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HomeMy WebLinkAbout10-17-2001 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL OCTOBER 17, 2001 OPEN SESSION -6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM - 13777 FRUITYALE AVENUE COMMISSION INTERVIEWS 6:00 p.m. David Robertson Finance Commission 6:10 p.m. Continue discussions regarding Saratoga Community Foundation appointments CALL MEETING TO ORDER- 6:35 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:35 P.M. CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (3 potential cases). REGULAR MEETING - 7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION PLEDGE OF ALLEGIANCE ROLL CALL KEEP ONE YEAR REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on October 12, 2001) 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. ANNOUNCEMENTS CEREMONIAL ITEMS lA. Commendations for Judy Alberts, Sheila Ioannou, and Barbara Olsen, Parks and Recreation Commission Recommended action: Present commendations. lB. Appointment and Oath of Office of Parks and Recreation Commission Members Angela Frazier, Logan Deimler, Gregory Gates Recommended action: Approve Resolution of Appointment. lC. Appointment and Oath of Office of Finance Commission Members Alex Tennant and Jim Hughes Recommended action: Approve Resolution of Appointment. 1D. Proclamation - Supporting Federal Funding for Cleanup of Mount Umunhum Recommended action: Read proclamation. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. Review of Check Register Recommended action: Approve check register. 2B. Review Planning Commission Action Minutes Regular Meeting - October 10, 2001 Recommended action: Note and file. 2C. Claim of Ling, Lavina; Claim No. GL-052984 Recommended action: Authorize settlement. 2D. Claim of Fitzsimmons, Ann and Kathleen; Claim No. G1-052777 Recommended action: Reject claim 2E. Dais Chairs in saratoga Civic Theatre Recommended action: AuthoriZe purchase and adopt resolution. PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting) o Capital Improvement Program and Environmental Impact Assessment Recommended action: Open public hearings for CIP and Environmental Impact Assessment; close public hearing; accept report; direct staff accordingly on CIP; adopt Environmental Impact Assessment. OLD BUSINESS Request for Reconsideration of the City Council Action Referring DR-01-007 & BSE-01-011 (397-17-034) - CHEN, 19751 Versailles Way back to the Planning Commission Recommended action: Consider redluest for reconsideration and adopt resolution. Authorize Expenditures for Utility Connections to Library Buildings Recommended action: Authorize City Manager to execute agreement with PG&E and pay engineering deposit to San Jose Water. Congress Springs Park Donation Update Recommended action: Accept report and direct staff accordingly. NEW BUSINESS o Ordinance Enabling City Manager and City Attorney to Process Claims filed Against the City Recommended action: Introduce and waive first reading of ordinance. o Legal Review of Personnel Rules and Policies Recommended action: Authorize City Manager to execute agreement with Liebert Cassidy Whitmore. Consider Requests to Join Friends of the Court Briefs in Lowenstein v. City of Lafayette Recommended action: Approve requests to join amicus briefs. 3 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 Authority PAC West Valley Sanitation District Silicon Valley. Animal Control JPA Representative Alternate Mehaffey Baker Waltonsmith Streit Streit Bogosian Baker Waltonsmith Baker Waltonsmith Mehaffey/Streit Baker Mehaffey Bogosian Streit Bogosian Waltonsmith Mehaffey Streit Streit Baker Mehaffey Baker Waltonsmith Bogosian Mehaffey Waltonsmith Waltonsmith Mehaffey Streit Baker Waltonsmith Mehaffey Baker Mehaffey Bogosian CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special · assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) 4 November 7, 2001 November 21,2001 December 5, 2001 December 11, 2001 December 19, 2001 SCHEDULED CITY COUNCIL MEETINGS Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California Adjourned Meeting - Council Reorganization Civic Center Master Plan Study Session Council Chambers 13777 Fruitvale Avenue Saratoga, California Regular Meeting/Council Chambers 13777 Fruitvale Avenue Saratoga, California 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. 7:00 p.m. SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: ORIGINATING D?~T~nager CITY MANAGER: PREPARED BY: 1 DEPT HEAD: SUBJECT: Commission Interviews for Finance Commission RECOMMENDED ACTION: That Council conduct interviews. REPORT SUMMARY: The following person has been scheduled for interviews: 6:00 p.m. David Robertosn Finance Commission There is one (1) vacancy to be filled on the Finance Commission. Finance Commissioner Ernest Brookfield resigned. October 1, 2003. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointment will not be made to the Finance Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Adopt resolutions and administer Oaths of Office at scheduled Council Meeting. The terms for this vacancy will expire on ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Application of the above named applicant. FROM : DAVID ROBERTSON PHONE NO. : 4888689652 Oct. 81 2881 89:14RM CITY OF SARATOGA _CO_~SSION APPLICATION, FORM DATE: September 28, 2001 COMMISSION APPLYING FOR: Finance MS. M~.S. David Robertson 408 868 9239 408 953 9195 HOME ,~oo~ss: 14350 Douglass Lane WOKK YEAR YOU BECAME A SARATOGA RESIDENT: 1996 WOULD YOU BE ABLE TO AT'rEND DAYTIME MEETINGS? yes WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? yes BRIEFI~, y DESCRIBE YOUR INVOLVEMRNT IN EACH OF THESE AREAS CURRENT OCCUPATION AND EMPLOYMENT HISTORY: CFO VP Finance Alacrity Networks, May 2001 to Present CFO VP Finance Com21 April 1995 to May 2001 1983 to 1995, various CFO positions with public and private companies EDUCATIONAL BACKGROUND: MBA University of Califomia, Berkeley BA University of Washington 4 FROM : DAUID ROBERTSON PHONE NO. : 40886896S2 Oct. 01 2001 09:14AM P4 ' ADDITIONAL INFORMATION OR COMMENTS: REFERENCES: ]. Peter Fenner, prior CEO Com21 650 321 8479 Kathy Mulligan neighbor 408 741 0463 Peter Osborne former audit partner Deliotte 510 897-5234 PRINT NAM'E: SIGNATURE: David Robdertson FROM DRUID ROBERTSON PHONE NO. : 4088689652 Oct. 01 2001 09:13AM P2 For David L. Robertson Special Skiil.~ I am an experienced Chief Financial Officer with over 20 years of experience working at both public and private companies. I have a CPA and worked in public accounting as both an auditor and a consultant primarily implementing organizational changes and process improvements. I have assisted senior managemem in setting goals, allocating resources, establishing measures ofperfommn~, formulating budgets and measuring and acting on outcomes. I have worked with investment bankers in public and private financings and in the structuring o fcapital instruments. My responmq~ilities have included the management of finance and accounting; information technology; hnman resources; customer support and manufacturing functions. Preliminary budget review I would understand: the targeted goals, the resources that are avaxqable, the priorities of the goals, underlying eos~ structures, the political realities, and desired outcomes. I would mesh all this together and compare it to the budget being proposed and make appropriate recommendations. I would also look for opportunities to reduce costs by streamlining and consolidating operations, getting rid of needless work, improving efficiencies and introducing productivity tools. Long termfinaneing I am in favor of using long term financing for the building of capital stock, and to even out revenue shortfalls and surpluses in times of abnormal business cycles. I am not in favor of incurring long-term debt without a realistic plan for repayment of debt principal I believe taxpayers that receive the benefit should incur the cost and not push it out to later generations for payment of the obligation in which, no benefit is received. Auditors It comes down to the service level of the audit partner and his/her commitment to the account. The assigned staff should bare prior relevant experience. There should be a commitment to provide for continuity of personnel assigned to the account. Obviously, other impo -rtant fiactors to be considered are costs and the reputation of thc audk firm SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: ORIGINATING/D~PT: City-Manager CITY MANAGER: DEPT HEAD: SUBJECT: Commendation for Judy Alberts, Sheila Ioannou, and Barbara Olsen RECOMMENDED ACTION: Present Commendations. REPORT SUMMARY: Attached are the commendations for Judy Alberts, Sheila Ioannou, and Barbara Olsen outgoing Parks and Recreation Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A - Copy of commendations. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING BARBARA OLSEN FOR HER SERVICE ON THE PARKS AND RECREATION COMMISSION WHEREAS, Barbara Olsen has served on the Parks and Recreation Commission since November 1996; and WHEREAS, Barbara served as Chair of the Parks and Recreation Commission from November 1998- November 1999; and WHEREAS, Barbara has participated in the planning, designing and implementation of the Congress Springs Park Improvement Project and the Azule Park Improvement Project; and WHEREAS, Barbara was instrumental in the E1 Quito, Wildwood, and Congress Springs Park Restroom Improvement Projects and the Gardiner and Kevin Moran Park Playground Improvement Projects; and WHEREAS, Barbara has been a dedicated and hard working Parks and Recreation Commissioner, her contributions are greatly appreciated by the City Council and the staff; and WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, .that Barbara Olsen is hereby commended and thanked for her hard work and dedication on the parks and Recreation Commission; and ~ WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of October 2001. John Mehaffey, Mayor -' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING JUDY ALBERTS FOR HER SERVICE ON THE PARKS AND RECREATION COMMISSION WHEREAS, Judy Alberts has served on the Parks and Recreation Commission since November 1998; and WHEREAS, Judy served as Chair of the Parks and Recreation Commission from November 1999-November 2000 and Site Coordinator for the 2000 Creek Cleanup; and WHEREAS, Judy has participated in the planning, designing and implementation of the Congress Springs Park Improvement Project and the Azule Park Improvement Project; and WHEREAS, Judy was instrumental in the E1 Quito, Wildwood, and Congress Springs Park Restroom Improvement Projects and the Gardiner and Kevin Moran Park Playground Improvement Projects; and WHEREAS, Judy has been a dedicated and hard working Parks and Recreation Commissioner, her contributions are greatly appreciated by the City Council and the staff; and WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Judy Albertsis hereby commended and thanked for her hard work and dedication on the parks and Recreation Commission; and WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of October 2001. John Mehaffey, Mayor City of Saratoga RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA COMMENDING SHEILA IOANNOU FOR HER SERVICE ON THE PARKS AND RECREATION COMMISSION WHEREAS, Sheila Ioannou has served on the Parks and Recreation Commission since November 1997; and WHEREAS, Sheila served as Sub-Committee Chair of the Trails Subcommittee Chair for the years 2000-2001; and WHEREAS, Sheila has participated 'in the planning, designing and implementation of the Congress Springs Park Improvement Project and the Azule Park Improvement Project; and WHEREAS, Sheila was instrumental in the E1 Quito, Wildwood, and Congress Springs Park Restroom Improvement Projects and the Gardiner and Kevin Moran Park Playground Improvement Projects; and WHEREAS, Sheila has been a dedicated and hard working Parks and Recreation Commissioner, her contributions are greatly appreciated by the City Council and the staff; and · WHEREAS, the City Council of the City of Saratoga is proud of the citizens who contribute time and talent to our community. NOW, THEREFORE, BE IT RESOLVED, that Sheila Ioannou is hereby commended and thanked for her hard work and dedication on the parks and Recreation Commission; and , WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of October 2001. John Mehaffey, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 ORIGINATING }~!;~P~__T.: Ci~nager AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Appointment of Parks and Recreation Commission Members and Oath of Office. RECOMMENDED ACTION: That Council approve the attached resolution appointing Angela Frazier, Logan Deimler, and Gregory Gates to the Parks and Recreation Commission. The terms for this commission will expire on 10/01/05. REPORT SUMMARY: Attached is the resolution appointing Angela Frazier, Logan Deimler, and Gregory Gates to the Parks and Recreation Commission. The Oath of Office will be administered and signed by the Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Parks and Recreation Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A- Resolution of Appointments Attachment B - Oath of Office -- I RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING THREE MEMBERS TO THE PARKS AND RECREATION COMMISSION WHEREAS, vacancies were created on the Parks and Recreation Commission resulting from expired terms of Judy Alberts, Sheila Ioannou, and Barbara Olsen; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made for one term expiring October 1, 2005 Angela Frazier Logan Deimler Gregory Gates The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 17th day of October 2001 by the following vote: AYE S: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Angela Frazier, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Angela Frazier, Member Parks and Recreation Commission Subscribed and sworn to before me on this 17th day of October 2001. Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA--'- COUNTY OF SANTA CLARA I, Logan Deimler, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I'wiil well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 17th day of October 2001. Logan Deimler, Member Parks and Recreation Commission Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Gregory Gates, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Gregory Gates, Member Parks and Recreation Commission Subscribed and sworn to before me on this 17th day of October 2001. Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: ORIGINATING ~PT: C,,~anager CITY MANAGER: DEPT HEAD: SUBJECT: Appointment of Finance Commission Members and Oath of Office. RECOMMENDED ACTION: That Council approve the attached resolution appointing Alex Tennant and Jim Hughes to the Finance Commission. The terms for this commission will expire on 10/01/05 except for the unexpired term of Ernest Brookfield which will expire on 10/01/03. REPORT SUMMARY: Attached is the resolution appointing Alex Tennant and Jim Hughes to the Finance Commission. The Oath of Office will be administered and signed by the Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments will not be made to the Finance Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City's Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the Council Agenda. ATTACHMENTS: Attachment A - Resolution of Appointments Attachment B - Oath of Office RESOLUTION NO. 01- A RESOLUTION OF THE CITY CouNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE FINANCE COMMISSION WHEREAS, vacancies were created on the Finance Commission resulting from expired terms of Richard Carlson, Ching-Li Cheng, Robert Gager, and Michael Gordon and the unexpired term of Ernest Brookfield; and WHEREAS, a notice of vacancies was posted, applications were received, interviews have been conducted, and it is now appropriate to fill the vacancies. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made for one term expiring October 1, 2005 and one term expiring October 1, 2003 Alex Tennant Jim Hughes The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 17th day of October 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: John Mehaffey, Mayor ATTEST: Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Alex Tennant, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 17th day of October 2001. Alex Tennant, Member Finance Commission Cathleen Boyer, CMC City Clerk STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Jim Hughes, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear tree faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Jim Hughes, Member Finance Commission Subscribed and sworn to before me on this 17th day of October 2001. Cathleen Boyer, CMC City Clerk SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: ORIGINATING D~ · ' Manager CITY MANAGER: DEPT HEAD: SUBJECT: Proclamation - Supporting Federal Funding for Cleanup of Mount Umunhum RECOMMENDED ACTION: Read proclamation. REPORT SUMMARY: In September 2001, Councilmember Bogosian was invited by the Midpeninsula Regional Open Space District attended a tour of the former Almaden Air Force Station atop of Mt Umunhum to learn about and appreciate its open space values and to identify cooperative opportunities to obtain cleanup to open mountaintop to the public for low-density recreational use. Prior to September, as part of the District's efforts to identify a funding source for the cleanup of toxins and other materials left behind by the U.S. Air Force, staff members provided a site tour for U.S. Senator Barbara Boxer's Field Representative Adrienne Bousian. Senator Boxer's office, which was instrumental in obtaining similar funding for the cleanup of Mr. Tamalpais, indicated an interest in assisting the District in determining if appropriate funding from the federal government might be available for cleanup of the Mt. Umunhum site. The District continues its conversations with Senator Boxer's office regarding the recommended nest steps for the cleanup. By approving this proclamation the City of Saratoga would be supporting the District's efforts to obtain federal funding for Clean up of all toxic materials at the former Almaden Air Force Station. 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 L. Craig Britton, General Manager/Mid Peninsula Regional Open Space District. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Proclamation 2 of 2 CITY OF SARATOGA PROCLAMATION SUPPORTING FEDERAL FUNDING FOR CLEANUP OF MOUNT UMUNHUM WHEREAS, the mission of the Midpeninsula Regional Open Space District is to acquire and preserve a regional greenbelt of open space land in perpetuity; and to protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education; and WHEREAS, in keeping with its mission, the Midpeninsula Regional Open. Space District purchased the former Almaden Air Force Station and all if its remaining facilities on Mt. Umunhum in 1986 with the intent of restoring it to natural conditions, and providing for low-density public access to the 3,486 foot high peak, the South Bay's sister mountain to Mr. Tamapais and Mr. Diablo; and WHEREAS, this purchase was at Fair market Value, with no discount for remnant military contamination; and WHEREAS, the District has, over the past 20 years, purchased nearly 200 parcels on and around Mt. Umunhum in an effort to preserve the mountain area for open space, environmental, and public recreational opportunities in the Sierra Azul Open Space Preserve; and WHEREAS, Mr. Umunhum and the District's surrounding Sierra Azule preserve area comprise critical habitat for a number of endangered or special status wildlife species, including the California red legged frog and the southwestern pond turtle; and these lands also provide important uninterrupted range for mountain lion, as well as bobcat, deer, coyote, and many other animal species; and WHEREAS, some 63 plant communities are found on and around Mt. Umunhum, along with the headwaters of Guadalupe and Los Gatos Creeks, which provide an important component of the water supply.for the Santa Clara Valley; and WHEREAS, Mt. Umunhum offers spectacular panoramic vistas, from Monterey Bay to Mt. Diablo to San Francisco, providing a place extraordinary perspective for South Bay visitors, only a few miles from San Jose, the nation's 11th largest cities; and WHEREAS, the .District's studies have found high levels of toxic materials in the abandoned Air Force facilities on Mt. Umunhum, including lead, lead-based paint, and asbestos, which have made cleanup and restoration of the site prohibitively expensive for the District to accomplish, and which coupled With decrepit and unsafe structures, have precluded any public access to a significant portion of the area; and WHEREAS, the Defense Environmental Restoration Program, in its Annual Report to Congress in Fiscal Year 1998, estimated that the Federal government had yet to allocate at least $2.5 million dollars toward completion of the promised cleanup at the former Almaden Air Force Station. ~." NOW, THERFORE BE IT RESOLVED, that the City of Council of the City of Saratoga does hereby support the efforts of the Midpeninsula Regional Open Space District to obtain Federal funding for clean up of all toxic materials at the former Almaden Air Force Station and, further, urges the local Congressional delegation and the Federal Government to appropriate the funding necessary for removal and cleanup of all hazardous materials at this site, including not only current below-ground contamination, but also all lead, led-based paint, and asbestos. This appropriation will make way for returning this area to a spectacular public open space and recreational area. John Mehaffey, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: SUBJECT: Check Register: RECOMMENDED ACTION(S): Approve the Check Register. 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 Date Manual Void Total 9/28/01 Checks Checks AP CHECKS A86503-86658 1 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 291 Teen Services 292 Facility Ops 293 Theatre Surcharge 300 State Par,k 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: B27167-27201 TOTAL Prepared by 586,822.72 10,436.04 50,842.96 4,853.97 7,128.51 81,632.40 7,832.95 2,100.00 26,435.64 2,701.46 251.96 294.36 23,841.00 794,737.93 4,050.00 14,486.04 Date: PREPARED 09/28/z001, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 1 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA .............................................. VEND NO VENDOR NAME ~ EXPENDITURE ~/~D-ISSUED INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM NO NO NO DATE NO DESCRIPTION AMOUNT 0000003 A & M MOTOR SUPPLY 7780 001405 20025 09/26/2001 0000010 ABAG POWER PURCHASING POOL · 100016020 001360 20035 09/26/2001 0000011 ABLE RIBBON TECF. NOLOGY 113516 001300 09/25/2001 113792 001301 09/25/2001 0000019 ;tLLIED LOCK & KEY 66480 001257 19942 09/21/2001 0000020 ALPINE AWARDS 131805 001242 09/19/2001 0000005 AMERICAN PLANNING ASSOC. 8778 001335 09/25/2001 0001528 AMERIC~N TRAFFIC SUPPLY 20336 001347 09/26/2001 20335 001348 09/26/2001 0002422 ANDERSON SUPERSTORE CTCS62689 001462 20096 09/27/2001 0000005 ARRIAGA, JUI~N 627229 001318 09/25/2001 0001180 AT&T 741-1527 001302 09/25/2001 0000005 AXELSEN, NANCY 860 001262 09/21/2001 0001568 BAKER, EVAN 001304 09/25/2001 001-1035-512.30-01 AUTOMOTIVE SUPPLIES 31.08 VENDOR TOTAL * 31.08 001-1060-513.40-23 NAT. GAS/POWER POOL 1,610.00 VENDOR TOTAL * 1,610.00 001-1050-513.30-01 TONER CARTRIDGES 387.34 001-1050-513.30-01 TONER CARTRIDGES 263.22 VENDOR TOTAL * 650.56 001-1060-513.~0-14 BROKEN LOCK/PLANNING 57.02 VENDOR TOTAL * 57.02 290-6005-564.30-01 SOFTBALL/BASKETBALL AWARD 140.28 VENDOR TOTAL * 140.28 001-1045-513.40-40 ASST. PLANNER ONLINE AD 100.00 VENDOR TOTAL * 100.00 150_30152532.30-01 WHITE TRAFFIC PAINT 410.40 150-3015-532.30-01 GLASS BEADS, CHALK LINE 86.40 VENDOR TOTAL * 496.80 001'-1035-512.40-14 EMERG. REPAIR VEH. 95 800.65 VENDOR TOTAL * 800.65 001-1045-513.40-01 SPRAY TEST CLASS REIMB. 