, TO13,~ OF LOS GATOS
CITY OF SARATOGA, COL_rNTY OF S.&NTA CLARA ANT) SANTA CL)dLA VALLEY
TtL~.NSPORTATION AUTHORITY
THIS MEMO1L,-XNDLLM OF LrNDERST.&NT)ENG is made and entered this __ day of
· 2001, between and among the Cit-3., of Campbell, Ci~' of Cupertino. Town of Los
Gatos, City' of Saratoga, County of Santa Clara, and Santa Clara Valley Transportation Authority
(collectively, the "local agencies") in a joint effort to study the feasibility to develop the proposed-
Union Pacific Railroad Trail (see Exhibit A for project location). The Memorandum of
Understanding addresses principles regarding the issues related to development of the Proposed
Union Pacific Railroad Trail, including the feasibility study, task force, local match, negotiation
strategy, and other principles.
RECITALS
The proposed Union Pacific Railroad Trail, in the West Valley of Santa Clara County. would
extend from the Town of Los Gatos through the City of Campbell and the City of Saratoga to the
City of Cupertino within the right-of-way of the Union Pacific Railroad Company.
The proposed Trail is included as a Regional Trail Route in the Santa Clara County Trails Master
Plan. The Santa Clara County General Plan identifies it as a proposed trail. The proposed Trail
also is identified as a proposed bicycle corridor in the Santa Clara County Congestion
Management Pro,am. The proposed Trail is in the Santa Clara Valley Transportation Plan 2020
and in the Santa Clara Countywide Bicycle Plan. The proposed Trail would have the potential to
be included as part of the Juan Bautista De ?mza National Historic Trail, a National Mille~mium
Trail.
There is interest among the City of Campbell, City of Cupertino, Town of Los Gatos, City of
Saratoga, County of Santa Clara. and Santa Clara Valley Transportation Authority in developing
the proposed Union Pacific Railroad Trail for both recreational and commuting opportunities.
To this end, the local agencies desire to conduct a study to determine the feasibility of such
development, and to determine the feasibility of acquiring easements from the Union Pacific
Railroad Company by the negotiation of terms.
The Santa Clara County Bicycle Expenditure Progam has projected $3,400,000 for initial
development of the proposed Union Pacific Railroad Trail, including a feasibility study. Of this,
Santa Clara Valley Transportation Authority has allocated $2,720,000 (80%). The local match
by the City of Campbell, City of Cupertino, Town of Los Gatos, and City Saratoga would be
5680,000 (20%).
PRLNC[PLES
Subject to compliance with all applicable laws, all local agencies to this Memorandum of
Understanding a~ee as follows:
The local agencies will establish a task force, which will meet monthly to oversee
development of the feasibility study by a consultant on the proposed Union Pacific Railroad
Trail. The scope of work for the feasibility study will be jointly determined and approved bv
not less than a 2/3 vote of the task force.
Each local agency' will designate a staff representative and a community representative to
serve on this task force. Each local agency shall have one vote on the task force.
°
The City of Cupertino will act as lead agency to support the task force and administer work
associated with the feasibility study, including management of the consultant. Their staff
costs will not be reimbursed.
4. The costs to develop the feasibility study will not exceed S200,000, which includes $160.000
from the Santa Clara Valley Transportation Authority and 540,000 as a local match.
The City of Campbell, City of Cupertino, Town of Los Gatos, and City of Saratoga will each
contribute for their local match (see Exhibit B). The task force must approve any additional
costs. Excess funds will be returned to the local agencies.
6. The City of Cupertino will engage a consultant to perform transportation planning and traffic
engineering sen'ices for the feasibility study.
The City of Cupertino will engage a consultant to perform project management sen'ices to
manage work of the feasibility study consultant.
Any of six local agencies ma3', upon 60 days written notice to the other local agencies,
withdraw from this Memorandum of Understanding, however, any monies for the local
match will not be returned.
IN' WITNESS WHEREOF: the local agencies hereto pursuant to resolution of their
respective governing boards, have caused this Memorandum of Understanding to be executed as
of the dav and year first hereinabove written.
2
CITY OF CAMPBELL:
ATTEST:
Bernard M. Strojny, City Manager
APPROVED AS TO FORM:
Anne Bybee, City Clerk
Date: ,2001
William Seligmann, City Attorney
CITY OF CUPERTENO:
ATTEST:
David W. Knapp, City Manager
Kimberly Smith, City Clerk
:&PPROVED AS TO FORM:
Date:
,2001
Charles Kilian, City Attomey
TOX3,-~ OF LOS GATOS:
ATTEST:
Debra Figone, Town Manager
Marion Cosgove, Town Clerk
APPROVED AS TO FORM:
Date: .2001
On-v Koub, Town Attorney
3
CITY OF S.ML,~TOGA:
ATTEST:
Dave .anderson, City Manager
Cathleen Boyer, City Clerk
.APPROVED AS TO FOI~M:
Date: ,2001
Richard Taylor, City Attorney
COL~'TY OF S.~NTA CLARA,:
ATTEST:
James T. Beall. Jr.
Chairperson, Board of Supervisors
Phyllis Perez
Clerk, Board of Supervisors
.APPROVED AS TO FORM & LEGALITY: Date:
,2001
Kathr2..u A. Berl7
Deputy County Counsel
SANTA CLA1La. \:ALLEY T1L,-XNSPORTATION AUTHORITY:
ATTEST:
Peter M. Cipolla
General Manager
Sandra We.x-mouth
Secretary
APPROVED AS TO FORM & LEGALITY: Date:
,2001
Suzanne B. Gifford
General Counsel
4
EXHIBIT A
PROPOSED UNION PACIFIC RAILROAD TRAIL
LOCATION MAP
EXHIBIT B
LOCAL MATCH
FOR FEASIBILITY STUDY ON
PROPOSED UNION PACIFIC RAILROAD TRAIL
LOC.aL MATCH
FOR FEASIBILITY STUDY ON
PROPOSED UNION PACIFIC IL~ILRO.M) TRAIL
Feasibility Study
- total $200.000
- Santa Clara County Bicvcle Expenditure Pro.am $160.000
- localmatch S40.000
Local match contribution
- City of Campbell $2.000
- City of Cupertino $18.000
- Town of Los Gatos S10.000
- City of Saratoga S10.000
Total local match $40.000
CITY OF
coP P4 o
ATTACHMENT D
10300 Torte Avenue
Cupertino. CA 95014-3255
~4081 7-'7-3354
Fax: !408i -':7-3333
Department of Public \Vorks
File No. 74.009.07
December 18. 2000
SUBJECT:
Dear Sir or Madam:
REQUEST FOR PROPOSALS (RFP) FOR
TRANSPORTATION PLAN.'NING &
SERVICES FOR FEASIBILITY STLrDy
RAILROAD TtL~IL
'TRAFFIC ENGINEERING
OF THE L':'%'ION PACIFIC
The City of Cupertino is requesting proposals from qualified firms to provide transportation Dlannine
and traffic engineering sen, ices for the feasibility study of the Union Pacific Railroad Tr;il in th~
West Valley of Santa Clara County
Submittal Instructions: Interested firms must submit nine (9) copies of their proposal to: Raymond
Chong. City Traffic Engineer. Ci~' of Cupertino. 10300 Torte Avenue. Cur~ertino. CA 9501~. The
deadline for submittal is Thursday. Januaj-v '~ 2001 at _:0¢ v:m. Incomplete or late submittals max'
~'~ rejected
Project Background/Description: The Union Pacific Railroad Trail (Trail) is a proposed trail of
about 8.7 miles along existing Union Pacific Railroad trackage in the West Valley of Santa Clara
County from the Town of Los Gatos through the City of Campbell and the City o~' Saratoga to the
City of Cupertino. The development of this Trail will offer recreational and commutine
opportunities for residents. It will link with Stevens Creek Recreational Trail and Rancho Sa~
Antonio County Park in the north and Los Gatos Creek Trail and Vasona Lake County Park in the
south. It will interconnect with manx' east-west bicycle facilities and bus routes. As a major
bikeway corridor, it will parallel the West Valley Freewav (State Route 85).
The Trail is included as a Regional Trail Route in the Santa Clara County Trails Master Plan. The
Santa Clara Countv General Plan identifies it as a proposed trail. It is par~ of the Santa Clara Cross-
County Bicycle Corridor. The Trail is included in the Santa Clara Valley Transportation Plan 2020
and part of the Bicycle Expenditure Program.
The Trail has the potential to be included as part of the Juan Bautista De Anza National Historic
Trail. a National Millennium Trail. The 1.200-mile trail commemorates the American portion ~fthe
route followed by Spanish Commandant Juan Bautista de .Anza in 1775-1776. He led a contineent
of soldiers and their families from Culiacan. Mexico to found a presidio and mission at-the
December 11, 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Stud.-,'
Page~ '~ of 8
strategically located port of San Francisco.
The major stakeholder is the Union Pacific Railroad Company. which is the propert? owner of the
right of way. Other stakeholders are Hanson Permanente Cement. Pacific Gas & Electric Company.
Santa Clara Valley Water District. California Department of Transportation..National Park Sen'ice.
Santa Clara Valley Transportation Authority. County of Siinta Clara. City of Camvbell. City of
Cupertino. Town of Los Gatos. and City of Saratoga.
The Santa Clara Valley' Transportation Authoriv,.' will fund $3.400.000 of the total program estimate
of 59.200.000 to develop the Trail under the Santa Clara County Bicycle Expenditure Program.
A Task Force being formed under a proposed Memorandum of Understanding will oversee the
Feasibiliu' Stud3'. The City of Campbell. City' of Cupertino, Town of Los Gatos. City- of Saratoga.
County of Santa Clara. and Santa Clara Valley Transportation Authority are members of the Task
Force. The City of Cupertino is the lead agency. Monthly meetings are usually held on the first
Thursday.
The Feasibility Study will study the feasibility of developing the Trail. It will identify and address
major concerns. Within the Trail corridor, there are 3 bridges. 15 street crossings. 8 creeks, and
4 culverts.
Funding/Budget: The Feasibility Studv is funded by the Santa Clara Count,',' Bicycle Expenditure
Program. This includes all administration, transportation planning, and traffic engineering to
perform the Feasibility Study. Tile total project budget is $190.000.
Information available from the City:
'Fh=. ;'oiiowing information is attached to this RFP:
· Map
· Photographs
· Physical features
· Action plan
· Database of contacts
Oti~er information that will be made available to the selected consultant include the following:
· Traffic data
· Traffic collisions data
· Physical features inventory
· Site photographs
· Aerial photographs
· Improvement plans
· General Plans
· Land use maps
December 11. 2000
Request for Proposals: Union Pacific Railroad Trail Feasibiliw Study
Page 3 of 8
General Scope of X¥ork: The City generally defines scope of work for the project as shown beioxv.
The consultant may propose additional work in their proposal.
Task I - PROJECT MANAGEMENT:
This task shall include all the necessary activities for the consultant to manage the prqiecz. It includes
coordination with subconsultants, utility companies, other agencies, and tile City. Specific tasks
include the following:
Prepare and update project contacts list
Prepare and update pr~ect schedule
Prepare monthly progress reports - including work accomplished during the past month.
work scheduled for the upcoming month, any outstanding issues that may affect schedule
and/or budget, and status of budget
Prepare meeting agendas, meeting minutes, including action items
Attend kick-off and monthly progress meetings with the Task Force.
The work products are vroiect contacts list. project schedule, monthly p = ~ repons, meetin,,
. . _ roorest
agendas, and meeting minutes.
Task." - INVENTORY:
This task shall be an inventory of resources, include data c°llection and resources mapping:
· properU.' ownership - public lands, private lands, creek rights, conservation easements, utility
easements, large land holdings, street right of way
· land uses-types
· natural resources-unique landforms and features
· conflicting uses - creek crossings, grade crossings, bridges
· historical & cultural resources - Juan Bautisa De Anza National Historic Trail. historic
landmarks, points of interest, and interpretative & educational opportunities
· major developments - neighborhoods, employment centers, downtown
· recreation - trails, greenways, parks and open spaces
· environmental features - geography, topography, water, soil ty'pe, climate, vegetation.
geology, natural features, wildlife, flora, flooding history
· transportation and socioeconomic data - travel patterns, biking and walking data. bikeways.
trails, greenways, employment centers, activity centers
· railroad operations - current and future
· safety conditions - criminal incidents, traffic collisiOns railroad accidents
An environmental assessment is not necessary for the Feasibility Study.
The work product is a working paper with resource maps and data.
December 11. 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Study
Page 4 of 8
Task ~ - ANALYSIS OF BENEFITS. NEEDS. OPPORTL~'ITIES AND CHALLENGES'
This task shall include analvsis of benefits and needs of the Trail. It should discuss recreational and
commuting opportunities and trip reduction. It should address technical issues including trail uses
l equestrian, biking, walking) railroad safety, grade crossings, barriers, setbacks, management.
liability, access, landscaping, and permits. It should address community issues inciuding noise.
privacy, crime, littering, maintenance, property values, and securiw. Each issue shouid be anaivzed
for the positive and negative aspects. The Task Force x~411 hold four community meetings to receive
public input on concerns related to the Trail. The consultant will coordinate the conzmunitv meetinu
format and facilitate each community meetings.
The work product is a working paper on benefits, needs, opportunities and challenges, and an
executive summary of public input at the communiw meetings.
Task 4- DEVELOPMENT OF CONCEPTUAL ROUTES:
This task shall be development of the conceptual route after the inventory and analysis of resources
and issues. Several conceptual route alternatives should be identified with an evaluation of
opportunities and challenges (right of way. conflicts, etc.) with typical cross sections. The Task
Force shall select the preferred alternative based on the available information.
Tiae work product is a working paper on the Conceptual routes with a discussion on the preferred
alternative for a conceptual route.
Task ~ - DEVELOPMENT OF L :'NIFOtC\! STANDARDS
This task will develop uniform standards for the Trail that will address operation & maintenance.
access, crossings, signage, and amenites. It should consider unique opportunities and identiIX' users
of the Trail. The Trail should be developed in accordance with Santa Clara County's "Uniform
Interjurisdictional Design. Use and Management Guidelines". Santa Clara Valley Transportation
Authoritv's "Bicycle Technical Guidelines." and Caltrans' "Highway Design Manual" and
California Public Utilities Commission "General Orders."
The work product is a working paper on uniform standards.
Task 6 - IMPLEMENTATION
This task should define actions to implement the Trail in phases over a period of time. It should
have a schedule of milestones to implement the Trail by priority. It should include preliminary cost
estimate of costs, broken down bF' segments, with a funding scenario (e.g. Recreational Trails
Program. Transportation Enhancement Activities Program. parks bonds, general obligation bonds).
It shall recommend the roles and responsibilities of the local agencies on operation and maintenance
and discuss constraints. It shall recommend a negotiation strategy with Union Pacific' Railroad
Company to acquire trail easements.
December 11. 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Study
Page $ of 8
The work product is a working paper on implementation with a schedule of milestones.
Task 7 - REPORT
The task is to prepare a draft report for review and comment by the Task Force and a final ret)on
acceptance by the Task Force. Its chapters shall include: executive summar:'i introduction.
background, inventory, benefits and needs, conceptual route, uniform standards, impiexnentation,
and conclusions & recommendations. Working papers should be pan of the appendices. Tile rep6n
si~all present a preferred conceptual route and clearly address all issues. The consultant simll present
the report with staff to the City Councils of Campbell. Cupertino and Saratoga and Town Councii
of Los Gatos.
The work products are the administrative draft report, draft report and final report with appendices.
GENEIL4,L REQUIREMENTS
Insurance and Indemnification Requirements: During the course of work. the following insurance
and indemnification requirements with the City as additional insured will be in force. General
minimum requirements are as follows:
· Workers compensation insurance to cover its employees ($1.0 million for each occurrence).
· Commercial general liability insurance including Personal iniurv and property damage
insurance ($1.0 million for each occurrence and 52.0 million in ae,,reeatei.
· Automobile liability insurance ($1.0 million for each occurrence).
· Professional liability (errors and omissions) insurance (S1.0 million for each occurrence).
· Indemnification and hold harmless provisions related to the consultant's negligent acts. errors
or omissions.
£'onsultant shall use the City's insurance forms with the consultant agreement. Sample ones are
a:tached for your review. If you have any problems, state them in the technical proposal.
Consultant Agreement Requirements: A sample consultant agreement outline is for your review.
lf x ou have any problems, state them in the technical proposal.
Business License Requirements: The consultant -and their subconsultants must hold or obtain
business licenses in the City for any work within City limits.
PROPOSAL REQUIREMENTS
Technical Proposal Content: Technical proposal must include the following information:
Introduction: Introduce the technical proposal, including a statement of the proposer's
understanding and approach to the project. Give the name of the firm submittine the
technical proposal, its mailing address, telephone and fax number and the name o~ the
contact person. Identify all proposed subconsultants.
December 11, 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Study
Page 6 of 8
Qualifications: The following infom~ation shall be submitted for the prime consultant and
all proposed subconsultants to demonstrate the firm's unique qualifications to perform the
work:
· Brief company resume
· Resumes of key personnel to be assigned to this project
· List of similar projects (not more than 5) which best illustrate current auaiifications to
perform this project
Work Plan: The work plan of tasks, work products and meetings shall be consistem with the
Scope of Work and include the following elements:
· Name of Project Manager
· Organization chart showing the proposed relationships between all key personnel and
support assigned to the project
· Description of proposed responsibilities of each person on the organization chart
· Description of the approach and methodology to provide traffic engineering services
· Estimate of work hours bx' staff for each task
Consultant shall specify their exact details for their proposed of work based on the general
guidelines provided in this RFP as well as any additional tasks deemed necessary.
Project Schedule: The technical proposal shall present a comprehensive pro. iect schedule of
tasks to reflect the time frame required to complete each milestone listed in the Scope of
\Vork. It shall include a completion date for each milestone and identify milestones that are
interdependent. Technical proposal should address how this schedule will be inet. The
anticipated schedule of activities related to this project is as follows:
Milestone
Proposals Due
Interviews
Consultant Selection
Final Scope/Cost
Council Award of Feasibility Study Contract
Execute Consultant Agreement'Notice to Proceed
Feasibility Study Complete
Task Force Accepts Feasibility Study
Date
January 25. 2001
Februarv 1. 2001
February 1. 2001
February 19 2001
March 5. 2001
April 3. 2001
October 1. 2001
October 4. 2001
References: Consultant shall provide client references for similar ~:pes of projects performed
bx- the firm their designated project manager within the past three years.
Statement: The technical proposal shall include a statement regarding the consultant's
acceptance of the City's requirements for insurance and indemnification's, consultant
agreements and business license that are presented herein. The consultant shall clearly state
December 11. 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Study
Page 7 of 8
an,,' exceptions. A principal, officer or owner of the firm with auti~oritv to bind the
consultant, shall sign this statement.
Cost Proposal: The cost proposal shall cover all transportation planning and traffic engineering
services for the feasibility study. A sample one is attached for your review. The basis of paymem
shall be actuai cost plus a fixed fee with a stated maximum contract limit. Consultanz sisal! submi~
the cost proposal sealed in sevarate envelove and plainly endorsed "COST PROPOSAL" It shall
consist of the following items:
· A one page summary that lists the kev items of cost with ti~e total not to exceed the cost of
the work
· Work breakdown by task
· Identification of any unclear contract requirement and suitable resolution for it.
CONSULTANT SELECTION
Consultant Selection Process: The technical proposals will be evaluated and ranked by a
Consultant Selection Committee (CSC). The CSC may reject any technical proposal if it is non-
responsive, conditional, and incomplete or contains irregularities. The CSC may waive any
immaterial deviation in a technical proposal. Waiver of an immaterial deviation shall in no way
modify the Request for Proposals documents nor affect reconmaendation for award of the contraci.
The criteria for selection of the consultant shall include: -
Understanding of work
Experience with similar kinds of work
0uality of staff
Capability of developing innovative or advanced techniques
Knowledge of Local. State and Federal procedures
Financial responsibility
References
The CSC will shortlist and interview no more than three firms. The consultant will be allowed to
make a formal presentation (30 minutes maximum) that is followed by questions from the CSC.
The CSC will evaluate the technical proposals and interviews and rank the consultants based on the
above criteria. The City will negotiate a consultant agreement with the top-ranked consultant. If an
agreement on cost cannot be reached with the first choice, then the City will open negotiations with
ti~e next hiehest ranked candidate.
December 11. 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Study
Page 8 of 8
For an3' questions please call Raymond Chong. City Traffic Engineer. at 408 '-77-3240.
Sincerely.
Ralph A. Qualls. Jr.
Director of Public Works
Raymond D. Chong. P.E.
City Traffic Engineer
CC: Bruce Zaeni. Zumwalt Engineering Group
Attachments:
Map
Photographs
Phvsical Features
Action Plan
Insurance Forms
Sample Consultant Agreement Outline
Sample Cost Proposal
CITY OF
CUPFPvTINO
February6.2001
ATTACH. IENI E
City Hall
10300 Torte Avenue
Cupertino. CA 9501-1
Tel: 1408'} 777-3193
FAX: (408) 777-3366
rlowenthal.~ cupertino.org
Vice Mayor Rich~ard Lowenthal
The Honorable Stan Bogosian
City of Saratoga
13777 Fruitvale Avenue
Saratoga,_ CA 95070
OFFICE OF THE CITY COL.rNCIL
Dear Stan;
It's good to work with you on the Animal Control JPA. I'm sure our focus on getting this
thing rolling is going to pay off.
I'm ',~a'iting about a different matter. On February 21s' you will be voting on an item of
great importance to me, and I believe to the people of both of our cities. The particular
agenda item is the authorization for Saratoga to sign an MOU that includes spending
$10,000 for a feasibility study of a trail along the Union Pacific Railroad tracks through
the city. The MOU does not commit Saratoga to any construction or construction
f'mancing, although VTA has already allocated $2.7 Million in matching funds to the
development of the trail.
The entire project area would connect fi.om Rancho San Antonio County Park. on the kos
Altos/Cupertino border to the Los Gatos Creek Trail in Los Gatos. It would allow
pedestrians and bicyclists in Saratoga to go to Rancho San Antonio. Vasona Lake. or San
Jose without traveling on streets.
Saratoga has previously passed a resolution in support of the concept of the trail. In
Saratoga,_ the trail mileage is 3.7 miles out of the total leneth of 8.7 miles. The cost of the
feasibility study will be $200,000. of which $160.000 wil~ be paid by the VTA. The
remaining $40,000 is to be shared equally by the cities through which the trail will pass:
Cupertino, Campbell, Los Gatos. and Saratoga. The MOU also creates a task force
representing the four cities, the VTA. and the county, that v-ill oversee the work. Cupertino
has offered stafftime for the project, without any expectation of reimbursement.
I hope that you can support this worthwhile project. I believe it will be an important and
lasting legacy for us to leave to future citizens of our cities.
Best regards,
Richard Lowenthal
Vice Mayor, Cupertino
cc: Mayor Sandra James, David Knapp, Ray Chong
ATTACHMENT F
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARa, TOGA
MAKING APPROPRIATION ADJUSTMENTS TO THE
FISCAL YEAR 2000/01 BUDGET
WHEREAS, the City Council adopted Resolution No 00-38 adopting the budget for Fiscal Years
2000-01 and 2001-02 on June 21, 2000: and
\VHEREAS. subsequent to the adoption of said Resolution. the City Manager has recommended
further changes to the City's budget; and
WHEREAS. the City wishes to participate in the creation of the Union Pacific Railroad Trail
Task Force; and
WHEREAS, the City of Saratoga is being asked to contribute $10,000 towards the local match of
the feasibilir,' study,; and
WHEREAS, Contingency funds are available for this purpose; and
WHEREAS, the Cit-,' Council has considered the recommendations of the City Manager and
believes that implementing these further changes will be in the best interests of the City.
NO\V. THEREFORE. the City Council of the City of Saratoga hereby resolves to increase the
appropriations for the feasibility study for Union Pacific Railroad Trail Task Force. using
contingency' funds.
AND BE IT FURTHER RESOLVED. the above a{iustments to the City of Saratoga's Fiscal
Year 2000-01 budget will be made using the following entries:
001-~0~0->~-40.71
001-1010-511-50.02
Parks/Open Space-Interagency Fees
Contingency
Expenditures Revenues
(Debit) (Credit)
$10.000
$10,000
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 21 st day of FebruaD-. 2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN-:
ATTEST:
Stan Bogosian. Mayor
Cathleen Bover. City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: Februar',' 21. 2001
ORIGINATING DEPT: City Mana~oer
PREPARED B~
Paula Reeve
AGENDA ITEM: ~.
/
SUBJECT:
Resolution Authorizing the City to Submit an Application for FY
2001/2002 Transportation Fund for Clean Air (TFCA) Program Manager
Funds
RECOMMENDED ACTION(S): Adopt the attached resolution authorizin~o the City
Manager to submit an application for the purpose of continuing the ALTR_~NS Tri~
Reduction Program for K-12 Schools and \\'est Valley College.
REPORT SUMMARY:
As a requirement of the application process to receive funds from the Santa Clara Vallev
Transportation Authority (VTA). an applicant city is required to pass a resolution
authorizing the City to apply for these grant monies.
The City of Saratoga is sponsoring this grant application to provide 40% of the total
funding for a comprehensive outreach and marketing program to reduce one-xvav vehicle
trips from colleges and K-12 school sites in the \\'est Valley Cities: and to introduce a
pilot-bussing program for schools in the City of Saratoga. The program involves
muhiple projects, and coordinates various entities to work together in a cooperative
approach to help solve our local traffic and air quality congestion issues.
Through this grant. ALTR_-XNS will provide pro-active trip plans to the students that are
living near direct transit routes to college campuses and junior'senior high schools -
along with notify, ing parents and their children of potential carpool panners in advance.
Students can utilize ahernative transportation modes such as: transit, carpooling.
bicycling, walking and bussing services.
This grant application also expands upon the technical and outreach tools to
communicate to thousands of commuters, will double the program's marketing effort
during" '" ~"
z001,z00~, and calls for direct access to the ALTRANS Trip Planning website.
The website allows commuters to access the interactive carpool referral sen'ice of
CarpoolZip.com. Bx' entering origination and destination points, commuters can receive
a transit trip plan showing the most convenient transit routes to take. the approximate.
commute times, and allows viexving of the preferred bicycle and walking routes to
schools. Each K-12 school and college will have a direct link to the-trip planning
website.
An additional change to the grant application includes a request for $85,000 in funding
to operate two 84-passenger school busses, along eight bus routes. The pilot program
will serve four schools in Saratoga, and include four schools in the Los Gatos Union
School District.
ALTtLa_NS has been providing trip reduction and ridesharing services for the 100.000
students of Santa Clara County's six community college sites, and the distribution of
19.256 pro-active trip plans to the parents and students at 39 K-12 schools, and 6.000
plans to middle and high school students. If the project is successful in attaining these
funds, the City of Saratoga will benefit by having the program continued in Saratoga
during the 2001.'2002 fiscal year, with no additional cost to the City.
FISCAL IMPACTS:
If the resolution is passed and the project is approved for funding, the City would
receive $241.31 ~' for the implementation of this program.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
.None
CONSEQUENCES OF NOT ACTING:
If the resolution i~ not passed, the City's application will be considered incomplete and
the city will not recelve the grant money for the program.
FOLLOV~~ UP ACTIONS:
Staff will for\yard the resolution to the \;alley Transportation Authority.
ATTACHMENTS:
1. Cop3' of proposed resolution.
2. Cop3' of application submitted to the \:alley Transportation Authority for the
Transportation Fund for Clean Air (TFCA) Program :'Manager Funds (.40%').
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE CITY TO APPLY FOR TI~NSPORTATION FUNDS
FOR CLEAN AIR (TFCA) - PROGRAM MANAGER FUNDS (40%) FOR THE
PURPOSE OF CONTINUING THE ALTRANS TRIP REDUCTION PROGR~M
AT K-12 SCHOOLS AND WEST VALLEY COLLEGE
WHEREAS. the City of Saratoga wishes to continue the ALT1LANS
Trip Reduction Program at its K-1.:" Schools; and
WHEREAS, the City of Saratoga is a supporter of clean air and wishes to take
action to enhance air quality and reduce traffic congestion; and
WHEREAS. the City of Saratoga intends to apply for Transportation Fund for
Clean Air (TFCA) - Program Manager Funds (40%) for the purpose of continuing and
expanding the Saratoga and ALTIL4NS College/K-12 Trip Reduction Program.
NOI,V, THEREFORE, BE IT RESOLVED by the Council of the City' of
Saratoga that the grant application for the Project is hereby approved and authorizes the
City Manager to execute an agreement with Valley Transportation Authority -
Congestion .Xlanagement Program on behalf of the City of Saratoga.
The above foregoing resolution was passed and adopted by the Saratoga City
Council at a meeting held on the 21 day of February, 200! by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED'
ATTEST:
John Mehaffev. Mayor
City of Saratoga
Cathleen Borer. City Clerk
Application for Funds - 2001/2002
Transportation Fund for Clean Air (TFCA)
Pro.am Manager Funds (40%)
Santa Clara County
Section 1 - Identification:
Agency:
Address:
Contact:
City of Saratoga
13777 Fruitvale Avenue. Saratoga. CA 95070
Paula Reeve Title: Senior Analyst
Phone: (408) 868-1267
Fax: (408) 868-1281
Project Name: ALTRANS - College/K-12 Trip Reduction Program
Section 2 - Funding Request:
Local matching funds are not required, but credit will be given for local matching funds
in the scoring process in the following ratios: 30%+ = 15 pts. 25% = 12.5.20% = I0.
15% = 7.5, 10% = 5. <10% = 0.
Fund Source Amount
/FCA 40% Funds Requested
Local Match (source: West Valley-MissionCCD)
Local Match (source: Advanced TransD. Teclmolo~y Center
Local Match (source: City of Cupertino)
S241,315
$35,000
$20.000
$15.000
Local Match ~ source: Associated Students - DeAnza) $15.000
TOTAL PROGRAM COST , $326,315
Section 3 - Cost Effectiveness
Please complete the appropriate attached Worksheet for your project ts.?e. Please note:
projects Showing TFCA Cost Effectiveness scores greater than $50,000/ton are ineligible.
TABLE OF CONTENTS
Section Four - Project Narrative Pa~e 3
1.I Project Back~round Page 3
1.2 Program Effectiveness Rates - Past & Current Page 4
1.3 SummaD' of Current Program's Accomplishments Pages 4 - 8
1.3.1 College Program - Technical & Transportation Services Pa~es 4 - 5
1.3.2 College Program - Educational & Outreach Marketing Services Pages 5 - 6
1.3.3 K-12 Pro~ram - Technical & Transportation Services Page 7 i
1.3.4 K-12 Program - Educational & Outreach Marketing Services Page 8
1.4 TFCA 2001/02 Grant - Proposed Goals and Objectives Page 9
1.5 Role of Participating Agencies
1.6 Implementation Methodolo~~
1.7 Provide Baseline Surveys
Pace 10
Pages 10 - 21
Page 11
1.8 Provide Direct Transportation Marketing Services
Page 12
1.8.1 Direct Access to the ALT1LANS Trip Plan - Web Site Pages 12 - 13
1.o Provide Pro-Active Trip Planning Services Page 13
1.9.1 College Pro,am
1.9.2 K-12 Program
Pages 13 - 16
Paces i 6 - 2 I
i. 10 Proposed Budeet for 2001/02 TFCA 40% Grant Page 22
2.0 kocations of Prqject Pages 23 - 24
3.0 Reduction of Traffic Congestion Page 25
4.0 Reduction of Vehicle Miles Reduced , Page 25
5.0 Eligible Project Categories Pace 26
6.0 x, Videspread Project Benefits
Page 26
7.0 Past Experience with Projects i Pace 26
8.0 Shift in Single occupant Vehicles , Page 26
9.0 Other Project Benefits i Page 27
Section 5 - Multi A~encv/Public-Private Parmerships ~ Page 27 :
Section 6 - Certification : Pa~e 28
i ~
2001/02 TFCA 40% APPLICATION
Section 4 - Project Narrative:
On a separate sheet, please address the following questions as completely as possible:
1. Please provide a general overview/description of the project.
1.1 Project Background
.M~TRANS has been providing trip reduction and ridesharing ser~4ces for the 100.000 students
of Santa Clara County's 7 communi~~ colleges and universities since 1993 and at 35 K-12
schools since 1996. During this time we have personally assisted thousands of local commuters
locate and use alternative transportation modes.
The ALTRANS Trip Reduction Pro,am, v~4th the sponsorship of the City of Saratoga,, will
continue the basic TDM services and introduce new ser~fces to six colleges, and 39 K-12
schools in Santa Clara Valley.
The program leads clean air campaigns; prox4des trip planning services, on-site rideshare
matching and encourages participation in alternative transportation modes such as carpool.
transit, bicycle and walking commute alternatives at the College campuses and K-12 schools.
It educates students about automobile congestion, safety and em~ronmental degradation due to
negative impacts of automobile source emissions.
The proposes pro,am under this grant funding application introduces new technology and
methods that we v~411 use to better ident~' and serve those commuters that can most use
alternative transportation modes. Through this grant, ALT1L&NS wi21 provide Pro-Active Trip
Plans to the students that are living near direct transit routes to campus and junior'senior high
schools - along with notifying parents and their children of potential carpool panners in advance
and will be able to pro-actively announce commute options for commuters through a variety of
communication tools.
The rnajority of work that is being proposed as part of this grant application, calls for us to
distribute over 100,000 Pro-Active Trip Plans to college students most likely to use an
alternative transportation mode at our slx college sites and the distribution of 19,256 Pro-Active
Trip Plar~ to the parents and students at our 39 K-12 schools and an additional 6,000 Pro-Active
Transit Trip Plans to middle and high school students. This unique approach to our services,
should result in well over three percent effectiveness rate - the figure that we used as a
multiplier to determine the projected trip reduction outcome. All together, this program will
provide 125.256 Pro-Active Trip Plans to approximately 15 percent of count,x%,ide commuters.
2001/02 TFCA 40% APPLICATION
1.2 Program Effectiveness Rates ~ Past and Current
During the last three years. ALT1L4NS has completed internal surveys that have demonstrated
that our TDM ser~4ces are between 15 and 41 percent effective in assisting commuters locate
and use alternative transportation modes.
More specifically, during the Spring of 2000. ALTRANS conducted eight major surveys to
commuters that received our trip reduction services, three of which were validated bv two
outside survey analysis teams as positive proof of program effectiveness which exceeded last
years grant objectives and goals.
One of the eight surveys were sent to recipients at DeAnza College that received 4.700 Pro-
Active Transit Trip Plans which found that there was a 16 percent new transit use increase
among the students that received the Pro-Active Transit Trip Plan. In addition, another survey
showed that 28% of college students that received our personal trip plans in 2000. reported back
to us through a Scantron survey, that they started using transit after receMng the personalized
trip plan service fi.om the Transportation Ser~4ce Centers. Finally, a third suvcev indicated that
there was a 16.7 percent increase in carpooling and another 8.3 percent increase in walking
amongst the elementary school students that received the program's Carpool/Bicycle/Walk
Matchlists.
Currently, ALTR_~.NS is in the middle of sun'eying most'of the students that have received trip
reduction sen'ices during the last six months fi.om the 2000/01 TFCA grant cycle. As soon as
these new survey results are available, they v,411 be forwarded to the VTA ami scoring
committees to evaluate as part of this grant application.
1.3 Summary of Current Program's AccomPlishments
1.3.1 College Program - Technical and Transportation Services
Transit Encouraeement
The Pro-Active Trip Plan constitutes sending out in advance, a cat-pool, transit, bike and/or
~valking trip plan. to commuters that are most likely to use one of those specific alternative mode
of transportation. 'Since July of 2000, ALTtL~NS has geo-coded and provided thousands of Pro-
Active Transit Trip Plans to the students of West Valley. Mission. De,4x~a and Foothil!
Community Colleges.
Historically. we have found that one of the deterrents to using the public transit system is that our
students don't want to transfer between bus routes. So. with some advanced transportation
planning, we have been able to isolate and communicate to the students that would most likely
utilize a direct transit route - straight to their campus. ATRANS printed the corresponding
mailing labels Ibr these students, enclosed a simple message stating how close they were to a
direct transit route to each college, and enclosed the corresponding bus schedule and map for
their direct transit trip to campus. A sample of these Pro-Active Trip Plans can be found on
pages seventeen and nineteen of this grant application.
4
2001/02 TFCA 40% APPLICATION
Survey Information
At the time of this grant application,_ ALTILA_NS is engaged in a major survey and evaluation
mode that will determine the effectiveness rate of the College - Trip Reduction Program. In
order to improve the validity of the survey forms; ALTRANS secured the stavev format pre-
approval fi.om the VTA prior to sending out the thousands ofser~4ce related suv,,evs to the
college recipients. It is expected that the results of this major survey wSll be available bx' the end
of February, and will be forwarded to the VTA for grant inclusion.
1.3.2 College Program - Educational Outreach and Marketing Services
The following elements of a successful Transportation Outreach and Marketing Program are
conducted at the six communi~, colleges.
Staff TranSportation Ser~4ce Cemers
ALTIL4~NS has established a Transportation Service Center at each of the college campuses.
'These centers are staffed approximatelY 20 hours per week and are the central locations where
°utreach and educational information is distributed to students 'da personal visits and classroom
r preSentatiOns. The ALTRANS Centers also: 6'art3' bus route maps, schedules and bicycle routes
and the locations of bicycle storage facilities.
'L - ;_ ~ - ~ ' ~ ? :Wesi I"al] i Coil .'ALT1L4:\'S C
e, ege, enter
Provide ClassrOom Presentations ' i . . Ji: ' i
..APproximately '30 classroom presentations are'conducted at each of the college campuses every
quarter/semester. The presentations are 5-1:0 ~minutes in length and provide information about
the air quality, congestion and impacts of automobile use and the benefits of utilizing alternative
transportation along with an invitation to trip planning sessions. Information packets containing
facts about BAAQMD/TFCA and the ALTRANS program are disseminated at the ALIRANS
Centers. classrooms and various events.
5
2001/02 TFCA 40% APPLICATION
Provide Alternative Transportation Fairs
Alternative Transportation Fairs are coordinated at each of the campuses once a vear. These
interactive fairs are co-presented with various public and private transportation providers with
related transportation information. A picture of one of the many fairs that we have coordinated
is shown below.
Transportation Fair at SJSU
Coordinate Tabline Events
Tabling events are performed during the first 4 weeks of each semester/quarter (approximately 3
days per week) at high pedestrian traffic areas around the college campuses. An ALTIL/LNS Trip
Reduction Outreach .4asistant provides personal trip planning assistance and disseminates VTA
and B.~&QMD and other alternative transportation materials at these events. A picture of one of
the manx' informal tabling events is shovm below.
Tabling Event
2001/02 TFCA 40% APPLICATION
1.3.3 K-12 Program - Technical and Transportation Services
Transit Encouraeement
Since JulYof2000, ALTRANS staffhas been able to distribute over thousands of Pro-Active
Transit Trip Plans to the households of junior high school students attending schools in the
Saratoga Union School District (SUSD) and the Cupertino Union School District (CUSD). In
order-to process and distribute these Pro-Active Transit Trip Plans. ALTtL4aNS staffhad to
digitize all of the transit routes that directly serve each of the schools and geo-code all of the K-
12 students against these maps in order to determine which students could most likely utilize
transit sem4ce.
The Pro-Active Transit Trip Plan included information as to how far they lived to the most direct
-transit route and how long it would take them to ride transit to their respective school. In
addition,, a transit map and bus schedule was included in the packet that was mailed to the
student's home. As part of this distribution, ALTRANS staffwas able to secure 502
. complimentary bus-passes fi-om VTA for. Redwood School students in Saratoga, which were
enclosed in the.packet to {he students homes as a further incentive to tD· transit. A sample of the
Pm-Active Transit Trip Plan is Shown on'page 19 'of this ~ant application.
CarPool EnCouraeement . - -
:Since July 0f-3000. ALTtL~.NS staffhasdistributedthousands of Pro-Active Carpool Trip Plans
to all the g-tudents that:attend the 35 SUSD and CUSD schools. The impetus for this important
Project' originated last year after ALTpC, MNS-doOrdinated a major bussing sun:ey that identified
:that o~-er 1:7 percent of the parents woUld consider ,carpooling K-12 students in their car. if they
_ -kne~: wh6m to carpool with.