85.00 VENDOR TOTAL * 85.00 001-1050-513.40-20 LONG DISTANCE PHONE CHGS. 15.01 VENDOR TOTAL * 15.01 290-6005-445.04-00 CLASS REFUND 44.00 VENDOR TOTAL * 44.00 001-1005-511.20-04 EXP. ALLOWANCE 10/01 250.00 VENDOR TOTAL * 250.00 0002318 BARRY, CYNTHIA PREPARED 09/28;z001, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 2 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE DL~.ND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT ........................................................... L ........................................................................ 0002318 BARRY, CYNTHIA 001310 09/25/2001 0002415 BAY DELTA CHARTERS 2807 001394 20125 09/26/2001 0001078 BAY TELECOM 13558 001319 09/25/2001 13703 001320 09/25/2001 13704 001321 09/25/2001 15242 001332 09/25/2001 0000005 BEACHLER ENTERPRISES, INC. 1291 001273 09/21/2001 0000005 BEJAR, TERESA 53309 001280 09/25/2001 0000052 BOGOSIAN, STAN 001305 09/25/2001 0000054 BOISE CASCADE 278505 001244 09/19/2001 0001422 BOOK PUBLISHING COMPA/~Y 24467 001294 09/25/2001 0000005 BRADY, SHERYL 50997 001424 09/26/2001 0001523 CALISTOGA MOL~AIN SPRING WATER CO. 0110020103842 001282 19943 09/25/2001 0110019822873 001374 09/26/2001 0002326 CAPORICCI, CROPPER & LARSON, LLP 091701 001276 20003 09/25/2001 0000005 CITY OF SANTA CRUZ 10/5/01 001329 09/25/2001 250-4010-542.20-04 PLAN. COMM. EXP. ALLOW. 150.00 VENDOR TOT;kL * 150.00 290-6005-564.40-51 SR. TRIP 10/1801 1,766.46 VENDOR TOTAL * 1,766.46 001-1050-513.40-20 DIGITAL PHONES/PHONE CARD 1,824.92 001-1050-513.40-20 RECONNECT CORP YARD 242.50 001-1050-513.40-20 RECONNECT SR. CENTER 115.00 001-1050-513.40-20 ONSITE TECHNICAL HELP 157.50 VENDOR TOTAL * 2,339.92 001-1030-5~1.40-41 SOLID BRASS KEYS TO CITY 190.00 VENDOR TOTAL * ' 190.00 292-6000-260.00-00 DEPOSIT REFUND 300.00 VENDOR TOTAL * 300.00 001-1005-511.20-04 EXP. ALLOWANCE 10/01 250.00 VENDOR TOTAL * 250.00 001-1045-513.30-01 PAPER/RECRUITMENT FLYERS 49.55 VENDOR TOTAL * 49.55 001-1030-511.40-41 CITY CODE CD 36.61 VENDOR TOTAL * 36.61 292-0000-260.00-00 DEPOSIT REFUND 300.00 VENDOR TOTAL * .300.00 001-1060-513.40-15 MONTHLY SERVICE 38.83 001-1060-513.40-15 MONTHLY RENTAL-FILTER 38.83 VENDOR TOTAL * 77.66 001-1040-513.40-10 PROFESSIONAL SVCS. AUDIT 19,350.00 VENDOR TOTAL * 19,350.00 001-1020-511.40-04 DEP. CITY CLERK WORKSHOP 15.00 PREPARED 09/28/z001, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 3 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000005 CITY OF SANTA CRUZ VENDOR TOTAL * 15.00 0000085 CITY OF SARATOGA/PETTY CASH 9/20/01 001483 09/27/2001 001-1020-511.40-04 MAYOR/CITY MGR. LUNCH MTG 20.00 9/4/01 001476 09/27/2001 001-1040-513.30-01 OFFICE SUPFLIES 5.13 9/19/01 001481 09/27/2001 001-1045-513.40-01 PEST CONTROL REG. 10.00 8/30/01 001475 09/27/2001 001-1050-513.30-01 OFFICE SUPPLIES 11.18 9/10/01 001477 09/27/2001 001-1050-513.30-01 COFFEE SUPPLIES 5.38 9/16/01 001478 09/27/2001 001-1050-513.30-01 COFFEE SUPPLIES 9.20 9/17/01 001479 09/27/2001 001-1050-513.40-21 PRIORITY MAIL EXP. 3.50 9/19/01 001480 09/27/2001 001-1050-513.30-01 COFFEE SUPPLIES-TORRES .3.19 9/25/01. 001482 09/27/2001 001-1050-513.30-01 COFFEE SUPPLIES-TORRES 18.29 VENDOR TOTAL * 85.87 0000701 CO. OF SANTA CLARA SHERIFF'S DEPT. 2408 001411 20048 09/26/2001 001-2015-523.40-10 LAW ENF. SVCS. 8/01 245,090.91 2511 001412 20048 09/26/2001 001-2015-523.40-10 LAW ENF. SVCS. 9/01 245,090.91 VENDOR TOTAL * 490,181.82 0000005 COLE, TRUDY 952 001286 09/25/2001 290-6005-445.04-00 CLASS REFUND 129.00 VENDOR TOTAL * 129.00 0000091 COMMONWEALTH CREDIT UNION 001400 09/18/2001 001-0000-210.20-01 CREDIT UNION #19-01 CHECK #: 86505 VENDOR TOTAL * .00 0000078 COMMUNITY HEALTH CHARITIES 001249 09/19/2001 001-0000-210.20-01 QRTRLY DONATIONS #3/01 78.00 VENDOR TOTAL * 78.00 0000434 COTTON, SHIRES AND ASSOCIATES INC 25377 001324 20068 09/25/2001 250-4020-542.40-10 PROF. SVCS.-HAKONE 417.03 VENDOR TOTAL * 417.03 0002266 COUNTRYWIDE AUCTIONEERS 53317 001279 09/25/2001 292-0000-260.00-00 DEPOSIT REFUND .300.00 VENDOR TOTAL * 300.00 0000099 COUNTY OF SANTA CbARA 9/01 001255 09/19/2001 001-0000-202.10-01 BUS TICKET REIMB. 44.00 VENDOR TOTAL * 44.00 0000005 CRANE, LILLIAN 52253 001281 09/25/2001 292-0000-260.00-00 DEPOSIT REFUND 300.00 VENDOR TOTAL * 300.00 0002335 CUMMING HENDERSON 96793 001352 20037 09/26/2001 001-1035-512.40-14 REPAIRS 169.13 3,588.42 3,588.42 PREPARED 09/28/z001, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 4 PROGP~: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0002335 CUMMING HENDERSON 96792 001353 20037 09/26/2001 0000005 DAVIS, JOE PAY 53474 001409 09/26/2001 0002106 DESIGN FOCUS LANDSCAPING 91301 001278 19958 09/25/2001 0000005 DOSS, COLINE 985 001290 09/25/2001 0000005 DOUGHTY, MARIE 905 001253 09/19/2001 932 001284 09/25/2001 0001988 DUFFY & GUENTHER 20059 001466 09/27/2001 0000135 DURAN & VENABLES, INC. 001343 20067 09/26/2001 0002416 EAST BROTHER LIGHT STATION 001395 20124 09/26/2001 0000005 EASTFIELD MING QUONG 50140 001416 09/26/2001 0002404 EDDY, MELISSA 92101 001274 09/21/2001 0001814 0000146 I010802 0000150 EMPLOYMENT DEVELOPMET DEPT. 001251 09/19/20'01 ENGINEERING DATA SERVICE 001243 09/19/2001 EVANS WEST VALLEY SPRAY 001-1035-512.40-15 MAINTENANCE 2,092.40 VENDOR TOTAL * 2,261.53 001-1040-452.01-00 CITATION S103199 REIMB. 50.00 VENDOR TOTAL * 50.00 001-9010-522.40-10 PRESCHOOL PLAYGROUND 1,500.00 VENDOR TOTAL * 1,500.00 290-6005-445.04-00 CLASS REFD-ND 120.00 VENDOR TOTAL * 120.00 290-6005-445.03-00 TRIP REFUND 64.00 290-6005-445.03-00 TRIP REFUND 50.00 VENDOR TOTAL * 114.00 001-1025-511.40-12 WARFEL MATTER 258.50 VENDOR TOTAL * 258.50 320-9010-522.40-10 CONSTRUCTION-TEMP. LIB. 1%604.58 VENDOR TOTAL t 1,604.58 290-6005-564.40-51 SR. TRIP 10/18/01 450.00 VENDOR TOTAL * 450.00 001-3030-443.08-00 BA~ER RENTAL REIMB. 150.00 VENDOR TOTAL * 150.00 001-1040-513.40-10 PROP. SVCS-INTERIM AS DIR 11,112.50 VENDOR TOTAL * 11,112.50 001-1045-513.20-01 REIMB. BENEFIT CEARGES 1,440.00 VENDOR TOTAL * 1,440.00 001-1030-511.40-40 PUBLIC HEARING NOTICES 107.74 VENDOR TOTAL * 107.74 PREPARED 09/28/~U01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 5 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND°ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000150 EVANS WEST VALLEY SPRAY 2,565.00 35514 001357 20093 09/26/2001 125.00 35710 001366 09/26/2001 2,690.00 0001002 FEDEX 16.90 5-885-41682 001474 09/27/2001 14.96 5-885-41682 001473 09/27/2001 19.12 5-885-41682 001472 09/27/2001 22.50 5-885-41682 001469 09/27/2001 31.46 5-885-41682 001471 09/27/2001 196.88 5-885-41682 001470 09/27/2001 301.82 0002427 FERRARI, RICHARD 76.81- 001458 09/27/2001 43875 001457 09/27/2001 8,841.00 8,764.19 0000005 FOBAR, JAMI 109.00 951 001285 09/25/2001 001-3030-532.40-15 PESTICIDE APPLICATION 001-3030-532.40-15 TREE SPRAYING-HARTMAN OAK VENDOR TOTAL * 001-1040-513.30-01 FEDEX-CITY ATTY. 001-1045-513.30-01 JOBS AVAILABLE 001-1050-513.30-01 FEDEX-CITIBANK 001-3035-532.30-01 SAN JOSE WATER CO. 290-6005-564.30-01 FEDEX-CITY ATTY. 320-9010-522.40-10 FEDEX-LIBRARY VENDOR TOTAL * 250-4010-444.02-00 ARBORIST FEES 800-0000-260.10-00 TREE BOND RELEASE VENDOR TOTAL * 290-6005-445.04-00 CLASS REFUND VENDOR TOTAL * 290-6005-445.04-00 CLASS REFIIND VENDOR TOTAL * 001-1035-512.30-20 GAS, DIESEL & PETROLEUM 001-1035-512.30-20 GAS, DIESEL & PETROLEUM 001-1035-512.30-20 GAS, DIESEL & PETROLEUM VENDOR TOTAL * 001-3030-532.40-15 CIVIC CENTER 150-3025-532.40-15 MEDIANS/PARKWAYS 180-3040-532.40-15 bIANOR DRIVE 180-3040-532.40-15 FREDERICKSBURG 180-3040-532.40-15 MCCARTYSVILLE 180-3040-532.40-15 AP, ROYO DE SARATOGA 180-3040-532.40-15 LEUTAR CT. 180-3040-532.40-15 BONNET WAY 180-3040-532.40-15 BEAUCHAMPS 180-3040-532.40-15 SUNLAND PARK 180-3040-532.40-15 BELLGROVE 180-3040-532.40-15 TRICIA WOODS 180-3040-532.40-15 KERWINRANCH 180-3040-532.40-15 TOLLGATE 180-3040-532.40-15 PRIDES CROSSING VENDOR TOTAL * 109.00 0000005 FONG, SHIN 84.00 1050 001338 09/25/2001 84.00 0000162 G. N. RENN, INC. 1,300.23 428594 001346 20030 09/26/2001 204.93 428409 001406 20030 09/26/2001 997.09 430273 001407 20030 09/26/2001 0001794 GACHINA LANDSCAPE MANAGEMENT 31751 001437 20040 09/26/2001 31751 001438 20040 09/26/2001 31751 001425 20040 09/26/2001 31751 001426 20040 09/26/2001 31751 001427 20040 09/26/2001 31751 001428 20040 09/26/2001 31751 001429 20040 09/26/2001 31751 001430 20040 09/26/2001 31751 001431 20040 09/26/2001 31751 001432 20040 09/26/2001 31751 001433 20040 09/26/2001 31751 001434 20040 09/26/2001 31751 001435 20040 09/26/2001 31751 001436 20040 09/26/2001 31751 001439 20040 09/26/2001 2,502.25 1,035.00 3,477.00 155 00 258 00 204 00 83 00 83 00 243 00 78 O0 322 00 1,892 00 210 00 326 00 88 O0 432 00 8,886.00 0001807 GALEB PAVING PREPARED 09/28/~001, 8:14:29 EXPENDITURE APPROV;LL LIST PAGE 6 PROGP. AM: GM339L AS OF: 09/28/2001 CITY OF S~ATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O.~ CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001807 GALEB PAVING 39334 001325 09/25/2001 0002321 GARAKANI, MO}~ED 001311 09/25/2001 0000168 GFOA 0030165 001277 09/25/2001 0002066 GREG G. ING & ASSOCIATES i 001461 20072 09/27/2001 11 001342 19363 09/26/2001 2 001460 20073 09/27/2001 i 001464 20073 09/27/2001 O00000S GRUBE, CD,ROLE 1081 001422 09/26/2001 0000181 H.T.HARVEY & ASSOCIATES 14697 001344 19878 09/26/2001 0000005 HAGHSHENAS, MRS. 1060 001339 09/25/2001 0000005 HAIDAR, KATIE 819 001265 09/21/2001 0000005 HOLLENSTEIN, MELANIE 884 001246 09/19/2001 0000034 HORIZON 5274331-00 001413 09/26/2001 0000005 HOWMILLER, CYNTHIA 988 001380 09/26/2001 0002386 HUNTER, JILL S. 001309 09/25/2001 0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS 800-0000-260.10-00 BOND RELEASE 15,000.00 VENDOR TOTAL * 15,000.00 250-4010-542.20-04 PLAN. COMM. EXP. ALLOW. 150.00 VENDOR TOTAL * 150.00 001-1040-513.30-30 MEMBERSHIP RENEWAL 185.00 VENDOR TOTAL * 185.00 150-9010-522.40-10 LNDSCAPE ARCH-SARA-S'V~LE 28,976.93 310-9010-522.40-10 LA/qDSCAPE ARCH.-C.SPR PRK 6,279.28 310-9010-622.40-10 L;LNDSCAPE ARCH.-AZULE PRK 8,424.70 310-9010-622.40-10 L~SCAPE ARCH.-AZULE PRK 11,731.66 VENDOR TOTAL * 55,412.57 290-6005-445.04100 CLASS REFUND 64.00 VENDOR TOTAL * 64.00 260-5015-552.40-13 ECOLOGICAL CONSULTING SVC 1,209.43 VENDOR TOTAL * 1,209.43 290-6005-445.04-00 CLASS REFUND 64.00 VENDOR TOTAL * 64.00 290-6005-445.04-00 CLASS REFUND 139.00 VENDOR TOTAL * 139.00 290-6005-445.04-00 CLASS REFD~ND 59.00 VENDOR TOTAL * 59.00 001-3030-532.30-01 ROUNDUP 345.12 VENDOR TOTAL * 345.12 290-6005-445.04-00 CLASS REFUND 142.00 VENDOR TOTAL * 142.00 250-4010-542.20-04 PLAN. COMM. EXP. ALLOW. 150.00 VENDOR TOTAL * 150.00 PREPARED 09/28/z001, '8:14:29 EXPENDITURE APPROVAL LIST PAGE 7 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O., CHECK/DUE ACCOUNT ITEM EXPENDITURE HA/ND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS 19454 001358 19914 09/26/2001 001-3030-532.40-14 IRRIGATION SYSTEM REPAIR 58.06 18787 001465 20092 09/27/2001 001-3030-532.40-14 IRRIG. SYS. REPAIR 500.00 19455 001359 19914 09/26/2001 150-3025-532.40-14 MEDIAN REPAIR 57.00 VENDOR TOTAL * 615.06 0000005 I. H. CONCRETE 52350 001252 09/19/2001 001-3035-422.03-00 ENCROACHMENT FEE REFUND 250.00 VENDOR TOTAL * 250.00 0000201 ICMA RETIREMENT TRUST 001399 09/18/2001 001-0000-210.20-01 RETIREMENT PLAN #19-01 CHECK #: 86504 4,777.95 VENDOR TOTAL * .00 4,777.95 0000005 INFORNh%TION STATION SPECIALISTS 214008 001410 09/26/2001 001-2005-521.30-01 FCC LICENSE APPLICATION 490.00 VENDOR TOTAL * 490.00 0000005 INSTITUTE OF COMPUTER TECHNOLOGY 001384 09/26/2001 290-6005-564.40-01 EXCEL CLASS-ROBINSON 155.00 VENDOR TOTAL * 155.00 0002405 INSTRUMENT CONTROL SERVICES, LLC 4995 001408 09/26/2001 001-1035-512.40-14 CNG STATION REPAIRS 352.20 VENDOR TOTAL * 352.20 0001745 INTERSTATE TRAFPIC CONTROL PRODUCTS 20404 001420 09/26/2001 150-3015-532.30-01 YELLOW TRAFFIC PAINT 461.70 VENDOR TOTAL * 461.70 0002322 JACK]~, ERNA 001312 09/25/2001 250-4010-542.20-04 PLAN. COMM. EXP. ALLOW. 150.00 VENDOR TOTAL * 150.00 0000005 JACKSON, MRS. 1042 001378 09/26/2001 290-6005-445.04-00 CLASS REFUND 69.00 VENDOR TOTAL * 69.00 0001657 JAMES C. JEFFERY 67 001326 20070 09/28/2001 001-3035-532.40-13 TRAFFIC ENG. 8/5-8/17/01 2,075.00 69 001345 20070 09/26/2001 001-3035-532.40-13 TRAFFIC ENG. 9/1-9/15/01 2,700.00 VENDOR TOTAL * 4,775.00 0000213 JOBS AVAILABLE 119161 001333 09/25/2001 001-1045-513.40-40 RECRUITMENT AD PMWIII 55.20 119161 001334 09/25/2001 001-1045-513.40-40 RECRUITMENT AD ASST. PLNR 64.40 VENDOR TOTAL * 119.60 0001987 JOE A. GONSALVES & SON 91801 001327 20111 09/25/2001 001-1020-511.40-10 PROF. SERVICES 10/01 3,000.00 PREPARED 09/28~01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 8 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCBER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001987 JOE A. GONSALVES & SON 9182001 001328 20111 09/25/2001 001-1020-511.40-10 PILING FEE 1ST-2ND QTR VENDOR TOTAL * 0001492 JOE'S TRACTOR SERVICE 2532 001397 20094 09/26/2001 001-3030-532.40-15 DISCING CITY OPEN SPACE VENDOR TOTAL * 0000005 JOHNSON, BARBARA 72701 001381 09/26/2001 290°6005-445.04-00 CLASS REFUND VENDOR TOTAL * 0000005 . JOHNSON, SUSAN 886 001245 09/19/2001 290-6005-445~04-00 CLASS REFUND VENDOR TOTAL * 0002116 JUAREZ, PABLO 627222 001317 09/25/2001 001-1045-513.40-01 SPRAY TEST CLASS REIMB. VENDOR TOTAL * 0002423 KLEINFELDER, INC. 121390 001254 09/19/2001 320-9010-522.40-10 SOIL SAMPLING-LIB. VENDOR TOTAL * 0002249 KNAPP, ALLISON 15 001340 09/25/2001 250-4010-542.40-10 CONTRACT PLANNER SVCS. VENDOR TOTAL * 0002320 KURASCH, LISA J. 001313 09/25/2001 250-4010-542.20-04 PLAN. COMM. EXP. ALLOW. VENDOR TOTAL * 0000772 LIEBERT CASSIDY WHITMORE 83101 001330 09/25/2001 001-1025-511.40-11 PERSONNEL MATTERS VENDOR TOTAL * 0000005 LIU, RICHARD 9501 001297 09/25/2001 001-1020-511.40-04 PA RENTAL/SETUP VENDOR TOTAL * 0000005 MAC FHIONNLAOICH, MRS 983 001293 09/25/2001 290-6005-445.04-00 CLASS REFUND VENDOR TOTAL * 0001839 MBIAMUNISERVICES COMPANY 20000922 001275 20004 09/25/2001 001-1040-513.40-10 SALES TAX AUDIT 3/31/01 VENDOR TOTAL * 0002153 MCGRATH MOBILE MODULAR MGMT CORP. 330771 001303 19979 09/25/2001 001-1060-513.40-31 RENT 9/16-10/16/01 90.00 3,090 00 1,250 00 1,250 00 99 00 99 00 119 00 119 00 150 00 150 00 90O 00 900.00 2,981.25 2,981.25 150.00 1S0.00 377.00 377.00 75.00 75.00 94.00 94.00 130.25 130.25 496.80 PREPARED 09/28;~~01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 9 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEN-DNO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE H~/~D-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0002153 MCGRATH MOBILE MODULAR MGMT CORP. 0001570 MEHAFFEY, JOHN 001306 09/25/2001 0000254 MEYERS, NAVE, RIBACK, SILVER 2001080309 001396 09/26/2001 2001080275 001459 20112 09/27/2001 0002411 MIYAKAWA, LAURA 001331 09/25/2001 001467 09/27/2001 0002396 MOBILE MODULAR MANAGEMENT CORP. 324970 001247 20062 09/19/2001 0000005 MOORE, STEVE 0-00023638 001295 09/25/2001 0000005 MOTE, MARY ALICE 857 001261 09/21/2001 0002079 MOUNTAIN VIEW GARDEN CENTER 103258 001361 20091 09/26/2001 103108 001362 20091 09/26/2001 103113 001363 20091 09/26/2001 103166 001364 20091 09/26/2001 0000292 NATIONAL PLAN COORDINATOR 001402 09/18/2001 0000600 NBS-GOVERNMENT FINANCE GROUP B09200150 001447 20002 09/27/2001 B09200150 001446 20002 09/27/2001 0000294 NORMAN PAUL PRINT CENTER 11692 001299 20051 09/25/2001 0001997 OFFICE DEPOT, INC'. VENDOR TOTAL * 496.80 001-1005-511.20-04 EXP. ALLOWANCE 10/01 250.00 VENDOR TOTAL * 250.00 001-1025-511.40-11 WARFEL MATTER 64.80 001-9010-622.40-12 CITY VS. HEINZ 344.70 VENDOR TOTAL * 409.50 001-1045-513~40-01 CALPERS EXP REIMB. 137.86 001-1045-513.40-05 MILEAGE REIMB.-SEMINAR 103.16 VENDOR TOTAL * 241.02 150-3005-532.40~10 RENTAL, SEC. DEP. & DEL. 1,127.08 VENDOR TOTAL * 1,127.08 250-4015-542.30-01 ENG. BOOKS REIMB. 