.4~L~ T~&N~. staff obtained current studeni data including home addresses and proceeded to geo-
code all ofthe§e addreSses and compiled nUmerous zone maps for each school. Each of the maps
was laboriously compiled to identify those parents/students that lived in close proximity to each
other..ad~TIL~NS staffthen drew:?*zones" around these areas that could support potential
carPOol partner§ hnd sent the parents-and studentsthe corresponding map of their home in
relation to other parents/students homethat cOUld also carpool; requesting that the parent register
6n-!'.m~ ~h~6Ugh Carp°0-1ZiP.com for the interacfii,.e and web based carpool referral sen'ice. A
Copy of the Pr~o-Actlve CarpOol TriP plan~ whiChwas distributed to the parents and their
:children. is Shown on page seventeen oi~this ~rant application.
.Surx:-ev Information ' ' -: -.. --
:3t fhe'~ime of this grant apPlication. ALTIL&.NS staffis waiting for the survey's to be returned
-fi.om parents'. Similar'to surveying the'~olleg~ senSCe recipients of the grant, ALTRANS
CondUcted a thOroUgh 'survey mY ail . parents thm received either a Pro-Afitive Transit or Carpool
Trip Plan during the course of the current ~ant cycle. As soon as the results become available.
ALTRANS and the CiD' of Saratoga will forward the results to the VTA for ~ant inclusion.
2001/02 TFCA 40% APPLICATION
1.3.4 K-12 Program - Educational Outreach and Marketing Services
School Assemblies and Back-To-School Nights
During the last four years. ALT1L~..x,IS Outreach and Educational Staff coordinate have presented
school assemblies. These assemblies general, communicate the various alternative
transportation modes that are relevant to school-age children and include bicycle safety
information and demonstrations.
In addition to these school assemblies, ALT1LttNS schedules outreach events in front of
hundreds of parents each year as part of the school's "hack-to-school" nights. Both of these
events are successful as the school-age children relay commute information to their parents from
the school assemblies, and then the parents receive this same ~'pe of information during the short
presentation each school year.
School Assembly
tx:12 Poster Contest - Disivlayed at Saratoga CiO' Hall
2001/02 TFCA 40% APPLICATION
1.4
TFCA 2001/02 Grant - Proposed Goals/Objectives
The program's goals are to reduce 4,246 daily single occupant and single purpose trips arri'dng
to the six colleges and 39 K-12 schools in Santa Clara County.
College Program: To Reduce 3~000 Daily Vehicle Trips
Step 1:
Provide 100,000 Pro-Active Trip Plans x .03 Effectiveness = 3.000 fewer one-way trips/day
Step 2:
3,000 fewer one-way trips/ds: x 108 Commute days per year = 324.000 fewer one-way
trips/year
Step 3:
324.000 fewer one-way trips per year x 11 miles per trip = 3,564,000 Vehicle Miles
ReduceWYear
K-12 Program: To Reduce 1.246 Daih? Vehicle Trips
Step 1:
28.407 Total Population / 1.5 Children per household -- 18.938 Households
18.938 Households x .70% Driving kids to school = 13,256 Driving.
Step 2:
13.256 Pro-Active CarpooLtBike?C/alk Trip Plans distributed
Step 2.2:
13.256 Pro-Active Carpool/Bike/Walk Trip Plans - 6.000 Pro-Active Transit Trip Plans =
19.256 Pro-Active Trip Plans distributed
Step 3:
19.256 Pro-Active Trip Plans x 03% Pro-Active Trip Plan Effectiveness = 498 fewer cars
Step 4:
498 Cars/day x [75% parents making 2 trips/day -:- 25% parents making 4 trips/day]
= 1.246 One-way trips/day
Step 5:
1.246 trips-'day x 150 Commute days per year = 186.900 One-way trips/year
Step 6:
186.900 One way trips/year x 0.94 miles per trip = 175.686 Vehicle Miles ReducecLqTear
2001/02 TFCA 40% APPLICATION
1.5 Role of Participating Agencies
Of the participating agencies, ALTRANS w411 implemem the program including providing the
main and support staff, monitoring and data collection. The City of Saratoga has sporkqored this
grant application. .MI six colleges vdll provide counter and office space for ALTR_~NS'
activities. The office of Academic Standards at San Jose City-Evergreen Valley District. Offices
of Institutional Research at DeAnza-Foothill and West Vall~'-Mission Colleee District will
provide assistance with ALT1LANS' student idemification and sun, ey operat~'ons.
1.6 Implementation Methodolo~,
The following Transportation Demand Management (TDM) se~4ces, as described beginning in
this section,_ v~ be delivered to college and K-12 commuters traveling throughout the count,,'.
In addition to this county~ide approach,. ALT1L~NS vdll focus on delivering the foLlowing
services to specific comnmting areas that are impacted by the general commuting population and
our 100.000 college and K-12 commuters, which add to the regional tra~c congestion.
The four areas that are listed below are included in the 1999 Coneestion Manaeement Program
/hr Santa Clara Count3.', authored by the Valley Transportation A~thoriB, - Co~eestion
Management Program. Each of these fours areas are currently listed as Level of Sen:ice (LOS)
D or worse.
1. Milpitas: Interstate 880 and Route 237 corridor
2. San Jose: Interstate 280 and Highway 17 corridor
3. Saratoga: Route 85 and Highway 17 corridor (near West Valley College)
4. Cupertino: Route 85 and Interstate 280 corridor (near DeAnza College)
The following map represents the identification of college students (DeAnza) that travel in these
congested areas. ALT}LANS will use information such as this GIS map to identify and target the
drivers in this area with viable commute alternatives.
_ '! . .~ .~ ~
-,~ · · -. ~' ~- "7~_ _
'~;"'.. ,.;'. --. _ . : .- ....
-~ ' '. ' '.;-'" ·
:' :, .: '~'-. _~'i;, '
~~ ~ o~'&~i. ~ -~' \ ..c,h~.~, ~ ~'.
Student/Commuter DensiO. Maps qf880237 Corridor for DeAnza College
10
2001/02 TFCA 40% APPLICATION
1.7 Provide Baseline Surveys
College Program
The first order ofoperatio~ before any trip reduction programs are continued or put into place.
calls for a thorough Baseline Sur~'ey to delivered to a representative sample o£all students at the
six community colleges that this grant would serve. As in the past. ALTIL4~NS will coordinate
the Baseline Survey and will deliver and collect thc surveys in front of selected classes that the
Institutional Research Departments select to best represent the campus demographics.
As soon as an independent survey firm processes the Baseline Survey, the results will be
broadcast and studied. This information will be used to identif?- the current transportation
patterns and grill provide answers to why college students are not using alternative modes of
transportation and what it would take in order for commuters to stop driving single occupant
vehicles to campus. ,As a follow-up to this important Baseline. Survey, ALTRANS will re-surveY
the same classes at the end of the semester to see if the particular group changed their commute
patterns.
K-12 Program
Prior to the K-12 Trip Reduction Program starting, ALTRANS wfill coordinate a major Baseline
Survey directed towards the parents of all K-12 students. This survey will identi~' the current
transportation patterns and v~ determine what the parents report are the perceived and actual
roadblocks to using commute alternatives.
The mechanics of the survey will include distributing the survey Scantron forms inside each
-back-to-school packet, where the parent will return the surveys back to the school office.
ALTILANS will pick them up and have them processed through an independent sup:er film.
Unlike the dynamic nature of college students, the parents/~tudents stay at one school much
longer, which will allow for a second re-surveying of the Baseline Survey towards the end of the
school year. Transportation Comparisons will be noted between the same baseline groups in the
final report.
II
2001/02 TFCA 40% APPLICATION
1.8 Provide Direct Transportation Marketing Services
1.8.1 Direct Access to the ALTtL4NS Trip Plan - Web Site
A direct link to the ALT1LadNS Trip Plan web site will be established at West Valle3'. Mission.
DeAnza, Foothill. San Jose City and Ever~een Valley Colleges. In addition,_ a direct link will be
established at the 39 schools vAthin the Saratoga, Cupertino and Los Gatos Union School
District. This interactive Trip Plan web-site will offer these student and parent commuters
unlimited access to the ALT1LadNS Transit Locate Line, CarpoolZip.com. Preferred Bicycle
Routes and Safe Walking Routes to each of the listed destination points.
Each college and K-12 school wfll have a direct link to the ALTRANS web page, which will be
modified fi.om a current informational based web-page to a more service oriented and interactive
site. Direct access fi.om the colleges to the ALTRANS website is important in that over 50% of
college students now enroll on-line and can easily take advantage ofreceMng the trip reduction
sen'ices through a direct link fi.om their respective college website, which v,511 be linked to the
ALTRANS site.
College and K-12 commuters v~dll simply enter their origination and destination address and
x4ew viable commute alternatives depending upon their commute preference and distance
between their origination and destination points. The commute choices offered will depend upon
the origination and destination distance of the person requesting the information. The following
transportation options and what type of service will be provided to the individual college
commuter are described below.
A. Carpool Mode
The school commuter can emer in their origination and destination points, through
CarpoolZip.com and will shov, xt a base map_of other Ko12 or college students that live in close
proxirnity to themselves. This view will differemiate between students that have alreadx
expressed interest in carpooling and those data points or students that are inactive but potential
carpool candidates. The studem commuter will be able to register for the carpool referral service
on-line and will have instantaneous access to other students that have already expressed interest
in carpooling by simply "clicking on" their data points.
B. Transit Mode
The commuter will be able to enter their pertinent information and will be able to view the
closest transit route to their origination point by using the ALTRANS Transit Locate Line. This
visual representation wfll allow commuters to also calculate how long it will take them to utilize
transit to their destination point and will calculate the cost of each trip, making it much easier for
the commuter to utilize transit. The next map represents that ALT1L,-MNS - Transit Locate Line
System.
12
2001/02 TFCA 40% APPLICATION
CALIFORNIA
~0:z A Ki'tan _%_ ~
ALTRANS._ - .
ALTtL4NS- Transit Locate Line
Base Map
C. Bicycle Commuting Mode
ALT1L'~N-S staff will ident~- the safest and most efficient bicvcle routes to each of the K-12
schools and colleges and will post them on the ALTR,&NS web site. The potential bicycle
commuter will be able to enter in their origination and destination points and will be able to view
a Preferred Bicycle Trip Plan and corresponding map. Each of the schools and colle,2es will be
listed in the Bicycle trip plan section and will include preferred and local routes that 17fighlight the
safest and most convenient routes to use to cycle to the respective school or college.
In addition, the bike routes and paths described in the Santa Clara Countv Bikeways Map will be
digitized and can be utilized by the commuter to view the corresponding bicvcle routes that are
close to the commuter's respective origination and destination points. Finally. the commuter can
enter their names, commute profile and contact information into the Bicycle Buddy section and
be connected to other bicycle commuters that want to cvcle together.
D. Walking Mode
The elementary student commuters and their parents 'can enter the Walking Trip Plan web page
and will be able to register a "Walking Bus" entry,' form for their respective school site. As soon
as the student or parent has registered with the walking progran~ they will then be able to view
other students and parents that also want to walk together to school.
13
2001/02 TFCA 40% APPLICATION
1.9 Provide Pro-Active Trip Planning Services
The ALTRANS Outreach and GIS Coordinator and Assistants along with the Technical
Assistants, x~511 provide carpook transit, bicycle/walk Pro-Active Trip Plans for students.
specilSfing all alternatives available to them in their commute to school and at all six comxnunity
colleges and 39 schools.
1.9.1 College Program
Before each semester begins, college students will receive a Pro-Active Trip Plan showing them
the best alternative transportation mode custom-made for their potential needs. ALTRANS has
digitized all Valley Transportation Authority's (VTA) transit system and has layered the bus
arrival times on our Geographical Information System (GIS) program. ALTtLa~NS also has
access to all college student records (names and addresses) for the college students that currently
attend DeAnza. Foothill, West Valley, Missiom San Jose CiD' and Evergreen Valley Colleges.
Coupled with the digitized transit routes and access to their origination points (addresses).
ALTP~&NS will secure the e-mail addresses and match them to the home addresses, so that the
majority of the Pro-Active Trip Plans can be sent electronically to the college students, sa,,;mg
time and money compared to sending out the Pro-Active Trip Plans through the US Postal
system.
The Pro-Active Trip Plan basically means that we do the trip planning before we even contact
the student commuter. By utilizing the GIS maps that we have digitized for each of the six
colleges, we will be able to layer the student's names and addresses omo this program so that we
can then determine which of the commuters would most likely be able to utilize transit.
carpooling, bicycle or walking commute modes to campus. By completing the unknown
transportation options that could work for the commuter, we stand a better chance at reducing
more single occupant vehicles, which translates into becoming even more cost-effective.
Our grant goal is to supply at least 100,000 of these valuable Pro-Active Trip Plans to our six
local community colleges. Once the initial contact is made to the commuter. ALTILANS will
/bllow-up with appro.xirnately 10% of the original Pro-Active Trip Plans to further entice the
commuter to use the new commute option. Please note that we may send out more than these
I00.000 Pro-Active Trip Plans if the indMdual colleges so desire arieL;or if many of the Pro-
Active Trip Plans can be distributed electronically. The following table lists the colleges, and
how many Pro-Active Trip Plans wSll be sent during the specific semester or quarter per college.
COLLEGE Fall 2001
De :M~a College
Foothill College
\Vest \-"alley College
Mission College
San Jose City College
Evergreen Vallev College
12.500
Spring 2002
12.500
7.500 7.500
7.500
7.500
7.500
7.500
7.500 7.500
TOTAL
25.000
15.000
15.000
15.000
15.000
7,500 7,500 15.000-
TOTAL TRIP PLANS 50,000 50,000 100,000
14
2001/02 TFCA 40% APPLICATION
The type of Pro-Active Trip Plan that college commuters Mil receive will depend upon the
distance between their origination and destination points. The two groups have been organized
depending upon these variances.
Colleee Commuter - Group One
Those students that live within 6 miles to their destination point ~a411 receive a Pro-Active Trip
Plan and ,,,,:ill receive:
A transit map and written instructions on direct and connecting transit routes that travel between
their destination and origination points, sho,~4_ng the approximate time that transit will take along
with the cost of the transit trip. The corresponding map will show the student's home address
and will highlight the appropriate transit routes.
DeAnza College students living near transit routes
A Carpool Map that shows the student's origination point, in relation to other students
that-also attend the same college in a pie-determined Zone. For example. AETRS,&NS
staffwill geo-code all of the student population per College and will determine in advance
the specific zones that could support carpool populations. The student v~511 pro-actively
receive a zone map that shows these natural carpool partners and other additional
information inviting the college student to register on CarpoolZip.com so that the
students can then access each other's e-mail addresses and to contact one another to form
new carpools.
A BicyCle Map that shows the student' where they live in relation to preferred cycling
routes to their destination college. :In addition, bicycle commuting tips and information
will be included in the Bicycle Packet.
15
2001/02 TFCA 40% APPLICATION
College Commuter - Group Two
Those students that live within 7-10 miles to their destination point will receive a Pro-Active
Trip Plan and will receive the same information as above, without the Pro-Active Bicvcle Trip
Plan. P~°ter the initial Pro-Active Trip Plans have been distributed, each of the college students
that did not respond to the first Pro-Active Trip Plan session will be sent similar information on
two different occasions during the semester, mostly in an electronic format.
In addition. ALT1L-~NS staffwill identify the apparent or potential commute alternative
connections and w511 re-contact those students that live in areas that can possibly support
additional transit, carpool and bicycling commute modes. For example, ALT1LANS wSll actively
identify those areas or zones that are promising areas that could support new carpool partners if
only there were more interested carpool partners. ALTRANS and ,~q_ll try to engage other
students in these particular zones, letting them know that there are manv other students in their
area that want to carpool and suggest that they too register in the carpool program.
Prom'am Evaluation - College Pro-Active Trip Plan Program
Follow-up Sen:ice Surveys will be sent to approximately 50 percent of all college students that
reCeived a Pro-Active Irip Plan within six to eight weeks ofreceMng the Trip Plan. ALTtL&NS
will have an independent survey firm process the surveys and evaluate the results. The survey
will identify how many people received the ser~4ce and more importantly, how many of the
students that were once driving alone to college, are now using an alternative mode of
transportation directly attributable to the ser,,4ces that they received from the grant and
.ALT}L~.NS.
1.9.2 K-12 Program
Since the needs of the K-12 commuter are quite different than the needs of the college
commuter, the services offered to the K-12 environment ,,,.'ill be based upon both the destination
between their origination and destination points, the ~e group of the student and the type of
commute option provided. Depending upon the commute distance and mode type. some of the
lbllowing four Pro-Active Trip Plans may' be able to be broadcast in a single Pro-Active Trip
Plan medium.
The following services have been primarily organized into commute choices, as age
appropriateness for the commute options needs to be considered. These Pro-Active Trip Plans
will be distributed to the K-12 students and their parents within four weeks of the school's
starting date. In addition, follow-up contacts to these K-12 commuters will continue throughout
the school year while school is in session.
Carpool Encouragement
Pro-Active Carpoo['~Bicycle..,'~,'alk Trip Plans (such as the example on the next page) will be sent
to 13,256 K-12 students that attend the 39 schools that are part of this proposed grant program.
.ALTR./LNS will geo-code all K-12 students at all schools and will select natural zones that could
support new carpool partners in advance and will send these unique zone maps for each school.
to each of the parents/students that reside in these pre-determined zone areas.
16
2001/02 TFCA 40% APPLICATION
Eaton School
"~
The Cupertino Union School District (CUSD) and ALTRANS
Says "We're CARPOOLING, What about YOU?"
In a recent survey conducted by ALTRANS to Cupertino parents, quite a few of those v~-ho responded said the~
b'ould like to carpool to Eaton School but didn't knob' hob' or who to contact.
Introducing CARPOOLZIP.COM. a web site created bv CUSD and ALTRANS that ~11 work specifically for Eaton
students and their parents.
¥,:'ith this neb' service, you and other parents in your neighborhood can nob' simply go to
· ..~ .~. v. ::~r,~.~oi..,.? plcascrc~s~cr h;m and sign up for carpooling within your area. Fill out eveD~hing except the
ZONE and PASSWORD boxes and we ~'ill do the rest.
We will compile a list of all the parents interested in your neighborhood, put them on a list and make certain that all
interested parties are contacted by ALTRANS on your behalf. Remember that the more parents in your zone that
participates, the less traffic at Eaton.
If you need more information about this exciting neb' service, you can call Jill Meyers, TDM Coordinator for K - 12
schools at (408) 741-2685.
17
2001/02 TFCA 40% .APPLICATION
Transit Encouraeement - Middle and High Schools
Pro-Active Transit Trip Plans wSll be sero to all junior and senior high school students only.
since they are the most age-appropriate to use transit. ALTRANS will geo-code all student data
at these 12 schools and ,~511 distribute 6,000 Pro-Active Iransit Trip Plans to all those students
that live within V~ mile of a direct transit route to their home and school locations. AETR.~NS
will propose to VTA to allow complimentary bus passes to these students on a periodic basis as
an extra incentive to increase new transit ridership within this commuting group.
Jr. & Sr. High Schools September 2001
Hyde Middle School 450
600
Kennedy Middle School
Miller Middle School
45O
Cupertino Middle School 400
Redwood Middle School 550
RJ Fischer Middle School 500
Sacred Heart School 100
St. Andrews 100
600
Cupertino High School
Monta Vista High School
Prospect High School
Saratoga High School
1.000
75O
5OO
IOTA1. TRIP PLANS 6,t)00
The following page shows a sample Pro-Active Transit Trip Plan,'%larketing Piece that will go
out to the 6.000 households that are located within V4 mile of a direct transit route to their
respective school site. In addition to the following piece, additional material will be included in
the packet including a bus route and schedule.
18
2001/02 TFCA 40% APPLICATION
Tctal:892 studen:s
~t,,~n 1/4 to 1/3 miie
Percen'.:56 3c-~
Transit Options for Redwood School
~3,'orking together SUSD and ALTR_&NS have found that YOU and YOUR CHILD live ~ ithin ¼ of mile o£one of three (3)
direct transit rout_es offered from the Valley Transportation Authorib' fXrI'A~ to Redwo~xl School.