168.33 VENDOR TOTAL * 168.33 290-6005-445.04-00 CLASS REFUND 45.00 VENDOR TOTAL * 45.00 001-3030-532:30-01 WOOD FIBER MULCH/WHH 168.16 001-3030-532.30-01 WOOD FIBER MULCH/WHE 84.08 001-3030-532.30-01 WOOD FIBER MULCH/WHH 98.10 001-3030-532.30101 WOOD FIBER MULCH/WHH 168.16 VENDOR TOTAL * 518.50 001-0000-210.20-01 RETIREMENT PLAN #19-01 CHECK #: 86507 VENDOR TOTAL * .00 420~8020-733.70-03 ADMIN FEES 10/1-12/31/01 251.96 740-8010-733.70-03 ADMIN FEES 10/1-12/31/01 294.36 VENDOR TOTAL * 546.32 001-1050-~13.40-41 BUS. CARDS-TRYBUS, CONN 111.93 VENDOR TOTAL * 111.93 1,601.34 1,601.34 PREPARED 09/28/~01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 10 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001997 OFFICE DEPOT, INC. 139112561-001 001440 20052 09/26/2001 139115958-001 001441 20052 09/26/2001 0000302 ORCHARD SUPPLY HARDWARE 001351 19975 09/26/2001 001349 19915 09/26/2001 001350 19915 09/26/2001 000000S OREGLIA, RACHEL 242 001392 09/26/2001 0000306 PACIFIC BELL 868-9099 001443 09/26/2001 868-9497 001444 09/26/2001 2372714652319N 001468 09/27/2001 867-8550 001445 09/26/2001 0000307 PACIFIC GAS & ELECTRIC 001452 09/27/2001 001453 09/27/2001 001448 09/27/2001 001449 09/27/2001 001450 09/27/2001 001451 09/27/2001 0000738 PACIFIC GAS & ELECTRIC COMPANY 001398 09/17/2001 0000005 PALMER, ANASTASIA 1059 001393 09/26/2001 0002077 PARSONS H~LAND BARTHOLOMEW & 02552516 001463 20172 09/27/2001 0000005 PECK, LINDA 1041 001379 09/26/2001 0000005 PERROTTA, EMILY 1048 001336 09/25/2001 001-1050-513.30-01 001-1050-513.30-01 001-1660-513.30-02 001-3030-532.30-01 150-3005-532.30-01 290-6005-445.04-00 001-1050-513.40-20 001-1050-513.40-20 001-1050-513.40-20 001-2005-521.40-20 001-1035-512.30-20 001-1060-513.40-23 150-3015-532.40-23 180-3040-532.40-23 180-3040-532.40-23 180-3040-532.40-23 320-9010-522.40-10 290-6005-445.04-00 001-4005-542.40-10 290-6005-445.04-00 290-6005-445.04-00 OFFICE SUPPLIES 487.17 COPY PAPER 777.76 VENDOR TOTAL * 1,264.93 SUPPLIES-BLDG. MAINT. 509.20 SUPPLIES-PARKS 583.20 STREETS-SUPPLIES 63.39 VENDOR TOTAL * 1,155.79 CLASS REFUND 98.00 VENDOR TOTAL * 98.00 DID LINES 918.66 SR. CENTERALARMS 31.73 SUPERTRUNK 180.54 EMERGENCY RESPONSE 131.13 VENDOR TOTAL * 1,262.06 TUBE TRLR & NAT. GAS VEH 31.31 BUILDINGS 2,150.17 TRAFFIC SIGNALS 89.93 · 453.06 BELLGROVE KERWIN RANCH 7.71 TOLLGATE 19.20 VENDOR TOTAL t 2,751.38 ENG. REVIEW-NEW LIBRARY CHECK #: 86503 VENDOR TOTAL * .00 CLASS REFUND 129.00 VENDOR TOTAL * 129.00 HOUSING ELEMENT #738571 3,900.00 VENDOR TOTAL * 3,900.00 CLASS REFUND 110.00 VENDOR TOTAL * 110.00 CLASS REFUND 99.00 VENDOR TOTAL * 99.00 3,800.00 3,800.00 0002277 PIXEL USA PREPARED 09/28/ZU01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 11 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA ................................................................................................................. t .................. VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HA-ND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0002277 PIXEL USA 42248 001256 20076 09/19/2001 0000952 POLLOCK, FELICIA PETERS 001266 09/21/2001 0002329 REPUBLIC ELECTRIC, INC. 20566 001417 09/26/2001 0001491 ROTH CHIROPRACTIC 1000-1231C 001259 09/21/2001 0001954 ROUPE, GEORGE 001314 09/25/2001 0000338 ROYAL COACH TOURS 005630-007 001391 20123 09/26/2001 0002169 SANTA CLARA COUNTY 3/30/01 001368 09/26/2001 0000495 SARATOGA EMPLOYEE ASSOCIATION 001248 09/19/2001 0000359 SAXTON ~EINRICHS, KIM 92001 001292 09/25/2001 0002179 S~INN, CORINNE A. 001376 20014 09/26/2001 0000005 SHU~, ROSE 53326 001268 09/21/2001 0001843 SHUTE, MIHALY & WEINBERGER LLP 3187 001386 20113 09/26/2001 3909 001387 20113 09/26/2001 3188 001388 20113 09/26/2001 3189 001389 20113 09/26/2001 3190 001390 20113 09/26/2001 150-3020-532.30-01 001-1020-511.30-01 150-3005-532.40-10 001-1040-413.05-00 250-4010-542.20-04 290-6005-564.40-51 260-5005-552.40-71 001-0000-210.20-01 290-6005-564.40-51 250-4010-542.40-10 292-0000-260.00-00 001-1025-511.40-11 001-1025-511.40-11 001-1025-511.40-11 001-1025-511.40-12 001-1025-511.40-12 COMPUTER SUPPLIES VENDOR TOTAL * ARCHIVE COUNCIL PHOTOS VENDOR TOTAL * TRAFFIC SIG. EMERG REPAIR VENDOR TOTAL * PRACTICAL EXAM-1 APP. VENDOR TOTAL * PLAN. COMM. EXP. ALLOW. VENDOR TOTAL * SR. TRIP lO/18/01-BUS VENDOR TOTAL * 3RD QTR HHW FEES VENDOR TOTAL * QRTRLY MBRSHP DUES #3/01 VENDOR TOTAL * SR. TRIP FEE REIMB. 92001 VENDOR TOTAL * PC MINUTES 9/12/01 VENDOR TOTAL * DEPOSIT REFUND VENDOR TOTAL * CITY ATTY MATTERS-8/01 CITY ATTY MATTERS-8/01 GEN. LEGAL SERVICES-8/01 CODE ENF. LITIGATION WVC LITIGATION 1,311.10 1,311.10 370.00 370.00 12,986 00 12,986 00 75 00 75 00 150 O0 150 O0 637.75 637.75 12,361.65 12,361.65 703.80 703.80 84.00 84.00 450.00 450.00 300.00 300.00 12,795.35 15.20 1,537.50 135.00 53.69 PREPARED 09/28/~u01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 12 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O., CHECK/DUE ACCOUNT ITEM EXPENDITURE I{AND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0001843 SHUTE, MIHALY & WEINBERGER LLP 0002351 SIDEMARK CORPORATE FURNITLVRE 001375 20103 09/26/2001 0000005 SILICON VIKINGS 52024 001423 09/26/2001 0000587 SKYHAWKS SPORTS ACADEMY 7062-31 001383 09/26/2001 0002426 SPECTOR LAW FIRM 6742 001323 09/25/2001 0001458 SPRINT 91301 001298 09/25/2001 9/16/01 001442 09/26/2001 0001569 STREIT, NICK 001307 09/25/2001 0000005 STUTZMAN, FRANCIS 53792 001322 09/25/2001 0001595 SUMMIT UNIFORMS 18087-18088 001377 20121 09/26/2001 0000005 SUNDERHAUF, JITKA 996 001291 09/25/2001 0001368 SUPER GLASS 222438 001369 09/26/2001 0002424 SURDIN, DANIELLE 62001 001269 09/21/2001 91301 001270 09/21/2001 91301 001271 09/21/2001 001272 09/21/2001 0000390 T.A.K.'S EQUIPMENT VENDOR TOTAL * 14,536.74 250-4015-642.60-06 OFFICE FURNITURE-CD 2,010.95 VENDOR TOTAL * 2,010.95 292-0000-260.00-00 DEPOSIT REFUND 300.00 VENDOR TOTAL * 300.00 290-6005-564.40-10 INSTRUCTOR FEE 77.00 VENDOR TOTAL * 77.00 001-1025-511.40-11 LEGAL SERVICES 665.79 VENDOR TOTAL * 665.79 001-1050-513.40-20 CMO FAX CHARGES 12.82 001-1050-513.40-20 LONG DISTANCE PHONE CHGS. 273.47 VENDOR TOTAL * 286.29 001-1005-511.20-04 EXP. ALLOWANCE 10/01 250.00 VENDOR TOTAL * 250.00 001-1040-451.01-00 FALSE ALARM REFUND 75.00 VENDOR TOTAL * 75.00 001-2010-522.30-01 UNIFORMS/SUPPLIES-TRYBUS 495.08 VENDOR TOTAL * 495.08 290-6005-445.04-00 CLASS REFUND 64.00 VENDOR TOTAL * 64.00 001-1060-513.40-14 REPLACE BROKEN WINDOW 251.20 VENDOR TOTAL * 251.20 001-7020-572.40-04 SEMINAR EXP. REIMB. 25.00 001-7020-572.3.0-01 EXPENSE REIMB. 29.74 001-7020-572.40-04 EXPENSE REIMB. 10.00 001-7020-572.40-04 MILEAGE REIMBURSEMENT 131.10 VENDOR TOTAL * 195.84 PREPARED 09/28/~01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 13 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF SARATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDIT~/RE H/LND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000390 T.A.K.'S EQUIPMENT 005399 001356 20023 09/26/2001 001-1035-512.40-15 SMALL MOTOR EQUIP. MAINT. 315.48 VENDOR TOTAL * 315.48 0002420 THE RITZ CARLTON 001258 20127 09/21/2001 290-6005-564.40-51 SR. TRIP 11/8/01-LUNCH 1,727.00 VENDOR TOTAL * 1,727.00 0000398 TLC 001401 09/18/2001 001-0000-210.20-01 FLEX BENEFIT CLAIMS REIMB CHECK #: 86506 468.33 VENDOR TOTAL * .00 468.33 0002239 TMT ENTERPRISES, INC. 72031 001367 09/26/2001 001-3030-532.30-01 MOUND CLAY-PARK FIELDS 157.85 VENDOR TOTAL * 157.85 0001593 TONY LEM TL1 001365 09/26/2001 001-3030-532.30-01 REPLACE FLAGS-BIG BASIN 410.40 TL1 2 001414 09/26/2001 001-3030-532.30-01 U.S. FLAGS/DOWELS 410.40 TL1 3 001415 09/26/2001 001-3030-532.30~01 U.S. FLAGS/DOWELS 410.40 VENDOR TOTAL * 1,231.20 0000005 TSANG, ANNIE 1080 001421 09/26/2001 290-6005-445.04-00 CLASS REFUND 128.00 VENDOR TOTAL * 128.00 0001683 UNISOURCE MAINT. SUPPLY SYSTEMS 31122460 001260 19978 09/21/2001 001-1060-513.30-02 WIPER RAGS 112.23 31036956 001263 19978 09/21/2001 001-1060-513.30-02 HI PRO STRIP PADS 36.18 31271510 001296 19978 09/25/2001 001-1060-513.30-02 FLOOR COATING 408.24 VENDOR TOTAL * 556.65 0000412 UNITED WAY CHARITY 001250 09/19/2001 001-0000-210.20-01 QRTRLY CONTRIBS. #3/01 77.00 VENDOR TOTAL * 77.00 0000005 UONG, MRS. 991 001289 09/25/2001 290-6005-445.04-00 CLASS REFUND 109.00 