This means that all 2. ou have to do is simpl5 walk to the bus stop: hop on board Bus #27 and .~ou arrixc on campus x~ ithin 24
minutes of catching 3our bus! '
c .,pOoL -
X, Ve know that transit tsn't always the answer~ Which is why SUSD and ALTIL&NS have created an lnternet program
called CARPOOLZIP.COM~ You go to x~v.-~x.c::rpooizlp:plcascrccislcr h,,m simply fill out your name. address, etc.
(PLEASE IGNORE THE ZONE .~ND PASSWORD BOXES} and we will do all the work.
V~'e will geo-code all the parents interested in your zone put them on a list and make certain that all interested parties
are contacted bv ALTIL&NS on your beha!f.
In March 2001. carpoolzip.com will be made even more "user friendly" to make it easier for all parents and'or
students.
lfvou need more information, you can call Jill Meyers,/DM Coordinator for K - 12 at (408) 741-2685.
19
2001/02 TFCA 40% APPLICATION
Bicycle Encouraeement
Pro-Active Bicvcle Trip Plans wSll be sent to all students and their parents enrolled in grades 5 -
8 living within 0 - 2 miles to each of the schools, showing the prospective bicycle commuter the
safest and most efficient bicycle routes to use to cycle to each of the schools. As the age I. grade
level) of the cyclist increases, the mileage radius of those that receive the Pro-Active Bicvcle
Irip plan will increase. The Pro-Active Bicy-cle Trip Plan will also include a "Safe Routes to
School" map that xdsually show's each of the suggested or preferred routes and will include a link
to sign up for the "Bicvcle Buddy Program".
Walkine Encouraeement
Pro-Active Walking Trip Plans will be sent to all 2 - 8 graders and their parents 1Mng within ¢~
mile to each school, suggesting that the3' try walking to school. Similar to the Pro-Active
Bicycle Trip Plans, these Walking Irip Plans will show the safest and most efficient walking
routes, incorporating non-vehicular routes when possible, as part of the Trip Plan. In addition.
the parent ,~511 be able to join an active "Wallcing Bus Group" in order to increase the safety of
this excellent alternative transportation mode.
Proeram Evaluation - K-12 Pro-Active Trip Plan Prom'am
Follow-up Sera'ice Surveys will be sent to approximately 50 percent of all K-12 parents and
students within six to eight weeks of receiving the Pro-Active Trip Plan. ALTRANS will have
an h,,dependent sun'ey firm process the surveys and evaluate the results. The sm:ev will identify
how many people received the sen-ice and more importantly, how manx' of the parents that were
once driving their child(ren) alone to school, are now using an alternative mode of transportation
directly attributable to the serx4ces that they received from the grant and ALTRANS.
The following partial sun'ev is a sample of the current format that is now being used to gauge the
effectiveness of the Pro-Active Carpool Trip Plan Program. This three-page survey is actually
an electronic sun'ey, which parents now access from the Internet. ALTtL, MNS is able to collect
the survey data directlv fi.om the parents as they reply to the sun'ev over the Internet. which
provides a more efficient manner in which to process the survey.
20
200i/02 TFCA 40% APPLICATION
Carpooizip.com
Yes
No
Yes
No
Yes
No { Skip to {,question
Yes
X,'O ~k~l'~ lO (~)tl?qliOll f' ,
Wh% not'~
One dax a ;~cck
C
Tx~ o dax s a xvcek
Three ctavs a xxcck
Four
Fix c days a ~.veek
1.10 Proposed Budget'f°r 20001/02 TFCA 40% Grant
21
2001/02 TFCA 40% APPLICATION
a Salaries
(2) TCM Ted-ncal Aesi~ @$18~ ~,~45 v,,,,..--"~ $48.600
J25'% af Sala'y fcr full-.~rre ~
c. Corla, ilalt Fees
Mail I.-b.__ _m_. Scrting a"lc:! Dstributicn
Tolal ~
$15,000
$196,100
100.030 ~ Tra'at Tdp Raqs at Ran
19,256 K-12 Ro-/~ve ~/Bke'V~k Td Rahs @.50q-dp R~
6,000 K-12 R-o-,Z~ve Trar~ Tdp Ra~s (~.99rT'dp Raq
c consum~ suppi~
~oooI
$1o. ooo j
J'75.256 Pr.-~ve Trip Rar, s @.34 per pieae
$130,215
Total TFCA 40% Funds Requested:
Total Matching Funds:
Total Program Cost:
$241,315
$ 85.000
$326,315
2001/02 TFCA 40% APPLICATION
2. Where will the project be located/implemented?
This project wSll be located and implemented at six colleges and 39 K-12 schools throughout
Santa Clara County. The six colleges are located in five cities which are: Saratoga. Cupertino,
Santa Clara, San Jose and Los Altos Hills.
The 39 K-12 schools are located in eight cities which are: Saratoga, Cupertino. Los Altos. San
-Jose, Santa Clara, Sunnsxale, Los Gatos and Monte Sereno.
All together, the program will cover over half of the 15 cities in Santa Clara Count3' and will
cover service areas for seven K-12 school districts. Please refer to Tables 1 and 2 below tbr the
list of participating colleges and schools.
Table 1 - Colleges Student Population and Financial Aid Enrollment
West Valley College (S) 14000 Fruitvale Ave. 11,070 1,741 15.7% 10,856
Sarato!]a, CA 95070
San Jose City College (S) 2100 Moorpark Ave. 9,609 3,176 33.1% 10,094
San Jose, CA 95128
Evergreen Valley College (S) 3095 Yerba Buena Road 9,410 2,564 27.2% 10,218
San Jose, CA 95135
DeAnza College (Q) 121250 Stevens Creek Blvd. 24,08c~ 6,540 27.1% 24,681
Cupertino, CA 95014
)ill College 12345 El Monte Road 15,178 3,977 26.2%~ 16.018
Los Alton Hills. CA 95002
Mission College 3000 Mission College Blvd. 10,32§ 2,758 26.7°/ 10,405
Santa Clam, CA 95054
26.897 10.624 39.5°/~ 26.628
S: Semester System Total: 106.582 31,380 29.4% 108.900
23
2001/02 TFCA 40% APPLICATION
Table 2 - K12 Student Enrollment
School
District
Cupertino Union
Cupertino Union
Fremont Union High
Fremont Union High
Cupertino Union
CuPertino Umon
Cupertino Union.
Cupertino Union
Cupertino Union
Cupertino Union
Cupertino Union
Cuper[ino Union
Cupertino Union
Cupertino Union
Cupertino Union
Cupertino Union
Cupertino Union
Cul3ertino Union
Cupertino Union
Cupertino Union
Saratoga Union
Camppell Union High
LG-Sar. Jr. Un=on High
Campbei~ Union
Saratoga Un[o~
Saratoga Umon
Saratoga Union
Cupertino Union
CuDer~no Union
Pnvate Schools
Pnvate Schools
Cupertino Union
Cugertino Umon
Cupertino Union
CuPertino Un:on
LOS Gatos Union
Los Gatos Union
Los Gatos Union
LOS Gatos Union
School School
Name Address
Hyde Jr. High 19325 Bollinger Road
Kennedy Jr. H~Jh 821 Bubb Road
Cupertino High 10100 Finch Avenue
Monta Wsta High 21840 McClellan Road
Collins 10401 V~sta Dnve
Eaton 20220 Suisan Dnve
Faria 10155 Ba,~ara Lane
Garden Gate 10500 Ann Arbor Avenue
Lincoln 21710 McClellan Road
Portal 10300 Blaney Drive
Regnart 1170 Yorkshire Dnve
Sedgwick 19200 Phil Lane
Stevens Creek 10300 Ainsworth Drive
Montclalre 1160 St. Joseph Avenue
Miller Jr. High 6151 Rainbow Drive
De Vargas 5050 Moorpark Avenue
Dilworth 1101 Strayer Ddve
Meyerholz 6990 Melvin Dnve
Muir 6560 Hanover Drive
Eisenhower 277 Rodonovan Ddve
Redwood 13925 Fmitvale Avenue
Prospect High 18900 Prospect Road
Saratoga High 20300 Hemman Avenue
Marshall Lane 14114 Manlyn Lane
Argonaut 13200 Shadow Mountain Drive
Foothill 13919 Lynde Avenue
Saratoga 14592 Oak Stree~
Blue Hills 12300 De Sanka Avenue
McAul~e 12211 Titus Avenue
Sacred Heart, 13718 Saratoga Avenue
St Andrews 13601 Saratoga Avenue
Cupertino Jr H,:Jh 1650S. BemardoAvenue
Nimitz 545 E Cheyenne Dnve
Stocklme~r 592 Dunholme Way
West Vailey 1635 Betleville Way
Blossom Hill 16400 Blossom Hill Rd
Dares Ave 17770 D~ Ave
Van Me~er 16445 Los Gatos Blvd
RJ Fisher 17000 Roberts Rd
c~j
Cupertino
Cu
Cu 3ertino
Cu 3ertino
Cu 3ertino
Cu 3ertino
Cu 3eftino
Cu 3ertino
Cu ~rtino
Cu :~tino
Cu :)ertino
Cu 3ertino
Cu ~5~tino
Los Altos
San Jose
San Jose
San Jose
San Jose
San Jose
Santa Clara
Saratoga
Saratoga
Saratoga
Saratoga
Saratoga
Saratoga
Saratoga
Saratoga
Saratoga
Saratoga
Saratoga
Sunnyvale
Sunnyvale
Sunnyvale
Sunnyvale
Los Gatos
Los Gatos
Los Gatos
Los Gatos
Zip 2001102
Code Grades Enroll
95014 7-8 900
95014 7-8 1.200
95014 9-12 1.297
95014 9-12 2.041
95014 K-6 800
95014 K-6 390
95014 K-6 660
95014 K-8 575
95014 K-8 700
95014 K-6 455
95014 K-6 700
95014 K-6 760
95014 K-6 600
94024 K-6 540
95129 7-8 900
95129 K-6 600
95129 K-8 5!0
95129 K-8 460
95129 K-6 590
95051 K-6 675
95070 6-8 835
95070 9-12 1,587
95070 9-12 1.175
95070 K-5 478
95070 K-5 590
9507O K-5 56O
9507O K-5 4O5
95070 K-6 56O
95070 K-6 450
95070 K-8 305
95070 K-8 457
94087 7-8 850
94087 K-8 675
94087 K-6 800
94087 K-8 710
95032 K-5 ~
95030 K-5 569
95032 K-5 470
95032 6-8 994
28,407 K-12 Students
24
2001/02 TFCA 40% APPLICATION
How and tO what extent will the project reduce traffic congestion?
In this count3~-ide trip reduction program, our objective is .tO eliminate appro 'ximately 3,000 trips
per day to six communiD' colleges and 1,246 vehicle trips per day to 39 K-12 schools in 2001-
2002. These w511 include single occupant vehicle (SOV) triPs made by college, high. middle and
elementary school students and other trips made by parents or other drivers who are drMng
students to school one or more students per car.
As more students and parents participate in alternative modes of transportation, the program will
mitigate the long lines of school-bound cars on the streets and intersections in the vicinity of
those schools.
4. How' and to what extent will the project reduce Vehicle Miles Traveled? Single
Occupant Vehicle (SOV) trips? Cold starts?
In colleges, based on our past surveys at SJSU and the community colleges and with data
obtained fi.om the BAAQMD, approximately, 16.6% of college studems drive to access transit or
ridesharing spots. We have taken this into account in our emissions reduction and cost
effectiveness analysis worksheet.
The followq_ng college trip reduction parameters pertain to this project:
· Years of effeCtiveness: 1
· Number of one-way vehicle trips per day eliminated: 3,000
· Average trip distance: 11 miles one-way
· Number of commute days per year: 108 days (Adjusted)
· Average speed of eliminated trips: 50 mph
In the K-12 schools, because of the shorter trip distances, all the trips are school-bound and there
are no new trips to access transit or fidesharing. -
The following K-12 trip reduction parameters pertain to this project:
Years of effectiveness: 1
Number of one-way vehicle trips per day eliminated: 1.246
Trip distances:
K-6: 0.50 mi -
K-8: 0.75 mi
7.8: 1.0mi
9-12: 1.5 mi
Average: 0.94 mi
· Number of commute days per year: 150 days (Adjusted)
· Average speed of eliminated trips: 25 mph
Based on the above stated TRP parameters, the emissions reductions are calculated in the
.Emissions Reductions and Cost Effectiveness Analysis Worksheet. Please refer to Attachment I
of this grant application.
25
2001/02 TFCA 40% APPLICATION
5. Does the project address more than one eligible project categoo'? How?
When applied to colleges and K-12 schools, their students and employees, this project can
address the follovdng TFCA 40% Project Types and 1997 B.&AQMD Transportation Control
Measures (TCM):
Eligible Project Types
TCM # ~
, I
Support Voluntary Employer Based Trip Reduction Proerams { 1
Youth Transportation [ 10
Trip Reduction sen'ices
Local Clean Air Plans, Policies and Programs
Interminent Control Measure / Public Education
Who will benefit from the project and how widespread do you expect the benefits to
be? How many count' residents will benefit from the project? What specific
communities/groups will benefit (i.e. business, employers, bicyclists, pedestrians, the
elderly, commuters, etc.)?
This program is directly beneficial to financially disadvantaged students. As mentioned earlier.
30% of the college student population is receiving Financial Aid, and in order to be eligible for
financial aid. the student's household income is at or below poverty level according to state and
federal standards.
Altogether. the program benefits over 100.000 county residents commuting to slx community
colleges in five cities, which are Saratoga, Cupertino. San Jose. Santa Clara and Los .altos Hills.
The program also benefits over 28.000 pupils of thirty-nine K-12 schools and their parents in
Cupertino. Los Altos. Los Gatos. Monte Sereno, Saratoga. San Jose. Santa Clara and Sunn>wale.
This program is also beneficial to those cities, businesses and the surrounding communities. The
program will also be beneficial to agencies such as the Valley Transportation Authority. Bay
.Area .Air Quality Management District and other organizations providing alternative
transportation sen-ices.
7. Has vour agency implemented a project similar to the proposed project in the past? If
so, briefly describe your experience (did the project meet expectations, did it stay within
budget, etc.)
The contracted agency (ALTtL~NS) has successfully implemented similar programs and
projects, on time and on budget.
Se
How and to what extent does the project encourage a shift away from Single
Occupant Vehicles to shared-ride or non-motorized modes of transportation including
telecommuting?
Please refer to Section 4 - Project Narrative. answers to Question 1, 1.6 through 1.9, which is the
Implementation Methodolow~, of this application.
26
2001/02 TFCA 40% APPLICATION
Will this project provide other benefits that are not covered by the questions above
(for example, reduces road water runoff)? If so, please describe those benefits in
detail.
Some °fthe overall benefits of this pro,am are as follows:
· Reduces traffic congestion
· Reduces searching for parking space problems
· Reduces costs of maintaining parking facilities
· Reduces commuting costs: gasoline, maintenance, auto insurance, and it is especially
beneficial to financially disadvantaged students
· Reduces the risk of vehicle/pedestrian collisions
· Decreases driving stress
· Reduces regional air, water, noise and other environmental pollution
· Conserves ener~, and natural resources
· Educates students about automobile source emissions and its hmmful en,dronmental impacts
· Encourages participation in alternative transportation modes
· Creates a pool of future alternative transportation users as we encourage youth through
college adults.
· Enhances institution's image
· Improves access to education
Section 5 - Multi-Agency/Public-Private Partnerships
This project is being sponsored a~qd implemented by a single agency.
This project involves cooperation between public agencies. Please list below each
agency involved in the project and describe in detail the level of involvement
(financiak in-kind) of each agency.
XX This project involves cooperation between public agencies and private entities.
Please list below' each agency/entiD' involved in the project and describe in detail the
level of involvement (financial. in-kind) of each.
This program is sponsored bv the City of Saratoga with financial and project support
fi.om Cupertino and will be implemented by ALTRANS
Matchino~ funds of $15.000 fi'om the City of Cupertino. $35.000 fi.om West
Vallev.~'Iission Community College District. $15.000 from the DeAnza College
Associated Student Body and $20.000 from the Advanced Transportation Technology_.
Center. will make this ~ant even more cost-effective.
27
2001/02 TFCA 40% APPLICATION
Section 6 - Certification
I am authorized by my ~ency to apply for these funds on its behalf. I understand that. if the
project is funded, my agency will enter into an ~reemem with the program manager (VTA) to
implement the project within budget, on schedule, and to pro,~ide the necessary record keeping
for monitoring and audit purposes.
Signed: Name, Title, Date
28
~ - .
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001
AGENDA ITEM:
ORIGINATING DEPT: Public Works
PREPARED BY: ~ (~.e4jre~
SUBJECT: Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal
of the District for FY 01-02.
RECOMMENDED ACTION(S):
1. Move to adopt the Resolution describing improvements and directing preparation of the
Engineer's Report.
2. Move to adopt the Resolution appointing the Attorney's for the District.
REPORT SUMMARY:
Attached are two Resolutions the City Council must adopt to initiate the annual process of
renewing the Landscaping & Lighting Assessment District LLA-1 for the upcoming fiscal year
beginning on July 1. A brief summary of each Resolution is as follows:
Resolution describing improvements and directing preparation of the Engineer's
Report - This is the Resolution required under Streets & Highways Code Section 22622 to
initiate the annual renewal process for the existing assessment district for the ensuing fiscal
year. The Resolution references the proposed improvements to be provided by the disthct
(Exhibit A), and directs the preparation of the Engineer's Report required under S&H Code
Section 22565.
Resolution appointing Attorneys - This Resolution appoints the City Attorney's office as
the attorneys for the District throughout the renewal process, and limits their fees in
connection with this work to $500.
Again this year, the provisions of SB 919 (The Proposition 218 Omnibus Implementation Act)
adopted by the State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective
on July 1, 1997, will be implemented during the renewal process. Procedurally this means that
assessment ballots will be mailed to those property owners within the District whose initial
proposed assessments are either 1) higher than in any previous year and who have not prev.iously
voted on their assessments, or 2) higher than what was authorized via balloting conducted in a
previous year. As in pr~ious years, ballots will be separately tabulated at.the close of the Protest
Heanng for each Zorl~,,~that may be voting. Only those ballots returned by the close of the Protest
· . ~ ......
Heanng wall count towards determ~mng whether a majority protest exmts.
The following sets forth the tentative schedule for renewing the District for FY 01-02:
February 21 - Council adopts Resolutions directing preparation of Engineer's Report and
appointing Attorneys.
April 18 -
Council receives Engineer's Report. Council adopts Resolution of
Intention preliminarily approving Engineer's Report and assessments and
setting date and time for Protest Hearing.
April 20 -
Notices with Proposition 218 ballots mailed to property owners, if
required.
May 2
Notice of Protest Hearing published in Saratoga News.
May 9 -
Notice of Protest Hearing published in .Saratoga News.
June 6
Council conducts Protest Hearing per Gov't. Code Sec. 53753. Ballots are
tabulated at the close of the Hearing. If appropriate, Council adopts
Resolution confirming assessments for FY 01-02.
June 20 - Backup date if needed.
August 10 - Deadline for Engineer to transmit Assessment Roll to County Auditor.
FISCAL IMPACTS:
The costs associated with administering the Landscaping & L.ighting Assessment District are
recovered via the assessments levied against the properties, which receive special benefit from
the services provided through the District. A detailed analysi.s of the proposed financing for the
District in FY 01-02 will be provided in the Engineer's Report.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
One or both of the Resolutions would not be adopted. This would delay initiating the process to
renew the District for FY 01-02.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Work on the ~Engineer's Report will begin.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time. Eventually, noticeS and ballots will be mailed to certain property
owners as required by law. Additionally, notices will be published in the Saratoga News as
required.
ATTACHMENTS:
1. Resolution describing improvements and directing preparation of. the Engineer's Report.
2. Resolution appointing Attomeys.
RESOLUTION NO.
A RESOLUTION APPOINTENG ATTO1L\TYS
· FOR FISC)tL YE.M~ 2001-2002
CITY OF SARATOGA LANDSCAPING ANT) LIGHTING
ASSESSMENT DISTRICT LLA-1
RESOLVED, by the City Council of the City of Saratoga, Califomia, that
13,5IEREAS, the City Council has determined to undertake proceedings for the levy and
collection of assessments upon the parcels of land in the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 pursuant to the Landscaping and Lighting Act of 1972 for
the construction or installation of improvements, including the maintenance or servicing, or both,
thereof for the fiscal ),ear 2001-2002; and
WHEREAS, the public interest and general welfare will be served by appointing and
employing attorneys for the preparation and conduct of said proceedings;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That the law firm of Shute, Mihaly & Weinberger be, and it is hereby appointed
and employed to do and perform all legal services required in the conduct of said proceedings,
and that its compensation be, and it hereby is fixed at not to exceed S500.00.
Passed and adopted by the City Council of the City of Saratoga, Califomia at a meeting
thereof held on the __ day of ,2001, by the follovdng vote:
AYE S:
NOES:
ABSENT:
ABSTAIN:
Attest:
Mayor
City Clerk
RESOLUTION NO.
A RESOLUTION DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER'S REPORT
FOR FISCAL YEAR 2001-2002
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
1. The City Council did, pursuant to the provisions of the Landscaping and Lighting
Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California,
conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting
Assessment District LLA-1 and for the levy and collection of assessments for fiscal year 1980 -
1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950-
D, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and
the Improvements and Confirming the Diagr.am and Assessments;
2. The public interest, convenience and necessity require, and it is the intention of
said Council to undertake proceedings for the levy and collection of assessments upon the several
lots or parcels of land in said District, for the construction or installation of improvements,
including the maintenance or servicing, or both, thereof, for the fiscal year 2001-2002.
3. The improvements to be constructed or installed, including the maintenance or
servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by
reference incorporated herein.
4. The costs and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon said District, the exterior boundaries
of which District are the composite and consolidated area as more particularly shown on a map
thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made
for further particulars. Said map indicates by a boundary line the extent of the territory included
in said District and of any zone thereof and shall govern for all details as to the extent of the
assessment district.
5. The Engineer of said City be, and is hereby, directed to prepare and file with said
Clerk a report, in writing, referring to the assessment district by its distinctive designation,
specifying the fiscal year to which the repOrt applies, and, with respect to that year, presenting the
following:
a)
plans and specification of the existing improvements and for proposed
new improvements, if any, to be made within the assessment district or
within any zone thereof;
b)
an estimate of the costs of said proposed new improvements, if any, to be
made, the costs of maintenance or servicing, or both, thereof, and of any
existing improvements, together with the incidental expenses in
connection therewith;
c)
a diagram showing the exterior boundaries of the assessment district and
of any zones within said district and the lines and dimensions of each lot
or parcel of land within the district as such lot or parcel of land is shown
on the County Assessor's maP for the fiscal year to which the report
applies, each of which lots or parcels of land shall be identified by a
distinctive number or letter on said diagram; and
d)
a proposed assessment of the total amount of the estimated'costs and
expenses of the proposed new improvements, including the maintenance
or servicing, or both, thereof, and of any existing improvements upon the
several lots or parcels of land in said district in proportion to the estimated
particular and distinct benefits to be received by each of such lots or
parcels of land, respectively, from said improvements, including the
maintenance or servicing, or both, thereof, and of the expenses incidental
thereto.
6. The Office of the Public Works Director of said City be, and is hereby, designated
as the office to answer inquiries regarding any protest proceedings to be had herein, and may be
contacted during regular.office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga,
California 95070 or by calling (408) 868-1241.
Passed and adopted by the City Council of the City of Saratoga, California; at a meeting
thereof held on the __ day of ,2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
City Clerk
Mayor
F. xhibit A
D~-S~ON OF
The design, construction or installation, including the maintenance or
servicing, or both: thereof;.o£1anClscaping, including trees, shrubs, grass or other-
ornamental vegetation, statuary, fountains and other, ornamental structures and
facilities, and public :lighting' f~icilities for the lighting olr.any public places, including
traffic signals,....oxnam., entel .sta~asrds, luminaires, poles, supports, tunnels, manholes,
ya~.ts, condo=, pip=,.w~, e~,~ conductom, ~y~. st-bs, pa~or~, braces. ~ansfom~.
imm,atom, conta, cts, sw~tches, capac~tom, meters, communication circuits, appliances,
attachments aha a_ppurt .el~nces,.includillg the cost of repair, 'removal or replacement
of all or'any pan thereof; providing'for the life, growth, health and beaut~, of
ucaung mr msease or mlury, me removal oi~ trimming, rubbish, debris and other
solid waste; electric current~or energy, ~as or other ~umina.,.~ ....~- ..
..... o-- ~u.$ a$c~ ~or any puolic
hghung facilities or for the'lighting or operation of any other improvements; and the
operation of any fountains .or. the maintenance of any other improvements.
Supplement to Exhibit A
"" City of Saratoga -.
Landscaping and Lighting Assessment District LLA-1
Special-Benefits provided t° eaCh Zone
Zone 1 - (Manor Drive Landscape DistriCt) - prOvides for landscape maintenance-
of the Manor Drive medians and .Saratoga-SunnYVale Road frontage alOng Tract
3822.
Zone 2 - (Fredericksburg Landscape District) - Provides for landscape
maintenance along the Cox Avenue frontage of Tracts 3777, 4041, and 4042.
'Zone 3 - (Greenbriar Landscape District) - Provides for landscape maintenance of
the Seagull Way entrance to Tract 4628, 4725 and 4726, and of the common
areas along Goleta Avenue and Guava Court. '
Zone 4 - (Quito Lighting' District) - Provides for streetlighting and landscape
maintenance in the El Quito Park residential neighborhoods; Tracts 669, 708,
748, 6785, 7833, and 8700.
Zone 5 - (Azule Lighting District) - Provides for streetlighting in the'Azule
Crossing residential neighborhoods: Tracts 184, 485, 787, 1111 and 1800.
Zone 6 - (Sarahills Lighting District) - Provides for streetlighting in the Sarahills
residential neighborhood; Tracts 3392 and 3439.
Zone 7 - (Village Residential Lighting District) - Provides for streetlighting in four ·
separate residential neighborhoods surrounding Saratoga Village. Include§ all or
a portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2,
McCartysville, Saratoga Park, Williams and Tracts 270, 336, 416, 2399, 2502
4477, 5350, 5377, 5503, 5676, 6419 and 6731. '
Zone 9 - (McCartysville Landscape District) - Provides for landscape maintenance
along the Saratoga-SunnYVale Road frontage of Tract 5944.
Zone 10 - (Tricia Woods Landscape District) - Provides for landsCape
maintenance along the Saratoga-SunnYVale Road frontage of Tracts 61 99, 7495
and 7928. Shared with Zone 27.
Zone 11 - (Arroyo de Saratoga Landscape District) - Provides fOr landscape
maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835,
2844, 3036 and 4344.
Zone 12 - (LeUtar'EOurt'LandScape District) -~Provides:for landscape
maintenance of the Leutar Court frontage inTract 6996.
Zone 15 - (Bonnet Way Landscape District)'-~Provides for .monthly landscape
maintenance along Bonnet Way;, Tract 5462~ '
Zone 16 - (Beauchamps Landscape District) - Provides for landscaping and
lighting of the Prospect Road entrance-to the Beauchamps subdivision; Tract
7763.
Zone 1 7 - (Sunland Park Landscape District) - Provides for landscape
maintenance along the Quito Road frontage' of Tracts .976 and 977.
Zone 22 - (Prides Crossing Landscape District) - Provides for periodic landscape
maintenance along ProspectRoad b~tween the Route 85 overcrossing and Titus
Avenue and along Cox Avenue . between the Route 85 overcrossing and Saratoga
Creek. Includes all properties bordered by Route 85, ProspeCt Road and Saratoga
Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644,
1695, 1727, 1938 and 1996).
Zone 24 - (Village Commercial Landscape and Lighting District) - Provides for
routine maintenance of Village Parking Districts 1-4, Big Basin Way landscaping
and street lighting.
Zone 25 - (Saratoga Legends Landscape District) - Provides for landscape
maintenance along the Saratoga-Sunnyvale Road frontage, and pedestrian
pathways within Tract 8896.
Zone 26 - (Bellgrove Landscape and Lighting District) - Provides for common
area landscape maintenance and lighting associated with Tract 8700.
'Zone 27 - (Cunningham Place/GlaSgow Cgurt Landscape District) - See
description for Zone 10.
Zone 28 - (Kerwin Ranch Landscape District) - Provides for landscape
maintenance along the Fruitvale and Saratoga Aves. Frontages of Tracts 8559 and
8560.
Zone 29 - (Tollgate Landscape and Lighting District) - Provides for maintenance
of the common area landscape and lighting improvements along Tollgate Road at
'the entrance to Tracts 3946 and 5001.
Zone 31 - (Horseshoe Drive Landscape District) - ProVides for the installation and
maintenance of landscaping, and gateway~frontage improvements along the north
side of Saratoga-Los Gatos Road between the adjacent intersections of
Horseshoe Drive. The' benefiting properties are those within Tracts 247 and
6722, and all .other properties within the Horseshoe Drive neighborhood Which
are accessed, directly or indirectly Via Horseshoe.Drive.
SARATOGA CITY COUNCIL
MEETING DATE: FebruaD- 21, 2001 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services DEPT HEAD:
SUBJECT: Fiscal Years 2001-02 and 2002-03 Budget Development Process
RECOMMENDED ACTION(S):
Accept and file this report.
REPORT SUMMARY:
Attached is the proposed calendar for preparation of the fiscal years 2001-02 and 2002-03
budgets. Under the proposed timeline, the City Council would receive the draft budget document
for their May 2 meeting. During that meeting, the Cit-3.' Council would review the format of the
budget, the assumptions which were used to develop the budget, review summar).' information.
and revenue sources. The City Council would conduct another budget workshop on May 16.
focusing on a detailed and thorough review of program expenditures. A publi.c hearing and
adoption of the final budget document is scheduled to be held on June 6.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None.
ALTEI~NATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
None.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Proposed Budget Preparation Calendar.
CouncilRpt 2
PROPOSED BUDGET PREPARATION CALENDAR
FISCAL YEARS 2001-2002 AND 2002-2003
2/21/01
2/21/01
3/12/01
4/18/01
5/2/01
5/2/01
to
5/23/01
5/16/01
6/6/01
City Council initiates LLA-1 renewal process for FY 01-02, orders preparation of
Engineer's Report and appoints Attorneys.
City Council reviews budget calendar for FY 01-02 and FY 02-03.
Finance Commission reviews budget calendar for FY 01-02 and FY 02-03.
City Council preliminarily approves LLA-1 Engineer's Report, schedules public
hearing, and adopts Resolution of Intention.
City Council receives third quarter financial report from staff. Staff also presents
draft FY 01-02 and 02-03 budget document to City Council, and reviews format,
assumptions, summaD' schedules, recommended Staffing changes, and revenue
projections. Preliminary instructions to staff on desired changes.
All Commissions review draft FY 01-02 and 02-03 budget document during their
regular monthly Commission meetings. Finance Commission reviews the
document on 5/14/01.
City Council holds second FY 01-02 and 02-03 budget workshop. Staff makes-
budget presentation to City Council focusing on expenditures and capital
improvements. Final instructions to staff on changes.
City Council conducts budget hearing and LEA hearing, and adopts FY 01-02 and
FY 02-03 budget.
MJW~CALENDR.doc 2/15/01
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001
ORIGINATING DEPT: Public Works
PREPARED BY: ~,~C~
SUBJECT: Citywide Pavement Condition Update - Award of Consultant Contract
RECOMMENDED ACTION(S):
1. Move to award a consultant contract to Harris & Associates in the amount $30,740 for a
condition inspection update of the City's pavement system and authorize the City Manager to
execute a consultant contract for the same.
REPORT SUMMARY:
Recently, staff solicited proposals from qualified consultants for work associated with updating the
City's Pavement Management System (PMS). The City received three proposals and a summary of
the proposals is attached. Harris & Associates, who developed the City's current PMS database,
submitted the lowest proposal in the amount of $30,740.
There are three tasks involved in the scope of services:
Ta.qk 1
Convert the City's current Pavement Management System (PMS) database, PMi, to the
Metropolitan Transportation Commission's (MTC) PMS database. The MTC's PMS database was
developed in part so a standardized PMS database could be available to all bay area jurisdictions,
thus encouraging jurisdictions to develop a pavement management system. At this time, most Bay
Area jurisdictions are utilizing MTC's PMS database. Recently, certain pavement related programs
and grants administered through the MTC have been conditioned so that eligibility is connected to
the use ofMTC's PMS database.
Ta~qk 2 (,q1:800)
Train Engineering staff on the use of the MTC PMS database.
Tauk q (Sg25;R60)
Perform a citywide inspection of the City's approximately 137 centerline miles of streets. The
consultant will record t.h.5 presence of surface distresses, quantities and severity for all distresses.
Inspection data will th~ incorporated into the MTC PMS database. It has been approximately
ten years since the Ci~?~..~."formed a condition survey of its street system. Although the City has
kept its PMS database-~nZrent, ~t ~s ~mportant to perform a citywide inspection periodically.
Back~m'onnd:~
A Pavement Management System (PMS) is a computerized database, which systematically
recommends various maintenance treatments for all publicly maintained streets in the City. The
program is built upon a model, which assumes standard pavement performance characteristics for
various street classifications over time, and which attempts to extend the life of a street before
reconstruction is needed to approximately 100 years. By carrying out the recommended
maintenance treatments the City will, over time, reduce its annual pavement maintenance costs.
It is therefore recommended that the Council award a'consultant contract to Harris & Associates
and authorize the City manager to execute a consultant contract for the same.
FISCAL IMPACTS:
Funding for this work is programmed in the adopted budget in Activity 3005 (Street Maintenance)
- Account No. 4013 (Engineering Services).
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Harris & Associates will not be awarded a consultant contract. However, staff does
not believe that a lower proposal will be obtained due to the competitive nature of the current
proposals received.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The contract will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Consultant Contract.
2. Proposal Summary.
CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
)
THIS AGREEMENT is made at saratoga, Califomia by and between the CiTY OF
SARATOGA, a municipal corporation ("City"), and Harris & Associates, ("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 ,200_, and
extends through ., 200 or the completion of the project, whichever
occurs first, unless it is extended by written mutual agreement between the parties,
provided that the parties retain the right to terminate this Agreement as provided in
Exhibit D at all times.
3. PAYMENT. 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' ali 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.'
Standard Independent Contractor Agreement
Last printed 2/16/01 4:00 AM
A:\Standard Contract (5-25-00).doc
Page'l of 4
4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ("Facilities
and Equipment"), Contractor shall, at its sole cost and expense, furnish all faciliti, es and
equipment which may be required for completing the Scope of Work pursuant to this
Agreement. City shall furnish to Contractor only the facilities and equipment listed in
Exhibit C according to the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the
general provisions set forth in Exhibit D ("General Provisions~"). In the event of any
inconsistency between said general provisions and any other terms or conditions .of this
Agreement, the other term or condition shall control insofar as it is inconsistent with the
General Provisions.
6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and
are by this reference incorporated herein and made a part of this Agreement.
7. CONTRACT ADMINISTRATION. This Agreement shall be administered on
behalf of City by John Cherbone ("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 t9 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 carder. 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:
Harris & Assocaites
120 Mason Circle
Concord, CA
94520-1214
Standard Independent Contractor Agreement
Last printed 2/16/01 4:00 AM
ASStandard Contract (5-25-00).doc
Page 2 of 4
Notices to City shall be sent to:
John Cherbone, Public Works Director
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:
Print Name:
Position:
Standard Independent Contractor Agreement
Last printed 2/16/01 4:00 AM
ASStandard Contract (5-25-00).doc
Page 3 of 4
CITY OF SARATOGA, a municipal corporation
By:
NalTle~
Title:
APPROVED AS TO FORM:
Date:
By: Date:
City Attomey
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By: Date:
Administrative Services Director
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
Standard Independent Contractor Agreement
Last printed 2/16/01 4:00 AM
A:kStandard Contract (5-25-00).doc
Page 4 of 4
EXHIBIT A
SCOPE OF WORK
Contractor ~shall complete the attached Scope of Work.
Exhibit A
Last printed 2/16/01 4:02 AM
A:\Standard Contract Ex. A (5-25-00).doc
Page 1 of 1
7, 20Ol
~d~, 2000
Mr. John' Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
RE: Revised Proposal to Convert PMi Pavement Management Database to MTC PMS
-Format
Harris & Ass0ci ates
Program Managers
Construction Managers
Civil Engineers
Dear Mr. Cherbone:
Attached is a proposal from Harris & Associates for conversion of Saratoga's PMi pavement
management database to the MTC Pavement Management System (PMS) condition
inspection update of your pavement network, and training.
Scope of Services
The first task of this proposal is conversion of Saratoga's existing PMi pavement
management database to MTC PMS format. This conversion will allow Saratoga to maintain
a pavement inventory, score segments according to a nationally accepted 0-100 Pavement
Condition Index (PCI) rating scale, and conduct cost analyses to determine pavement needs,
test funding scenarios, and develop optimal work plans.
TASK 1
Convert PMi toMTC
This estimate is based on the conversion of approximately 1,242 pavement
segment records, and conversion of the PMi database to MTC's version 7.5.
The City will obtain the MTC PMS software directly from MTC. The cost of
the software is $500 plus tax and shipping for new Bay Area users.
Harris' project manager will review Saratoga's PMi database and provide
Saratoga with a report detailing the PMi fields .and data that can be
accommodated by the MTC PMS. Data not compatible with the MTC PMS
can be provided to Saratoga in an Microsoft Access format database. The
external database will. retain segment identifier references from the PMi so
that the external database records can be referenced to MTC PMS database
records.
120Mason'~ircte Concord, Catifornia 94520-1214 925.827.4900 FAX g25.827.4982 concord~harris-asso~.com
TASK 2
TASK 3
Some fields, such as functional class must be restricted from PMi's eight
allowed descriptions to MTC's four. Harris will provide a listing of proposed
consolidation of data before the conversion is undertaken. "
Deliverable: PMi segment and historical data converted to the latest MTC
PMS database format. Delivery meeting to install the MTC PMS software
and database.
Deliverable: Updated PMS d.~atabase, extemal database (if required), Segment
Detail report.
MTC PMS Training
Harris & Associates' project manager will provide two one-half day training
sessions focusing on basic operations and higher level budget analysis
training.
The first day will focus on database backup, retrieval, modification, and
reporting. Each basic function of the MTC PMS will be reviewed during day
one. The second day will focus on analysis calculations and reporting, and
can be customized to meet the specific needs of the City. Those responsible
for the day-to-day maintenance of the system should attend the first day's
· training. Individuals responsible for manipulating budget analyses and
making policy decisions should attend the second day training.
Training will be held at City of Saratoga offices. The City will provide
computers for this session if staff desires a hands-on tra!ning. Otherwise, the
training will be provided in lectUre format. General follow-up by phone is
included as part of this training.
Deliverable: Two-day training session
Provide Inspection Services for City-wide Condition Update
The estimate for this task is based on' inspection of the City's 137 centerline
miles of streets and approximately 1,242 pavement management segments.
Harris & Associates wili follow the MTC PMS methodology for inspection,
reviewing 100% of each pavement segment to determine the most
representative 10% of the segment. Harris inspectors will record the presence
of surface distresses, ·quantities and severity for all distresses within the. 10%
sample. The cost estimate for this task includes data entry. Inspection data
will be incorporated into the MTC PMS database.
Harris inspectors will randomly sample street segment geometry to verify
accuracy.
Deliverable: Inspection Distress Report, Pavement Condition Index (PCI)
Report, Updated MTC PMS Database
Il
Harris
Agreement
I have included an agreement page for you to complete in the event the scope of' tasks, cost
· estimate, and staffing are acceptable to the City of Saratoga. If you haVe an questions, please
contact me at (925)827-4900 x. 127. Harris & Associates looks forward to helping Saratoga
with its 'pavement management conversion and other efforts!
Best regards,
HARRIS & ASSOCIATES, INC.
Ma~rk~D. Martin
Senior Project Manager/
Associate
Attachments
Il
Harris & Associates
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION. City shall pay Contractor an amount not to exceed the
total sum of Thirty Thousand Seven Hundred-Forty Dollars ($30,740) for work to be performed
and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be
the total which City shall pay for the work product to be provided by Contractor pursuant to this
Agreement.