VENDOR TOTAL * 109.00 0000155 URI/HIGHWAY TECHNOLOGIES SW 202926 001354 20027 09/26/2001 150-3015-532.30-01 TRAFFIC Co~rRoL SUPPLIES 401.22 210474 001355 20027 09/26/2001 150-3015-532.30-01 TRAFFIC CONTROL SUPPLIES 472.50 198509 001418 20027 09/26/2001 150-3015-532.30-01 TRAFFIC CONTROL SUPPLIES 52.92 211182 001419 20027 09/26/2001 150-3015-532.30-01 TRAFFIC CONTROL SUPPLIES 70.20 VENDOR TOTAL * 996.84 0000179 VERIZON WIRELESS 0304372958 001385 09/26/2001 001-1020-511.30-01 CELL PHONE CHGS. 214.53 0304586010 001372 20021 09/26/2001 001-2010-522.40-20. CELL PHONE CHGS-CSO 67.76 PREPARED 09/281-~01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 14 PROGP3tM: GM339L AS OF: 09/28/2001 CITY OF S;%RATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE E~-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000179 VERIZON WIRELESS 0304264206 001371 20021 09/26/2001 0304586010 001373 20021 09/26/2001 0304264286 001341 09/26/2001 0000005 VONDRUSKA, A/TNA 72601 001382 09/26/2001 0001825 WALTONSMITH, ANN 001308 09/25/2001 0000005 WARREN, DORA 51592 001267 09/21/2001 0001396 WEST COAST LOCATORS, INC 3186 001370 09/26/2001 0000429 WEST VALLEY SANITATION DISTRCIT 704 001404 09/26/2001 001403 09/21/2001 0000005 WESTCOTT, BRENDA 986 001288 09/25/2001 0002428 WESTERN HIGHWAY PRODUCTS, INC. 340392 001454 09/27/2001 340627 001455 09/27/2001 340626 001456 09/27/2001 0000005 WHITE, BEVERLY 822 001264 09/21/2001 0000005 WONG, IRENE 931 001283 09/25/2001 0000005 WONG, VERNA 946 001287 09/25/2001 0000440 XEROX CORPORATION 250-4015-542.30-01 250-4015-542.30-01 260-5015-552.40-20 290-6005-445.04-00 001-1005-511.20-04 292-0000-260.00-00 001-1060-513.40~-14 260-5015-552.40-10 320~9010o522.40'-10 290°6005-445.04°00 150-3015-532.30-01 150-3015-532.30-01 150-3015-532.30-01 290-6005-445.03-00 290-6005-445.04-00 290-6005-~45.04-00 CELL PHONE CHGS.-BLDG. IN 97.76 CELL PHONE CHGSoBLDG. IN 30.00 CELL PHONE CHGS.-PW 119.28 VENDOR TOTAL * 529.33 CLASS REFUND 44.00 VENDOR TOTAL * 44.00 EXP. ALLOWANCE 10/01 250.00 VENDOR TOTAL * 250.00 DEPOSIT REFUND 300.00 VENDOR TOTAL *' 300.00 LOCATE UNDERGRND UTILITY 250.00 VENDOR TOTAL * 250.00 STORM DRAIN INSPECTION 67,942.04 SANITATION PERMIT-LIB. CHECK #: 86508 VENDOR TOTAL * 67,942.04 CLASS REFUND 84.00 VENDOR TOTAL * 84.00 HARDWARE FOR SIGNS 230.04 ANCHORS FOR POST 167.40 ANCHORS & HARDWARE 401.75 VENDOR TOTAL * 799.19 · 69.00 TRIP REFUND VENDOR TOTAL * 69.00 CLASS REFUND 89.00 VENDOR TOTAL * 89.00 CLASS REFUND 108.00 VENDOR TOTAL * 108.00 250.00 250.00 PREPARED 09/28/~u01, 8:14:29 EXPENDITURE APPROVAL LIST PAGE 15 PROGRAM: GM339L AS OF: 09/28/2001 CITY OF Si~ATOGA VEND NO VENDOR NAME INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED NO NO NO DATE NO DESCRIPTION AMOUNT 0000440 XEROX CORPORATION 084060180 001316 0000005 YANG, MRS. 1065 001337 0002319 ZUTSHI, RUCHI 001315 09/25/2001 001-1050-513.40-30 MONTHLY LEASE 8100A 2,442.91 VENDOR TOTAL * 2,442.91 09/25/2001 290-6005-445.04-00 CLASS REFUND 139.00 VENDOR TOTAL * 139.00 09/25/2001 250-4010-542.20-04 PLILN. COMM. EXP. ALLOW. 150.00 VENDOR TOTAL * 150.00 TOTAL EXPENDITURES **** 794,737.93 GRAND TOTAL 14,486.04 809,223.97 SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 DEPT: Community Development PREPARED BY: Kristin Borel AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Planning Commission Actions, October 10, 2001 RECOMMENDED ACTION(S): Note and file. REPORT SUMMARY: Attached are the Planning Commission Action Minutes of October 10, 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 ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Action Minutes - Saratoga Planning Commission PLANNING COMMISSION AGENDA OCTOBER 10, 2001 PAGE2 UP-01-006 (397-09-035) - MAIR, 19221 Saratoga-Los Gatos Road; - Request for Use Permit approval to construct a 14 foot high, 450 square foot cabana. The maximum height for an accessory structure permitted in absence of a Use Permit is 8 feet. The 2.59 acre site is located in the R-I-40,000 zoning district. (Knapp) (APPROVED 6-0) DR-01-019 &r BSE-01-023 (503-16-024) - BAMDAD 13250 Pierce Road; - Request for Design Review approval to construct a new 4,123 square foot two-story residence. The project would require the demolition of an existing 1,929 square foot single-story house. The 15,682 net square foot vacant lot (18,865 gross sq. ft.) is in the R-I-40,000 zoning district. The maximum height would be 26 feet. (Knapp) (APPROVED 6-0) o UP-01-010 (403-24-001) - METRO PCS, 13686 Quito Road; - Request for Use Permit approval to locate a wireless antenna system and equipment on an existing PG&E transmission tower. The system would be comprised of six new directional antennas mounted on the existing tower and new equipment cabinets located below the tower. The maximum height of the cabinets will be six feet tall. The project is located in an R-I- 10,000 zoning district. (Livingstone) (APPROVED 4-2, KURASCH 8z BARRY OPPOSED) UP-01-009 (393-21-013) - METRO PCS, 12383 Saratoga-Sunnyvale Road; - Request for Use Permit approval to locate a wireless antenna system and equipment on an existing PG&E transmission tower. The system would be comprised of six new directional antennas mounted on the existing tower and new equipment cabinets located below the tower. The maximum height of the cabinets will be six feet tall. The project is located in an R-1-12,500 zoning district. (Livingstone) (APPROVED 6-0) DIRECTOR ITEMS Memo regarding Committee Assignments for Planning Issues COMMISSION ITEMS COMMUNICATIONS WRITTEN City Council Minutes from Regular Meeting of August 15, 2001 ADJOURNMENT TO NEXT MEETING - Wednesday, October 24, 2001 Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 ORIGINATING D ~EPT;~ity Manager AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Claim of Lavina Ling; Claim No. GL-052984 RECOMMENDED ACTION: Authorize ABAG to settle claim not to exceed the amount of $6,400.00. REPORT SUMMARY: On August 13, 2001 the claimant asserts she was stopped for a light on Saratoga Avenue when a City employee driving a City vehicle rear-ended her car. As indicated in the attached letter from ABAG, the statements made, records submitted and the physical evidence of damage show that the claim for damages has been substantiated. FISCAL IMPACTS: The claim will be paid in the amount of $6,241.16 from the Legal Services/Risk Management Account #001-1025-511-4060. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTIONi The City Council could decide not to settle the claim. FOLLOW UP ACTION: Process settlement of claim and notify claimant. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Supplemental Claims Report from ABAG ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area October 10~ 2001 Cathleen Boyer, City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 A C BAG o R P 0 P L A T I 0 N CLAIMANT(s): DATE OF LOSS: CITY CLAIM #: AI3AG CLAIM #: LING, Lavina 8-13-01 01/02 SA-? G[,-052984 SUPPLEMENTAL CLAIM REPORT Dear Ms. Boyer: FACTS ALLEGED BY THE CLAIMANT: The claimant asserts she was stopped for a light on Saratoga Avenue when a City employee driving a City vehicle rear-ended her car. DAMAGES CLAIMED: The calculation for repair of the claimant's 2000 Toyota Avalon amounted to $5,045.96. Additionally, the claimant has submitted an invoice from Enterprise showing the rental cost for 28 days amounted to $1,195.20 (a copy of this invoice is enclosed for your records). The total damages currently anticipated on this claim amount to $6,241.16. LIABILITY: Probable. According to statements made, records submitted and the physical evidence demonstrated on the vehicles, it appears the City employee was responsible for causing these damages. RESERVE The property damage reserve has been adjusted to $6,400. Since the claimant has denied any physical injuu,, we have eliminated the bodily injur~d reserve. RECOMMENDATION: We' recommend for the City to offer settlement on this claim. The claimant has provided documentation to substantiate her claim for rental car reimbursement totaling $1,195.20. We anticipate a subrogation claim will be forthcoming from 21st Century Insurance for approximately $5,046. In order to accommodate any repair not foreseen during the initial estimate preparation, we request authority from the City to settle this claim for up to $6,400. Since the subrogation claim has not yet been received, we request authority to proceed with settlement of Mrs. Ling's claim for the full amount of $1,195.20. REMARKS: I look forward to receiving a written response from the City regarding our request for settlement authority. If you have any questions about this or any other matter, please contact me at 510- Sin~ce, rely,/~ l~ri Har'G~lcre Claims Examiner Mailing Address: P.O. Box 2050 Oakland, California 94604~2050 (510) 464-7900 Fax: (510) 464-7989 plan@abag.ca.gov Location: Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607-4756 R~QUIRED DAILY TAX EQUAL 1/365TH OF THE RENTED VEHICLE'S ANNUAL LICENSE FEE ~i'N, ~"~0,i~i-~48~' 9/12/01 ENTERPRISE RENT-A-CAR COMPANY OF '~AN FRANCIscO RENTAL AGREEME ~Z~'OUTi'8~IGpM 8/16/01 1415A W. EL CAMINO REAL 650-96?