2. INVOICES. Contractorshall submit invoiCes, not more often than once a month during
the term of this Agreement, based on the cost for work performed and reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following information:
ao
Serial identifications of bills, i.e.', Bill No. 1;
The beginning and ending dates of the billing period;
a summary containing the tOtal contract amount, the amount of prior billings, the
total due this period, and the remaining balance available for all remaining billing
periods.
3. MONTHLY PAYMENTS. City shall make monthly payments, based on such invoices,
for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable
expenses incurred.
4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurred by Contractor except as specified in Exhibit A to this Agreement.
Exhibit B
Last printed 2/16/01 4:53 AM
ASStandard Contract Ex. B (5-25-00)PMS.doc
Page 1 of 1
EXHIBIT ,C
FACILITIES AND EQUIPMENT '
' City shal! furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for ContraCtor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said Physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which ma'~ involve incurring any direct expense,'
including, but not limiting the generality of this exclusion, long-distance telePhone or.other
communication charges, vehicles, and reproduction facilities. Contractor shall not use such
services, premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
Exhibit C
Last printed 2/16/01 4:06 AM
A:~STANDARD CONTRACT EX. C (5-25-00).DOC
Page 1 of 1
EXHIBIT D
GENERAL PROVISIONS
o
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 fight 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 fight 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.
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 prgfession 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 per. son practicing in Contractor!s profession.
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.
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.'
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
securi'ty, 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 ihdemnify 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.
Exhibit D
A:~Standard Contract Ex. D (5-25-00).doc
Last printed 2/16/01 4:07 AM
Page 1 of 8
Ow
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.
PERSONNEL.
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.
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.
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.
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.
COMPLIANCE WITH LAWS.
Exhibit D
A:\Standard Contract Ex. D (5-25-00).doc
Last pr/nted 2/16/01 4:07 AM
Page 2 of 8
ao
In General. Contractor shall observe and comply with all laws, policies, general
rules and regulations established by City and shall comply with the common law and
all laws, ordinances, codes and regulations of governmental agencies, (including
federal, state, municipal and local governing bodies) applicable to the performance of
the Scope of Work hereunder, including, but not limited to, all provisions of the
Occupational Safety and Health Act of 1979 as amended.
Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally
required for Contractor to practice its profession. Contractor represents and warrants
to City that Contractor shall, at its s~le cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals which are
for Contractor to practice its profession. In addition to the foregoing,
legally
required
Contractor shall obtain and maintain~ during the term hereof a valid City of Saratoga
Business License.
Co
Funding Agency Requirements. To the extent that this Agreement may be funded
I.
by fiscal assistance from another en~lty, Contractor shall comply with all applicable
rules and regulations to which City is bound by the terms of such 'fiscal assistance
program. : . . . '
Drug-free Workplace. Contractor and Contractor's employees and subcontractors
shall comply with the City's policy ~f maintaining a drug-free workplace. Neither
Contractor nor Contractor's employees and subcontractors shall unlawfully
manufacture, distribute, dispense, pgssess 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 'al facility, premises, or worksite, the Contractor,
within five days thereafter, shall no{ify the City.
eo
Discrimination Prohibited. Contractor assures and agrees that Contractor will
comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and that no person shall, on the grounds of race, creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's
.status, political affiliation, or any other non-merit factors be excluded from
participating in, be denied the benefits of, or be otherwise subjected to discrimination
under this Agreement.
ltl,. DOCUMENTS AND RECORDS.
a. Property of City. All reports; data, maps, models, charts, studies, surveys,
Exhibit D
A:\Standard Contract Ex. D (5-25-00).doc
Last printed 2/16/01 4:07 AM
Page 3 of 8
bo
do
photographs, memoranda or other written documents or materials prepared by
Contractor pursuant to this Agreement shall become the property of City upon
completion of the work to be performed hereunder or upon termination of this
Agreement.
Retention of Records: Until the expiration of five years after the furnishing of any
services pursuant to this Agreement, Contractor shall retain and make available to the
City or any party designated by the City, ~upon written request by City, this
Agreement, and such books, documents and records of Contractor. (and any books,
documents, and records of any subcontractor(s)) that are necessary or convenient for
audit purposes to certify the nature and extent of the reasonable cost of services to
City.
Use Of Recycled Products. Contractor' shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at
equal or less cost than virgin paper.
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.
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.
Exhibit D
A:\Standard Contract Ex. D (5-25-00).doc
Last pr/nted 2/16/01 4:07 AM
Page 4 of 8
12.
13.
RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the
work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any
subcontractor, to the City, to City officers 'and employees, or to parties designated by the
City, on account of the performance or character of the work, unforeseen difficulties,
accidents, occurrences or other causes predicated on active or passive negligence of the
Contractor or of any subcontractor.
INDEMNIFICATION. Contractor and City agree that City, its employees, agents and
officials shall, to the.fullest extent permitted by law, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs,
court costs or any other cost arising out of or in any way related to the 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.
ao
Indemnity. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold harmless City, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind whatsoever without
restriction or limitation, incurred in relation to, as a consequence of or arising out of
or in any way attributable actually, allegedly or impliedly, in whole or in part, to the
performance of this Agreement. All obligations under this provision are to be paid by
Contractor as they are incurred by the City.
bo
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 sole fault of City,
provided such sole fault is determined by agreement between the parties or the
findings of a court of competent jurisdiction. This exception will apply only in
instances where the City 'is shown to have been solely at fault and not in instances
'where Contractor is solely or partially at fault or in instances where City's fault
accounts for only a percentage of the.liability involved. In those.instances, the
obligation of Contractor will be all-inclusive and City will be indemnified for all
liability incurred, even though a percentage of the liability is attributable to conduct of
the City.
C°
Acknowledgement. Contract0r acknowledges that its obligation pursuant to this
' section extends to liability.attributable to City, if that liability is less than the sole
fault of City. 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
sole fault of City.
Exhibit D
ASStandard Contract Ex. D (5-25-00).doc
Last printed 2/16/01 4:07 AM
Page 5 of 8
14.
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.
eo
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.
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. For purposes of Section 2782-of the Civil Code the
parties hereto recognize and agree that this Agreement is not a construction contract.
By execution of this Agreement, Contractor acknowledges and agrees that it has read
and understands the provisions hereof and that this paragraph is a material element of
consideration. City approval of the insurance contracts required by this Agreement
does not relieve the Contractor or subcontractors from liability under this paragraph.
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.
Events of default. Each of the following shall constitute an event of default
hereunder:
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
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.
Exhibit D
A:\Standard Contract Ex. D (5-25-00).doc
Last printed 2/16/01 4:07 AM
Page 6 of 8
16.
17.,
¸18.
19.
20.¸
Remedies upon default. Upon any Contractor default, City shall have the right to
immediately suspend or terminate the Agreement, seek specific performance, contract
with another party to perform this Agreement and/or seek damages including
incidental, consequential and/or special damages to the full extent allowed by law.
No Waiver. Failure by City to Seek any remedy for any default hereunder shall not
constitute a waiver of any other rights hereunder or any right to seek any remedy for
any subsequent default.
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 recordsz City's rights to material produced,
confidential information, contractor's responsibility, indenmification, .insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive termination of this
Agreement.
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 a{ 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.
LITIGATION. If any litigationis 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.
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.
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
Exhibit D
A:\Standard Contract Ex. D (5-25d)0).doc
Last printed 2/16/01 4:07 AM
Page 7 of 8
waives all tights or claims to notice or heating respecting any failure by City to continue to
request or retain all or any portion of the work product from Contractor following the
expiration or termination of this Agreement.
21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties
executing this Agreement and not for the benefit of any other individual, entity or person.
22.
WAIVER. Neither the acceptance of work or payment for work pursuant to this
Agreement shall constitute a waiver of any lights 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.'
Exhibit D
A:\Standard Contract Ex. D (5-25-00).doc
Last pr/nted 2/16/01 4:07 AM
Page 8 of 8
EXHIBIT E
INSURANCE
Pl.ease 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
ce. verage on its behalf. All endorsements and certificates are to be received and approved by City
before work commences. City has the right to require Contractor's insurer to provide complete,
certified copies of all required insurance policies, including endorsements affecting the coverage
required by these specifications. '
X Commercial General/Business Liability Insurance with coverage as indicated:
X
$1,000,000 per occurrence/S2,000,000 aggregate limits for bodily injury and
property damage
$ per occurrence bodily injury/$ per occurrence
property damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
If the standard ISO Form wording for "OTHER INSURANCE", or other
comparable wording, is not Contained in Contractor's liabil,!ty insurance policy, an
endorsement must be provided that said insurance will be primary insurance and
any insurance or self-insurance maintained by City, its offiCers, employees, agents
or volunteers shall be in excess of Contractor's insurance and shall not contribute
to it.
X Auto Liability Insurance with coverage as indicated:
X
' $1,000;000 combined single limit for bodily injury and property damage
$ per person/$ per accident for bodily injury
$ per occurrence for property damage
$ 500,000 combined single limit for bodily injury and property damage
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven.
Exhibit E
Las~: printed 2/16/01 4:08 AM
A:E;TANDARD CONTRACT EX. E (6-27-00).DOC
Page 1 of 3
Professional/Errors and Omissions Liability with coverage as indicated:
$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 follow, ing 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:
Exhibit E
Last printed 2/16/01 4:08 AM
· A:\STANDARD CONTRACT EX. E (6~27-00).DOC
Page 2 of 3
As to all of the checked insurance requirements above, the following shall apply:
ao
Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the
City, either (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials and employees; or
(2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
City as Additional Insured. The 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.
Other Insurance Provisions. The policies are to contain, Or be endorsed to
contain, the following provisions:
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
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.
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.
do
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A:VII
Exhibit E
Last printed 2/16/01 4:08 AM
A:\STANDARD CONTRACT EX. E (6-27-00).DOC
Page 3 of 3
SARATOGA CITY COUNCIL
MEETING DATE: February 21, 2001 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITY MANAGER:/~,:
P REPAREDBY'~%/o~ /~:~~/ D EPT HEAD:/~,/~
SUBJECT: Environmental Consultant Services for the Saratoga Library Renovation and
Expansion Project
RECOMMENDED ACTION(S):
Authorize the City Manager to execute an independent contractor agreement with Mundie &
Associates for environmental Consulting services for the Saratoga Community Library
Renovation and Expansion project.
REPORT SUMMARY:
The California Environmental Quality Act (CEQA) requires that an environmental analysis (i.e.
an Initial Study) be performed before expanding the Saratoga Community Library. The Initial
Study must be performed before the project goes out to bid for construction. The City's timeline
for the project requires that the analysis be completed before the end of April.
The City prepared a Request for Qualifications (RFQ) and sent it to thirteen firms that perform
this service in the greater Bay Area. Only two finns responded, one of which was Mundie &
Associates. Roberta Mundie, the firm's principal, is highly respected in this field. Other staff
members who work for the firm are also well qualified. Mundie & Associates has subcontracted
with Fehr and Peers to perform a traffic study that will be incorporated into the Initial Study.
The timeline presented below envisions that three versions of the Initial Study will be provided
by the Consultant to the City of Saratoga:
Administrative Draft Initial Study. This document will be the first draft, sufficiently
complete for purposes of City review. The traffic section of the document will be
submitted one week later.
Draft Initial Study. This will be a close-to-publication version of the draft, allowing for a
small number of final revisions/refinements.
· Final Initial Study. This final document is what the City will publish and distribute for
public review.
All dates and descriptiOns are premised on the assumption that the Initial Study will support a
Negative Declaration or a Mitigated Negative Declaration. If that proves not to be the case, the
overall strategy for CEQA review (including schedule and budget) will have to be revisited.
-- Participant Task Timing Approx.'Date'
City Issue authorization to After approval of contract Feb. 22
proceed
-~onsultant Begin work Within a week of authorization Mar. 1 (or earlier)
--~ity Provide needed project - During contract preparation On or before Feb. 23
related input
--~ity/Consultant Start-up meeting On consultant's beginning work Week of Feb. 23 - Mar. 2
Consultant Initial Study/Admin. Draft Two weeks from authorization Mar. 8
(non-transportation)
City Comments on Admin. Draft One week after submittal Mar. 15
(non-transportation)
Consultant Admin. Draft oftrans- Three weeks from authorization Mar. 15
portation responses
C;ity Comments on Admin. Draft One week after submittal Mar. 21
(transportation)
Consultant Draft of full document One week after receipt of all Mar. 28
comments on previous
submittals
City/Consultant Final review meeting On completion of Publication April 2
Consultant Delivery of document Three days from final review April 5
meeting
_~__ity Publication April 6
S__tatutory Public review period begins April 6
Statutory Public review period ends Not less than 20 days following April 26
publication
--~ity City Council certification of After 20 day review period is May 2
Negative Declaration complete
-~ity Prepare notice of Day after City Council meeting May 3
Determination and Mail to
County
FISCAL IMPACTS:
The cost for these services is not to exceed $25,000. Funds have been appropriated in the budget
for the Library project.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
An environmental analysis is required for the i~roject to proceed. City staff does not have the
expertise to perform this work, so if an environmental consultant is not hired, the City will not be
in compliance with the California Environmental Quality Act (CEQA). If the appointment of the
environmental consultant is delayed, the request for bids needed to hire a general building
contractor will also be delayed.
ALTERNATIVE ACTION(S):
Direct staff to return at the next city Council meeting with a recommendation for another
environmental consultant.
FOLLOW UP ACTION(S):
Execute agreement and begin the environmental study.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT(S)
Independent Contractor Agreement with Mundie & Associates
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 Mundie & Associates ("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
WI-IEREAS, 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.
z.. TERM. The term of this Agreement commences on ., 2001, and extends
through completion of the project unless it is extended by written mutual agreement between the
parties, provided that the parties retain the right to terminate this Agreement as provided in
Exhibit D at all times.
3. PAYMENT. 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.
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:~Alex\Library Expansion\Contracts\Contract-Environ.doc
Page 1 of 18
4. FACILITIES AND EQUIPMENT. Except as Set forth in Exhibit C ('~Facilities and
Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment
which may be required for completing the Scope of Work pursuant to this Agreement. City shall
furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms
and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS. City and ContractOr agree to and shall abide by the general
provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency
between said general ·provisions and any other terms or conditions of this Agreement, the other
term or condition shall control insofar as it is inconsistent with the· General Provisions.
6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of City by the Administrative Services Director ("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:
Roberta Mundie
Mundie & Associates
3452 Sacramento Street
San Francisco, CA 94118
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:~Alex~Library Expansion\Contracts\Contract-Environ.doc
· Page 2 of 18
Notices to City shall be sent to:
Administrative Services Director.
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:
l:'tint Name:
Date:
Position:
CITY OF SARATOGA, a municipal corporation
Ely:
blame:
Date:
Title:
Standard Independent Contractor Agreement
Last printed 2/I 6/01 2:57 PM
O:~Alex~Library Expansion\Contracts\Contract-Environ.doc ,
Page 3 of 18
APPROVED AS TO FORM:
By: Date:
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By: Date:
Administrative Services Director
Attachments
Exhibit A-- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:LAlex~Library Expansion\Contracts\Contract-Environ.doc
Page 4 of 18
EXHIBIT A
SCOPE OF WORK
Contractor shall complete the attached Scope of Work.
Standard Independent Contractor Agreement
L~tst printed 2/16/01 2:57 PM
O:~a, lex~Libraty Expansion\Contracts\Contract-Environ.doc
Page 5 of 18
~,452 Sacramento SIreel
San Francisco, CA 94118-1914
Phone 415-441-9640
Fax 415-441-9683
February 9, 2001
Ms. Mary Jo Walker
Director of Administrative Services
Administrative Services Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Ms. Walker:
Thank you for the opportunity to submit this Statement of Qualifications for environmental consulting
services for the Saratoga Community Library Renovation and Expansion Project. This response
outlines our understanding of the project and presents our proposed scope of work, consultant team
qualifications, budget, and schedule.
UNDERSTANDING OF THE PROJECT
The existing Saratoga Community Library building is located on an 18.2-acre site at the southwest
quadrant of the Fruitvale Avenue/Saratoga Avenue intersection. ·
The library is operated by the Santa Clara County Library.' The City of Saratoga owns the library
building, as well as the project site, known as Central Park Orchard or Heritage Orchard. The library
building occupies 4.3 acres of the site, with the remaining 13.9 acres planted mainly with apricot trees.
Surrounding land uses include two elementary schools, a middle school, West Valley College, City
Hall, and a residential subdivision.
The project will involve:
(1) A 28,000- to 31,000-square-foot expansion of the existing 18,000-square-foot library building.
(2) Expansion of the existing onsite parking lot from 95 spaces to 165 spaces.
(3) Temporary relocation of the library during the 18-month project construction period.
The evolution of the project site plan and design has reflected the community's desire both to maintain
the thematic design character of the existing library building and to retain the orchard.
Three community meetings were held during the schematic design 'phase to receive input from eom-
munity members and organizations, with special emphasis on project impacts on the hiStoric orchard.
A schematic design for the library expansion (including site design and building elevations) has been
completed, and the design development phase is under way. The design follows the lead of the
existing building, the exterior of which is described as having the look and feel of"a drying shed set in
Roberta Mundie, President Suzanne Lampert,
Vice President
rober ta.mundie@mundie.corn stizanne.lamper
t@mundie.com
Mary Jo Walker
City of Saratoga
February 9, 2001
Page 2 of 7
an orchard." Expansion of the parking area will be accommodated through reconfiguration of part of
the orchard, with fruit trees to be moved or eliminated in a manner intended to retain the integrity of
the original orchard.
During construction, existing library operations will be temporarily moved to modular buildings that
will be placed either in the parking lot of an adjacent church (the City's preferred alternative) or on the
existing library site.
The City of Saratoga will be the Lead Agency for the environmental review. The environmental
document will be reviewed by staff at the Santa Clara County Library as well as by the City.
SCOPE OF WORK
We understand that the City anticipates that a Negative Declaration (or Mitigated Negative Declara-
tion) will be the appropriate form of environmental review for this project.
The following scope of work assumes that Mundie & Associates will prepare an expanded Initial
Study and Negative Declaration (or Mitigated Negative Declaration) for the Project. These documents
will conform to the requirements of the California Environmental Quality Act (CEQA) and the CEQA
Guidelines.
General Approach
We anticipate that the document will follow 'an expanded Initial Study format based on the environ-
mental checklist form contained in Appendix G of the CEQA Guidelines. As specified by the check-
list form, environmental factors to be evaluated will include:
· Aesthetics · Land use/planning
· Agricultural resources ' Mineral resources
· Air quality · Noise
· Biological resources ' Population/housing
· Cultural resources · Public services
· Geology/soils · Recreation
· Hazards and hazardous materials · Transportation/traffic
· Hydrology/water quality · Utilities/service systems
For each environmental topic area, potential project impacts will be identified. Mitigation measures
already incorporated into the project will be described. Additional mitigation measures will be drafted
relating to construction period impacts that are not specifically encompassed by project features and
operating characteristics.
This approach will strive toward the objective of incorporating full mitigation into the project so as to
assure that a Negative Declaration will be the appropriate form of CEQA coverage.
The Initial Study can be adapted by the City into a template that can subsequently serve as the basis of
a Mitigation Reporting Plan.
Mary Jo Walker
City of Saratoga
February 9, 2001
Page 3 of 7
Approach to Key Issues
Based on the City's Request for Qualifications, our telephone conversations with City staff, and our
review of available background information, we anticipate that the environmental factors requiring the
most attention will be transportation/traffic (including access and parking), cultural resources (the
orchard is of local and possibly Countywide historic significance), visual resources, and temporary'
disruptive effects during project construction.
Transportation
Mundie & Associates will be assisted in consideration of traffic, access, and parking issues by Fehr &
Peers Associates (F&P). Our two firms have previously teamed on numerous CEQA documents, and
have an excellent working relationship. F&P has prepared a draft scope of work for traffic analysis
that is appended to this SOQ (Attachment A). The F&P office is familiar with the context because of
its work on the City of Saratoga's Circulation Element, as well as the estimation of parking demand
for the library project as a technical consultant to BSA Architects.
Cultural Resources
The expanded Initial Study will describe the historic significance of the site and the site's listing in the
City's inventory of historic resources.
Few operating omhards remain in urbanized Santa Clara County, and this orchard is of great local
importance: at the City's center geographically, it is an important open space resource as well as a
symbol of the City's and County's agricultural heritage. The orchard is listed in the City's Heritage
Inventory. Although the State Office of Historic Preservation recently rejected a City application for
designation of the site as a State Point of Interest, the Saratoga Historical Heritage Commission plans
to resubmit the application.
Potential project impacts on the historic orchard will be evaluated, and mitigation me~isures
incorporated into the project will be described.
Visual Resources
The visual resources affected by the project are those of the site itself: the orchard open space and the
existing library building, designed to reflect the agricultural character of its setting. The visual
analysis will address both this context and the manner in which the project would affect it.
Construction Period Impacts
During the construction period, . the library will be temporarily relocated, meaning disruption to the
community's usage pattern and temporary changes in such environmental conditions as traffic, air
quality, and noise (temporary dust and noise generated by construction activities). These potential
effects will be identified. The analysis may draw on standard mitigation measures that many
communities have developed to address temporary construction-related impacts. Thcs6 measures
include signage and temporary parking and access provisions to address disruption to the library-using
Mary Jo Walker
City of Saratoga
February 9, 2001
Page 4 of 7
public, dust avoidance and suppression measures, and noise reduction measures that include
limitations on construction hours and sound baffling of construction sites and equipment.
Based on the Initial Study Mundie & Associates conducted for a 60,000-square-foot public library in
Mountain View, it appears likely that these construction period impacts will be susceptible to mitiga-
tion as part of a Mitigated Negative Declaration.
Schedule
We are prepared to begin work within one week of authorization to proceed from the City of Saratoga.
We propose the following schedule for completing the project:
Task
Administrative draft document submitted to
City
Completion
Within two weeks of authorization to proceed
2. Comments on administrative draft received i Within one week of submittal of administrative
from City staff i draft document
3. Public review draft document submitted to I Within One week of receipt of City staff
City/Notice of Intent issued by City ~ comments on administrative draft
~"-i~'~-~'-~--~c.~-~~-~-~-~i~-~ ........ ! 20 to 30 days after issuance of Notice of Intent*
Intent ~ ........~ .................................................................
5. Public hearings/adoption of Negative ! (to be detex ndned)
Declaration
* The CEQA Guidelines (section 15072(d) and 15105(b)) require that the public review period for
a proposed negative declaration or mitigated negative declaration be not less than 20 days.
When a proposed negative declaration or mitigated negative declaration is submitted to the State
Clearinghouse for review by state agencies, the public review period must be not less than 30
days, unless a shorter period, not less than 20 days, is approved by the State Clearinghouse
(CEQA Guidelines Section 15105(b).)
The above schedule is very .tight, With minimal time allocated for document preparation, review, and
revision before the public review draft is issued.
From the Request for Qualifications and our telephone conversations with City staff, we understand
that the City intends to select a consultant by the end of February and is hoping to complete the
environmental review process, through adoption of the Negative Declaration, by April 1. As the
above schedule suggests, we believe it would be possible (although ambitious) to submit the public
-review draft Expanded Initial Study/Negative Declaration within one month from authorization to
proceed.
ComPleting the entire process within that period would be very difficult, however~ given that the
CEQA Guidelines (sections 15073 and 15105(b)) require a minimum of 20 days for public review of a
Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaratiom Working
backward from April 1, the 20-day review period would allow only about 10 days for Tasks 1, 2, and 3
Mary Jo Walker
City of Saratoga
February 9, 2001
Page 5 of 7
above. In light of these constraints, we hope City staff Will agree that the schedule described above is
realistic, and be willing to work closely with us to help assure that it will be met.
A major assumption underlying the schedule is that we will collectively conclude that any' 'impacts
identified in the course of the work will prove to be capable of being mitigated within the format of a
mitigated Negative Declaration. If this is not the case, then clearly the approach to CEQA review will
have to be modified and the schedule revised.
STUDY INPUTS AND WORK PRODUCTS
Resources
In evaluating the above environmental factors, we will rely as much as possible on any previously-
prepared environmental documents or other background reports available from the City. We would
also draw on consulting resources available to the project. We would ask City staff to confirm that
consultants to the library project will provide assistance and support to the CEQA review, including
site plans and elevations, landscape plans and arborist report, and noise evaluation.
By referencing the City's previous work to the maximum degree possible, and by drawing on expertise
available to the project, we intend to expedite the environmental review and avoid duplication of
effort.
Work Products
The scope of work includes preparation of the following documents:
· Administrative Draft Expanded Initial Study/Negative Declaration (five copies),
· Public Review Draft Expanded Initial Study/Negative Declaration (25 copies), and
Revisions to the Public Review Draft Expanded Initial Study/Negative Declaration, as necessary.
The revisions might be presented in a memo or take the form of a revised Initial Study/Negative
Declaration document, as appropriate.
For purposes of this scope of work, we have assumed that City staff will be responsible for preparing
other necessary documents (e.g., Notice of Intent to Adopt a Negative Declaration) and for all public
noticing, meeting organization and administration, and staff reports.
Meetinus and Public Hearings
The scope of work includes attendance by representatives of Mundie & Associates and Fehr & Peers
Associates at one (1) meeting with City staff and up to two (2) public heatings on the project.
Consultant team members will be available to attend additional meetings or hearings on a time-and-
materials basis.
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION. City shall pay Contractor an amount not to exceed the
~otal sum of twenty-five thousand dollars ($25,000) for work to be performed and reimbursable
costs incurred pursuant to this Agreement. The total sum stated above shall be the total which
City shall pay for the work product to be provided by Contractor pursuant to this Agreement.
2. INVOICES. Contractor shall submit invoices, nOt more 'often than once a month during
l:he term of this Agreement, based on the cost for work performed and reimbursable expenses
iincurred 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,
tbr satisfactory progress in completion of the Scope of Work, and for authorized reimbursable
expenses incurred.
4. REIMBURSABLE EXPENSES. There shall be no right to reimbursement of expenses
incurred by Contractor except as specified in the Attachment to this Exhibit B.
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:~Alex~Library Expansion\Contracts\Contract-Environ.doc
Page 6 of 18
Consttltants in Land Use and Economics
ATTACHMENT.
3452 Sacramento Street
San Francisco, CA 94116.1914
Phone 415-44'1-9640
Fax 415-441-9683
www. mundie.com
MUNDIE & ASSOCIATES FEE SCHEDULE - 2001
Professional Services
Hourly billing rates for professional services:
Principal
Senior Associate
Associate
Research Assistant
$140.00
$135.00
$95.00- 115.00
$70.00- 100.00
Billing rates are subject to revision at the beginning of each calendar Year.
Minor rate adjustments may also occur during the calendar year in response to general economic
conditions.
Rates for litigation-related services involving depositions and courtroom appearances are
1.5 times normal rates, subject to a minimum charge of one-half day.
Expenses
The following expense rates apply in 2001:
· travel in staff-owned Vehicles, 32.5¢ per mile (or as otherwise established by the IRS)
· in-house photocopying, 25¢ per page
· fax receipts and transmittals, 25¢ per page (plus itemized phone charges, if any).
· telephone charges, itemized cost per call multiplied by 1.5 for all itemized calls'
Other expenses (such as for travel and incidental subsistence, publications,, deliveries, and
printing) are invoiced at cost.
C front~admin~billrateYatesO I A.doc
Roberta Mundie, President Suzanne Lampert,
Vice President
roberta.mundie@mundie.com suzanne.lampert@mundie.com
EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
C. ity be obligated to furnish any facility which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities. Contractor shall not use such
services, premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM.
O:~AlexkLibrary Expansion\Contracts\Contract-Environ.doc
Page 7 of. 18
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/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.
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:L41ex\Library £xpansion\Contracts\ContractoEnviron.doc
Page 8 of 18
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.
ao
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.
bo
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.
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.
Subsequent Conflict of Interest. Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the Contractor
will make a full disclosUre in writing to the City. This disclosure shall include a
description of actions which the Contractor has taken or proposes to take, after
consultation with the City to avoid, mitigate, or neutralize the actual or potential
conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid,
mitigate, or neutralize the conflict of interest to the satisfaction of the City.
Co
Interests of City Officers and Staff. No officer, member or employee of City and
no member of the City Council shall have any pecuniary interest, direct or indirect, in
this Agreement or the proceeds thereof. Neither Contractor nor any member of any
Contractor's family shall serve on any City board or committee or hold any such
position which either by rule, practice or action nominates, recommends, or
supervises Contractor's operations or authorizes funding to ContractOr.
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
OSAlex~Library Expansion\Contracts\Contract-Environ.doc
Page 9 of 18
COMPLIANCE WITH LAWS.
ao
In General. Contractor shall observe and comply with all laws, policies, general
rules and regUlations established by City and shall comply with the common law and
all laws, ordinances, codes' and regulations of governmental agencies, (including
federal, state, municipal and local governing bodies) applicable to the performance of
the Scope of Work hereunder, including, but not limited to, all provisions of the
Occupational Safety and Health Act of 1979 as amended.
Licenses and Permits. Contractor represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally
required for Contractor to practice its profession. Contractor represents and warrants
to City that Contractor shall, at its sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals which are
legally required for Contractor to practice its profession. In addition to the foregoing,
Contractor shall obtain and maintain during the term hereof a valid City of Saratoga
Business License.
Co
do
eo
Funding Agency Requirements. To the extent that this Agreement may be funded
by fiscal assistance from another entity, Contractor shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance
program.
Drug-free Workplace. Contractor and Contractor's employees and subcontractors
shall comply with the City's policy of maintaining a drug-free 'workplace. Neither
Contractor nor Contractor's employees and subcontractors shall unlawfully.
manufacture, distribute, dispense, possess or use controlled substances, as defined in
21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines,
at any facility, premises or worksite used in any manner in connection with
performing services pursuant to this Agreement. If Contractor or any employee or
subcontractor, of Contractor is convicted or pleads nolo contendere to a criminal drug
statute violation occurring at such a facility, premises, or worksite, the Contractor,
within five days thereafter, shall notify the City.
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.
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:L41ex~Library Expansion\Contracts\Contract-Environ.doc
Page 10 of 18
10.
DOCUMENTS AND RECORDS.
ao
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. Nothing in this paragraph shall preclude the Contractor from making
available to the public any documents or materials that are public records within the
meaning of the Public Records Act (Cal. Gov't Code section 6250 et seq.). '
bo
Retention of Records. For 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 by City, this Agreement, and such books,
documents and records of Contractor (and any books, documents, and records of any
subcontractor(s)) that are necessary or convenient for audit purposes to certify the
nature and extent of the reasonable cost of services to City.
Co
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.
do
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 reporffdesign 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.
11. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential
information received from City, and identified 'as being confidential, 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
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
OSAlex~ibrary Expansion\Contracts\Contract-Environ.doc
Page 11 of 18
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 performed pursuant to this Agreement, 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 performed pursuant to this Agreement, or 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 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.
Indemnity. To the fullest extent permitted by law, Contractor shall defend,
indemnify and hold harmless City, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind whatsoever without
restriction or limitation, incurred in relation to, as a consequence of or arising out of
or in any way attributable actually, allegedly or impliedly, in whole or in part, to the
Performance of this Agreement. All obligations under this provision are to be paid by
Contractor as they are incurred by the City.
bo
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 sole fault of City,
provided such sole fault is determined by agreement between the parties or the
findings of a court of competent jurisdiction. This exception will apply only where
the City is shown to have been solely at fault and not in instances where Contractor is
solely or partially at fault or in instances where City's fault accounts for only a
percentage of the liability involved. In those instances, the obligation of Contractor
will be all-inclusive and City will be indemnified for all liability incurred, even
though a percentage of the liability is attribUtable to conduct of City.
Co
Acknowledgement. Contractor acknowledges that its obligation pursuant to this
section extends to liability attributable to City, if that liability is less than the sole
fault of City. Contractor has no obligation under this agreement for liability proven in
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:~Mex~Library Expansion\Contracts\Contract-Environ.doc
Page 12 of 18
a court of competent jurisdiction or by written agreement between the parties to be the
sole fault of City.
do
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.
eo
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.
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. For purposes of Section 2782 of the Civil Code the
parties hereto recognize and agree that this Agreement is not a construction contract.
By execution of this Agreement, Contractor acknowledges and agrees that it has read
and understands the provisions hereof and that this paragraph is a material element of
consideration. City approval of the insurance contracts required by this Agreement
does not relieve the Contractor or subcontractors from liability under this paragraph.
14. INSURANCE 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:
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
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
Standard Independent Contractor Agreement
Lt[st printed 2/16/01 2:57 PM
O:~Alex~Library Expansion\Contracts\Contract-Environ.doc
Page 13 of 18
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 t° cure,
Contractor shall not be in default if Contractor promPtly commences the cure and
diligently proceeds to completion of the cure.
Remedies upon default. Upon any Contractor default, City shall have the right to
immediately suspend or terminate the Agreement, seek specific performance, contract
with another party to perform this Agreement and/or seek damages including
incidental, consequential and/or special damages to the full extent allowed by law.
No Waiver. Failure by City to seek any remedy for any default hereunder shall not
constitute a waiver of any other rights hereunder or any right to seek any remedy for
any subsequent default.
16. TERMINATION. Either party may terminate this Agreement with or without cause by
providing 10 days notice in writing to the other party. The City may terminate this Agreement at
any time without prior notice in the event that Contractor commits a material breach of the terms
of this Agreement. Upon termination, this Agreement shall become of no further force or effect
whatsoever and each of the parties hereto shall be relieved and discharged herefrom, subject to
payment for acceptable services rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records,
City's rights to material produced, confidential information, contractor's responsibility,
indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall
survive termination of this Agreement.
17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this .Agreement. If the parties fail to resolve such disputes or
claims, they shall submit them to nonbinding mediation in California at shared expense of the
~parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute
resolution processes are involved, each party shall bear its own costs and attorneys fees.
18. LITIGATION. If any litigation is commenced between parties to this Agreement
concerning any provision hereof or the rights and duties of any person in relation thereto, each
party shal.1 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
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:LAlex~Library Expansi~n\C~ntracts\C~ntract-Envir~n.d~c
Page 14 of 18
representation, implication, or understanding that the City will request that work product
]provided by Contractor under this Agreement be supplemented or continued by Contractor
lander a new agreement following expiration or termination of this Agreement. Contractor waives
all fights or claims to notice or hearing respecting any failure by City to continue to request or
retain all or any portion of the work product from Contractor following the expiration or
termination of this Agreement.
21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties
executing this Agreement and not for the benefit of any other individual, entity or person.
22. WAIVER. Neither the acceptance of work or payment for work pursuant to .this
Agreement shall constitute a waiver of any fights or obligations arising under this Agreement.
The failure by the City to enforce any of Contractor's obligations or to exercise City's fights shall
in no event be deemed a waiver of the fight to do so thereafter.
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:~lexXLibrary Expansion\Contracts\Contract-Environ.doc
Page 15 of 18
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 I~nsurance complete with copies of all required
endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, CA 95070.
Contractor shall furnish City with copies of original endorsements affecting coverage required bY
this Exhibit E. The endorsements are to be signed by a'person authorized by that insurer to bind
coverage on its behalf. All endorsements and certificates are to be received and approved by
City before work commences. City has the right to require Contractor's insurer to provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
X Commercial General/Business Liability Insurance with coverage as indicated:
X
$1,000,000 per occurrence/S2,000,000 aggregate limits for bodily injury and
property damage
$ per occurrence bodily injury/$ per occurrence
property damage
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance
If the standard ISO Form wording for "OTHER INSURANCE", or other
comparable wording, is not contained in Contractor's liability insurance policy, an
endorsement must be provided that said insurance will be primary insurance and
any insurance or self-insurance maintained by City, its officers, employees, agents
or volunteers shall be in excess of Contractor's insurance and shall not contribute
to it.
X
Auto Liability Insurance with coverage as indicated:
X
$1,000,000 combined single limit fOr bodily injury and property damage
$ per person/$ per accident for bodily injury
$ per occurrence for property damage
$ 500,000 combined single limit for bodily injury and property damage
Garage keepers extra liability endorsement to extend coverage to all vehicles in
the care, custody and control of the contractor, regardless of where the vehicles
are kept or driven.
Standard Independent ContraCtor Agreement
Last printed 2/16/01 2:57 PM
O:~Alex~Library Expansion\Contracts\Contract. Environ.doc
Page 16.of 18
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 through
February 2002. If Contractor renews coverage of this insurance, the City will be covered
by this policy.
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:
:Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
Og~a, lex~Library Expansion\Contracts\Contract-Environ.doc
Page 17. of 18
ao
bo
Co
Deductibles and Self-Insured .Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At thc option of thc 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) thc
Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
City as Additional Insured. The City, its officers, officials, employees, and
volunteers are to be covered as insurcds 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 thc Contractor, or automobiles
owned, leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
Other Insurance Provisions. Thc policies arc to contain, or be endorsed to contain,
the following provisions:
do
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.
Acceptability of Insurers. Insurance is to be placed with insurers with a Bests'
rating of no less than A:VII
Standard Independent Contractor Agreement
Last printed 2/16/01 2:57 PM
O:Vilex~Library Expansion\Contracts\Contract-Environ.doc
Page 18 of 18
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: February 21, 2001
ORIGINATING DEPT: City Clerk
AGENDA ITEM '~ ~a.,...
CITY.MANAGER:.~{~ ~
PREPARED BY: City Attorney
SUBJECT: Resolution Adopting a Revised Conflict of Interest Code.
RECOMMENDED ACTIONS:
Adopt the resolution approving an amended Conflict of Interest Code for the City of
Saratoga.
STAFF REPORT
The Political Reform Act requires each City and other local agencies to adopt a
conflict of interest code and to periodically review' and update that code. The attached
resolution would update the City's code to conform to the current requirements of the Fair
Political Practices Commission ("FPPC") and to reflect recent changes in the City's
internal organization.
The City's existing conflict of interest code was adopted in 1976 and has been the
subject of a number of ad hoc amendments over the years. The attached resolution would
repeal the City's code in its entirety and replace it with a code that simply incorporates by
reference the model conflict of interest code that has been adopted by the FPPC. The
resolution provides that the City's conflict of interest code consists of the FPPC model
code as it now exists and as it may be amended in the future. In this way the City can
ensure that its code is always in compliance with state law. The FPPC is required to
engage in a substantial notice and comment process before amending the regulations that
contain the model code so there will be ample opportunity to object to any future
amendments that the City believes are not in conformance with the law or otherwise not
in the public interest.
The model code differs from the City's existing code in that it reflects recent
regulatory changes by the FPPC increasing from $300 to $320 the threshold for the total
value of gifts that may be received from a single source (see section 8.1 of Exhibit A to
tlhe resolution). In addition, the model code makes o, ptional the former requirement that a
public official who is disqualified from making or participating in a decision state the
basis for that disqualification on the record.
The attached resolution would also update the,' list of city employees and
consultants required to file Statements of Economic Interests. These "Designated
l:'ositions" are those City officials who make or parti'cipate significantly in the making of
governmental decisions. This list has been updated to reflect the addition of the new
position of Assistant City Manager and the earlier administrative change replacing the
city's Finance Director with an Administrative Services Director.
FISCAL IMPACTS: None.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The City's conflict of interest code would not be updated to reflect current legal
requirements and the current organizational structure of the City staff.
FOLLOW UP ACTIONS: None.
ATTACHMENTS:
Proposed Resolution
2
City of Saratoga Conflict of Interest Code (Resolution __)
EXHIBIT A
(Regulations of the Fair Political Practices Commission, Title 2, Division 6 of the California
Code of Regulations.)
18730. Provisions of Conflict of Interest Codes
(a) Incorporation by reference of the terms of this regulation along with the designation of
employees and the formulation of disclosure categories in the Appendix referred to below
constitute the adoption and promulgation of a conflict of interest code'within the meaning of
Government Code Section 87300 or the amendment of a conflict of interest code within the
meaning of Government Code Section 87306 if the terms of this regulation are substituted for
terms of a conflict of interest code already in effect. A code so amended or adopted and
promulgated requires the reporting of reportable items in a manner substantially equivalent to the
requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections
81000, et seq. The requirements of a conflict of interest code are in addition to other
requirements of the Political Reform Act, such as the general prohibition against conflicts of
interest contained in Government Code Section 87100, and to other state or local laws pertaining
to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated PUrsuant to this
regulation are as follows:
Section 1. Definitions. The definitions contained in the Political Reform Act of 1974,
regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et
seq.), and any amendments to the Act or regulations, are incorporated by reference into this
conflict of interest code.
Section 2. Designated Employees. The persons holding positions listed in the Appendix are
designated employees. It has been determined that these persons make or participate in the
making of decisions which may foreseeably have a material effect on financial interests.
Section 3. Disclosure Categories. This code does not establish any disclosure obligation for
those designated employees who are also specified in Government Code Section 87200 if they
are designated in this code in that same capacity or if the geographical jurisdiction of this agency
is the same as or is wholly included within the jurisdiction in which those persons must report
their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act,
Government Code Sections 87200, et seq.
In addition, this 'code does not establish any disclosure obligation' for any designated employees
who are designated in a conflict of interest code for another agency, if all of the following apply:
Page 1 of 10
Conflict of Interest Code Exhibit A
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the
jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under
,M'ticle 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and
(C) The filing officer is the same for both agencies.(1)
Such persons are covered by this code for disqualificati6n purposes only. With respect to all
other designated employees, the disclosure categories set forth in the Appendix specify which
kinds of financial interests are reportable. Such a designated employee shall disclose in his or her
statement of economic interests those financial interests he or she has which are of the kind'
described in the disclosure categories to which he or she is assigned in the Appendix. It has been
determined that the financial interests set forth in a designated employeeis disclosure categories
are the kinds of financial interests which he or she foresCeably can affect materially through the
conduct of his or her office.
Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall
instruct all designated employees within its code to file statements of economic interests with the
agency or with the code reviewing body, as provided by the code reviewing body in the agency's
conflict of interest code.(2)
Section 5. Statements of Economic Interests: Time of Filing.
(A) Initial Statements. All designated employees employed by the agency on the effective date of
this code, as originally adopted, promulgated and approved by the code reviewing body, shall
file statements within 30 days after the effective date of this code..Thereafter, each person
already in a position when it is designated by an amendment to this code shall file an initial
statement within 30 days after the effective date of the amendment.
03) Assuming Office Statements. All persons assuming designated positions after the effective
date of this code shall file statements within 30 days after assuming the designated positions, or
it' subject to State Senate confirmation, 30 days after being nominated or appointed.
' (C) Annual Statements. All designated employees shall file statements no later than April 1.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements
within 30 days after leaving office.
Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who
resigns within 12 months of initial appointment, or within 30 days of the date of notice provided
by the filing officer to file an assuming office statement, is not deemed to have assumed office or
left office, provided he or she did not make or participate in the making of, or use his or her
Conflict of Interest Code Exhibit A
Page 2 of 10
position to inflUence any decision and did not receive or become entitled to receive any form of
payment as a result of his or her appointment. Such persons shall not file either an assuming or
leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing
officer shall do both of the following:
(1) File a written resignation with the appointing power; and
(2) File a written statement with the filing officer declaring under penalty of perjury that during
the period between appointment and resignation he or she did not make, participate in the '
making, or use the position to influence any decision of the agency or receive, or become entitled
to receive, any form of payment by virtue of being appointed to the position.
Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements. Initial statements shall disclose any reportable investments,
interests in real property and business positions held on the effective date of the code and income
received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements. Assuming office statements shall disclose any
reportable investments, interests in real' property and business positions held on the date of
assuming office or, if subject to State Senate confirmation or appointment, on the date of
nomination, and income received during the 12 months prior to the date of assuming office or the
date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments,
interests in real property, income and business positions held or received during the previous
calendar year provided, however, that the period covered by an employee's first annual statement
shall begin on the effective date of the code or the date of assuming office whichever is later.
.(D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable
investments, interests in real property, income and business positions held or received during the
period between the closing date of the last statement filed and the date of leaving office.
Section 7. Manner of Reporting. Statements of economic interests shall be made on forms
prescribed by the Fair Political Practices Commission and supplied by the agency, and 'shall
contain the following information:
(A) Investments and Real Property Disclosure. When an investment or an interest in real
property(3) is required to be reported,(4) the statement shall contain the following:
1. A statement of the nature of the investment or interest;
Page 3 of 10
Conflict of Interest Code Exhibit A
The name of the business entity in which each investment is held, and 'a general description of
t'he business 'activity in which the business entity is engaged;
2,. The address or other precise location of the real property;
4. A statement whether the fair market value of the invegtment or interest in real property
exceeds one thousand dollars ($1,000), exceeds ten thou,sand dollars ($10,000), or exceeds one
hundred thousand dollars ($100,000).
(B) Personal Income Disclosure. When personal' income is required to be reported,(5) the
statement shall contain:
1. The name and address of each source of income aggregating two hundred fifty dollars ($250)
or more in value or fifty dollars ($50) or more in value if~ the income was a gift, and a general
description of the business activity, if any, of each sourc~e;
2. A statement whether the aggregate value of income frbm each source, or in the.case of a loan,
the highest amount owed to each. source, Was one thousahd dollars ($1,000) or less, greater than
one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000);
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and anY .intermediary
through which the gift was made; a description of the gift;, the amount or value of the gift; and
the date on which the gift was received;
5.. In the case of a loan, the annual interest rate and the security, if any, given for the 10an and the
term of the loan·
(C) Business Entity Income Disclosure. When income of a business entity, including income of a
sole proprietorship, is' required to be reported,(6) the statement shall contain:
1. The name, address, and a general description of the business activity of the busineSs entity;
2.. The name of every person from whom the business entity received payments if the flier's pro
rata share of gross receipts from such person was equal to or greater than ten thousand dollars
($10,000).
(D) Business Position Disclosure. When business positions are required to. be reported, a
designated employee shall list the name and address of each business entity in which he or she is
a director, officer, partner, trustee, emplOyee, or in which he or she holds any Position of
management, a description of the business activity in which the business entity is engaged, and
the designated employee's position with the business entity.
Conflict of Interest Code Exhibit A
Page 4 of 10
(E) Acquisition or Disposal During Reporting Period. In the' case Of an annual or leaving office
statement, if an investment or an interest in real property was partially or wholly acquired or
disposed of during the period covered by the statement, the statement shall contain the date of
acquisition or disposal.
Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local
govemment'agency, shall accept any honorarium from any source, if the member or employee
would be required to report the receipt of income or gifts frOm that source on his or her statement
of economic interests. This section shall not apply to any part-time member of the governing
board of any public institution of higher education, unless the member is also an elected official.
Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions
in this section.
This section shall not limit or prohibit payments, advances, or reimbursements for travel and
related lodging and subsistence authorized by Government Code Section 89506.
Section 8.1 Prohibition on Receipt of Gifts in Excess of $320.
(A) No member of a state board or commission, and no designated employee of a state or local
government agency, shall accept gifts with a total value of more than $320 in a calendar year
from any single source, if the member or employee would be required to report the receipt of
income or gifts from that source on his or her statement of economic interests. This section shall
not apply to any part-time member of the'governing board of any public institution of higher
education, unless' the member is also an elected official.
Subdivisions (e), (f), and (g) of Government Code Section 89503 shall apply to the prohibitions
in this section.
Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her
election to office through the date that he or she vacates office, receive a personal loan from any
officer, employee, member, or consultant of the state or local government agency in which the
elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions
(c), (d), (e), (f), and (g) of Section 4 of Article 'VII of the Constitution shall, while he or she holds
office, receive a personal loan from any officer, employee, member, or consultant of the state or
local government agency in which the public official holds office or over which the public
official's agency has direction, and control. This subdivision shall not apply to loans made to a
public official whose duties are solely secretarial, clerical, or manual.
Page 5 of 10
Conflict of Interest Code Exhibit A
('C) No elected officer of a state or local government ager~cy shall, from the date of his or her
election to office through the date that he or she vacates office, receive a personal loan from any
person who has a contract with the state or local government agency to which that elected officer
has been elected or over which that elected officer's agency has direction .and control. This
subdivision shall not apply to loans made by banks or other financial institutions or to any
indebtedness created as part of a retail installment or credit card transaction, if the loan is made
or the indebtedness created in the lender's regular course ~ofbusiness on terms available to
members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions
(c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds
office, receive a personal loan from any person who has ,h contr~tct with the state or local
government agency to which that elected officer has been elected or over which that elected
officer's agency has direction and control. This subdivision shall not apply to loans made by
banks or other financial institutions or to any indebtedness created as part of a retail installment
or credit card transaction, if the loan is made or the indebtedness created in the lender's regular
course of business on terms available to members of the public without regard to the elected
officer's official status. This subdivision shall not apply io loans made. to a public official whose
duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, u~ncle, or first cousin, or
the spouse of any such persons, provided that the person making the loan is not acting as an
agent or intermediary for any person not otherwise exempted under thi's section.
3. Loans from a person which, in the aggregate, do not exceed two hundred fifty dollars ($250) at
any given time.
4. Loans made, or offered in writing, before January 1, 1998.
Section 8.3. Loan Terms. .
(A) Except as set forth in subdivision (B), no elected officer of a state or local government
agency shall, from-the date of his or her election to office through the date he or she vacates
office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in
writing and clearly states the terms of the loan, including the parties to the loan agreement, date
of the loan, amount of the loan, term of the loan, date or dates when payments shall be. due on the
loan and the amount of the payments, and the rate of interest paid on the loan.
(][3) This section shall not apply to the following types of loans:
Page 6 of 10
Conflict of Interest Code Exhibit A
1. Loans made to the campaig~ committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, ~andparent, ~andchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first
cousin, or the spouse of any such person, provided that the person making the loan is not acting
as an agent or intermediaD.: for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before Jar~uaD' 1, 1998.
(C) Nothing in this section shall exempt any person from any other provision of Title 9 of the
Government Code.
Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee
shall become a girl to the designated employee for the purposes of this section in the following
circumstances:
1. If the loan has a defined date or dates for repa3q'nent, when the statute of limitations for filing
an action for default has expired.
2. If the loan has no defined date or dates for repa3q-nent, when one year has elapsed from the
later of the following:
a. The date the loan was made.
b. The date the last payment of one hundred dollars ($100) or more was made on the loan.
c. The date upon which the debtor has made payments on the loan aggregating to less than two
hundred fifty dollars (5250) during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the
creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the
creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this
Page 7 of 10
Conflict of Interest Code Exhibit A
para~aph has the burden of proving that the decision for not taking collection action was based
on reasonable business considerations.
5;. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in
bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the
Government Code.
Section 9. Disqualification. No designated employee shall make, participate in making, or in
any way attempt to use his or her official position to influence the making of any governmental
decision which he or she knows or has reason to know will have a reasonably foreseeable
material financial effect, distinguishable from its effect on the public generally, on the official or
a member of his or her immediate family or on:
(A) 'Any business entity in which the designated employee has a direct or indirect investment
worth one thousand dollars ($1,000) or more;
(13) Any real property in which the designated employee has a direct or indirect interest worth
one thousand dollars ($1,000) or more;
(C) ,,Mny source of income, other than gifts and other than loans by a commercial lending
institution in the regular course of business on terms available to the public without regard to
official status, aggregating two hundred fifty dollars (5250) or more in value provided to,
received by or promised to the desig-nated employee within 12 months prior to the time when the
decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee,
employee, or holds any position of management; or
(It) Any donor of.. or any intermediary' or agent for a donor of, a gift or gifts aggregating S320 or
more provided to; received by, or promised to the designated employee within 12 months prior to
tl:.e time when the decision is made.
Section 9.3. Legally Required Participation. No designated employee shall be prevented from
making or participating in the making of any decision to the extent his or her participation is
legally required for the decision to be made. The fact that the vote of a designated employee who
is on a voting body is needed to break a tie does not make his or her participation legally
required for purposes of this section.
Section 9.5. Disqualification of State Officers and Employees. In addition to the general
disqualification provisions of Section 9, no state administrative official shall make, participate in
making, or use his or her official position to influence any governmental decision directly
relating to any contract where the state administrative official knows or has reason to know that
Page 8 of 10
Conflict of Interest Code Exhibit A
any party to the contract is a person with whom the state administrative official, or any member
of his or her immediate family has, within 12 months prior to the time when the official action is
to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the
public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the
public regarding the rendering of goods or services totaling in value one thousand dollars
(S 1,000) or more.
Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that
he or she should not make a governmental decision because he or she has a disqualifying interest
in it, the determination not to act may be accompanied by disclosure of the disquali~,ing interest.
Section 11. Assistance of the Commission and Counsel. Any designated employee who is
unsure of his or her duties under this code may request assistance from the Fair Political
Practices Commission pursuant to Government Code Section 83114 or from the attorney for his
or her agency, provided that nothing in this section requires the attorney for the-agency to issue
any formal or informal opinion.
Section 12. Violations. This code has the force and effect of law. Designated employees
violating any provision of this code are subject to the administrative, criminal and civil sanctions
provided in the Political Reform Act, Government Code Sections 81000 - 91015. In addition, a
decision in relation to which a violation of the disqualification provisions of this code or of
Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to
Government Code Section 91003.
Interpretative Notes for 2 Cal. Code Rees. 18730
Note: Authority: Section 83112, Government Code.
Reference: Sections 87103(e), 87300-87302, 89501, 89502, and 89503,' Government Code.
Footnotes to 2 Cal Code Rees. 18730
1. Designated employees who are required to file statements of economic interests under any
other agency's conflict of interest code, or under :~"ticle 2 for a different jurisdiction, may
expand their statement of economic interests to cover reportable interests in both jurisdictions,
and file copies of this expanded statement with both entities in lieu of filing separate and distinct
statements, provided that each copy of such expanded statement filed in place of an original is
signed and verified by the designated employee as if it were an original. See Government Code
Section 81004.
Page 9 of 10
Conflict of Interest Code Exhibit A
2. See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of
filing officers and persons in agencies who make and retain copies of statements and forward the
originals to the filing officer.
2;. For the purpose of disclosure only (not disqualification), an interest in real property does not
include the principal residence of the filer.
z.. Investments and interests in real property which have a fair market value of less than $1,000
~.re not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the
individual's spouse and dependent children as well as a pro rata share of any investment or
interest in real property of any business entity or trust in which the individual, spouse and
dependent children own, in the ag~egate, a direct, indirect or beneficial interest of 10 percent or
greater.
5. A designated employee's income includes his or her community property interest in the
income of his or her spouse but does not include salaD: or reimbursement for expenses received
fi'om a state, local or federal government agency.
6. Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer
and the filer's spouse in the business entity ag~egates a 10 percent or greater interest. In
addition, the disclosure of persons who are clients or customers of a business entity is required
only if the clients or customers are within one of the disclosure categories of the filer.
Page 10 of 10
Conflict of Interest Code Exhibit A
City of Saratoga Conflict of Interest Code (Resolution
EXHIBIT B
DESIGNATED POSITIONS
City Manaeer's Office
Assistant City Manager
DISCLOSURE CATEGORY
A through F
Public Works Department
Public Works Director
Community Development Department
Community Development Director
A through F
A through F
Recreation Department
Recreation Director
Administrative Selwices Department
Administrative Services Director
A through F
A through F
Consultants
Citv Arborist
City Geotechnical Consultant
A through F (only those
investments, real estate interests, business
positions and sources of income which are
subject to the regulator).-.', permit or licensing
authority o£the City of Saratoga, or'are
within a two-mile radius of the borders of
the jurisdiction of the City of Saratoga)
A through F (only those
investments, business positions, and sources
of income of the type which engage in land
Page 1 of 2
Conflict of Interest Code Exhibit B
development, construction or the acquisition
or sale of real property; interests in real
property in the jurisdiction, including within
a two-mile radius of any property owned or
used by the City of Saratoga)
City Surveyor
__A_through F (only those
investments, business positions, and sources
of income of the type which engage in land
development, construction or the acquisition
or sale of real property; interests in real
property in the jurisdiction, including within
a two-mile radius of any property owned or
used by the City of Saratoga)
Other Consultants*
*Consultants shall disclose pursuant to the broadest disclosure categol3.: in the code subject to the
fi)llowing limitation: The City Manager may determine in writing that a particular consultant,
although a "desig-nated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section.
Such written determination shall include a description of the consultant=s duties and, based upon
that description, a statement of the extent of disclosure requirements. The City Manager=s
determination is a public record and shall by retained for public inspection in the same manner
and location as this Conflict of Interest Code.
CategolT A- 1:
Category A-2:
Category B:
C ategoD~ C:
Category D:
Category E:
Category F:
KEY TO DISCLOSURE CATEGORIES
Investments less than 10% ownership
Investments greater than 10% ownership
Real Property
Income and Business Positions
Income - Loans
Income - Gifts
Travel Payments
Conflict of Interest Code Exhibit B
Page 2 of 2
SARATOGA CITY COUNCIL
MEETING DATE: February 7, 2001
ORIGINATING~ ~' ~--,. ":~/~~'PT: C, i...~y.~-lan ager
~,-a-r7~. ~. x x~:\'~ ,, .- . -.
/
DEPT HEAD: ~/'~, ./~.'
/
SUBJECT: Consent Calendar Policy
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
STAFF REPORI:
At the Januaw 17 City Council Meeting staffwas directed to develop a policy regarding public
comments on items on the "Consent Calendar."
Back~round
The Brown Act requires that the agenda for each regular meeting provide an opportunity for
members of the public to directly address the legislative body on any item under the subject
matter jurisdiction of the body. ({}54954.3 (a).) This includes matters that are not on the agenda
as well as matters that are on the agenda. Comments on matters that are on the agenda must be
accepted either before or during the Council's discussion of the matter. Comments on matters
that are not on the agenda may not be discussed by Council except in limited ways. (The only
exception to the rule requiring an opportunity for public comment is that the City Council as a
whole does not need to accept testimony on an item that has already been considered by a
committee made up exclusively of members of the City Council at a public meeting, if all
interested members of the public had the opportunity to speak on the item before or during its
consideration at that meeting, and if the item has not been substantially changed. §54954.3(a).)
The Citv has complied with this rule in the past by accepting public comment on each item on
the agenda as it is discussed by the Council and by allotting a period of time for public comment
on matters not on the agenda. The manner in which public comment is accepted on consent
calendar items has been at the discretion of the Mayor.
Options
Through various resources, staff has learned that the policy for the "Consent Calendar" varies
from city to city. The following are a few examples of how this issue can be addressed:
o
Allow members of the public to remove items from the consent calendar for purposes of
discussion. This policy could be implemented by directing staff to include language on
the agenda below the "Consent Calendar" heading stating one the following:
a) There will be no separate discussion of Consent Calendar items as they are
considered routine by the City Council and will be adopted by one motion. If a
member of the City Council, staff, or public requests discussion on a particular
item, that item will be removed from the Consent Calendar and considered
separately.
b) Consent Calendar items are typically non-controversial in nature and are
considered for approval by the City Council with one single action. Members of
the audience, Staff or the City Council who would like an item removed from the
Consent Calendar for purposes of public input may request the Mayor to remove
the item.
c) All items including Ordinances, Resolutions and Contracts, may be approved by
adoption of the Consent Calendar, individually and collectively by one motion.
There will be no separate discussion of these items unless Members of the City
Council, the public, or staff request that specific items be removed from the
Consent Calendar for separate discussion and action.
Allow members of the public to comment on consent calendar items during the "Oral
Communications" portion of the meeting. The City currently allows comments only on
matters not on the agenda during this portion of the meeting. Some cities have adopted
the following policy with respect to the "Oral Communications."
Any member of the public will be allowed to address the City Council for up to
three (3) minutes on matters listed on the Consent Calendar and issues not listed
on the Agenda. The law generally prohibits the council from discussing or taking
action on such items. However, the Council ma3: instruct staff accordingly
regarding Oral Communications under Council Direction to Staff.
Require that the public comment at the beginning of the meeting on all non-agenda
issues and all agenda items except public heating items. This approach has been
implemented by adopting the following "Oral Communications" policy.
Members of the public desiring to speak on any item of public interest, including
any item on the agenda except public heatings, must do so during Oral
Communications at the beginning of the meeting. Members of the public
wishing to address public heating items shall do so at the time of the public
heating.
FISCAL IMPACTS:
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Council would not have a policy that addresses the "Consent Calendar" and the manner in
which the public is allowed to comment on consent calendar items would be left to the discretion
o[' the Mayor.
ALTE1LNATIVE ACTION:
Council would not make any recommendations and no formal policy would be developed.
2 of 3
FOLLOW UP ACTION:
City Clerk to bring back Council's desires as policy for adoption by Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
3 of 3