-6800 DI744. MOUNTAIN VIEW · CALENDAR DAY RENTALTYPE B SOURCE UNIT 1 RENTER UNIT # Z83DDY LAVINA~'LING LIC~ 4TDK696 1315 ROSSWAY CT MODEL TRKR LOS ALTOS C~ 94084_68?8 COLOR SILVER LOCAL: IN 69 (H) 650-967-0138 (W) 408-374-7151 CA 94040-8405 8339 501975 - 035 SUMMARY OF~,CHARGES MILES NO CHARGE 150 MI FREE/DA 150 MI FREE/DA~ PAGE 1 OF uNIT e UNIT ~ XE?8?I' ~:LI.C# 4RJG816 ~MODEL CAMR COLOR GREEN IN 8448 OUT 7806 DR. LICENSE G544977 STATECA EXPIRE 8:/87/06 DOB 3'~87/55 HT 5 4~WT 180 EYES BRN' HAIR BLKi S.S.# ON,FILE ,EMPLOYER~ WREK A NATION BILL TO N CUST # 999999 8IST CENTURY-SAN JOSE'~ ATTN: UNKNOWN** ..,~ 1738 NORTH,1ST STREET'~STE 350 SAN JOSE· CA SlO-8??'s468 ~5118 1 DAYS @ 45~99 ,87 DAYS @ 38.99. * VLF .~.! ' , : 45.9' 1052.7~ 8.5~ 'CLAIM? !NFO POL/CLAI M/F'O# RE I MBUR£SEMENT INSURED ~. LOSS DATE THEFT ? .,~CCIDENT TYPE !:~.AR.:..' ~ ADDITIONAL DRIVER SPOUSE ~'' -LICENSE #''' .. ..STATE.' EXPIRES Y:~'PERMIS~ION TO LEAVE STATE YES ND X CUSTOMER SIGNATURE ON FILE PAYMENT INFORMATION AMOUNT PD.BY TYPE DATE AGE 85 AUTH SALES TAX% TOTAL CHARGES DEPOSITS REFUND . 8.00 87.9( 1195.8( ~HOP PI2 COLLISION :'HONE 650-965-1440 NAME CLOSED TICKET PAYMENT INFO · OPENED BY #40951( STEVE A FLAMM CLOSED BY #5974K SIMON J HERRERA SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: ORIGINATING DE Manager PREPARED BY: f~ CITY MANAGER: DEPT HEAD: SUBJECT: Claim of Ann and Kathleen Fitzsimmons; Claim No. GL-052777 RECOMMENDED ACTION: Authorize ABAG to reject claim. REPORT SUMMARY: On May 18, 2001 the claimant presented a claim for damages resulting in the death of a large oak tree in front of the residence at 14605 Big basin Way. The claimant's asserts that in 1989 the City permitted the contractor working on th~ adjacent Creekside Condominium development (14599 Big basin Way) to make a deep excavation along the property line, severing the major roots of their oak tree. The claimant contends that this damage to the tree's feeding and support systems directly cause the death of the is tree in May 2000, twelve years after the excavation. The damages being claimed by the claimant totals $178,510.00 (see break down in ABAG report). After the City's claims examiner reviewed all documents provided by the claimant and City staff it is requested that the City Council reject the claim. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The claim will not be settled. ALTERNATIVE ACTION: The City Council could decide to settle the claim. FOLLOW UP ACTION: Process rejection notice. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Supplemental Claims Report from ABAG 10/11/2001 14:35 FAX 5104647979 ;.BAG WComp ASSOCIATION OF BAY AREA GOVERNMENTS ~ 001 ~ ,? 00. cl~epr¢%entingCity and County Governments of thc, Sen Francisco Bay Area ctober 11,2001 Cathleen Boyer, City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 A C BAG 0 RP 0 P LAN TION CLAIMANT(s): DATE OF LOSS: CITY CLAIM #: ABAG CLAIM #: FITZSIMMONS, AnnandKathleen . 5-18-2001 00/01 SA-? GL-052777 Dear Ms. Boyer: *'CLA ~.r~._ ACKNOWLEDGMi~.NT NOTICE~ FACTS ALI,F.~ED BY THE CLAIMANT: Thc cia;manta presented a claim for damages resulting in the death of a large oak tree in front of the residence at 14605 Big Bas/n Way. The cinimnnt$ assert that in 1989 the City permitted the contractor working on the adjacent Creekside Condominium development (14599 Big Basin Way) to make a deep excavation along the property line, severing the major roots of their oak tree to w/thin four feet of the trunk. The claimant contends that this dnm~o~e to the tree's feeding and support systems directly caused the death of t~his trcc in May 2001, twelve years after the excavation occurred. DAMAGES Thc claimant% addendum of 7/25/200I specifics ~e d~a~s b~g ~t ad~on to ~e $4,800 ~mt to remove ~e d~ o~ ~ee, ~e c~ns~-nt is claiming a ~ee ~uaHon of $30,700 (not ad~ess~g ~e fact ~e cl~t s~d ~e wo~d k~p aH the wood ~om ~e ~). ~e cost for ~e ~ee apprise ~po~ was $360, ~d the fee p~d to remo~ a ~ve prior to tree remov~ m~ounted W $150. F~y, ~e cl~t asses ~at ~e he,rage o~ ~ee reduced ~e v~ue of ~e $950,000 pro~ by appro~ately 15%, for ~ount of $142,500. Wi~out defini~ d~ages ~at may be ~ught for ~emofion~ over loss of ~e ~ee,~ ~e d~ages berg c~ed now ~ount to a tot~ of $178,510. O~ ~ CI~ ~O~TION ~CE~D: We received ~om Tom S~v~, commU~W Dc~lopment D~tor, copies of ~ a~ilablc r~ords sWred on ~crofiche. In conj~cfion ~ the records submi~ by c~onolo~ of cvents ap~s ~low: s/26/19ss 11/17/1988 11/23/1988 Posting completed. 11/30/1988 Not/ce published. 12/1/1988 Mailing completed. (date unknown?) Applicat/on for construction project at 14599 Big Basin Way filed. Application completed. Executive Summary: Applicant had requested "flipping" the blueprint on townhouse #2 in order to protect the Redwood tree on the property. The summary notes this plan would not be in confl/ct w/th any easements, wouki be cons/stent ,~ith the zoning code and the City's general plan. The summary specifies that the minor eleva~on change would not affect the overall design and that no change m setbacks or height would occur. ABAG Ma~lmg Address,; P.O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (S-.. r.,~ -:~¢-7.-'~ planC,~abag.ca.gov Loration: Joseph P. Bart MetroCenter I01 [ight'h Street Oakianci, CMifomia ~4~?-4Fs6 10/11/2001 14:34 FAX 5104647979 ABAG WComp -" ~004 C/ty of Saratoga FITZSIMMONS ABAG Claim # GL-052777 / # 00/01 SA- ? October 11, 2001 Page 4 CITY INFORMATION RF~TED: As we d/scussed this morning, I have requested copies of the minutes from City Council and City Planning meet/ngs during 1988 through 4/30/1989. I ~m. looking for any agenda items referencing this construct/on project, specifically to d~termine whether the claimant ever presented any concerns to the City about the safety of her oak tree prior to the root excavation in January 2989. Though none of the records I have examined /nd/cate such a concern was expressed, I am interested in confirming that thc City did not m~ke any formal agreement to protect her oak tree dur/ng th/s construction process. If a record search ca~ be made according to subject, I would be looking for ail referenced to 1460S an~i 14599 Big Basra Way, aa well as Stonepine Condomin/um HOA {Ann and Kathleen Fitzsimmons' property). RESERVE An initial property damage reserve has been set in the mnount of $4,800. Th/s reserve has been adjusted to $50,000 to reflect the additional information obtained. RF, COMM~NDATION: Based upon the information provided in this letter, we recommend for the City to issue a rejection notice on this claim. The rejection notice should be sent to the claimants using Form /Vo. 3 out of the ABA(} PLAN Geucral Liability C~ims Manual. This notice needs to be sent accompanied by a Proof o/Service confirmation that is also found in the ABAG PLAN Mamlal. If the C~y concurs with this recommenda~on, please notify me prior to issuing t~ rejection nofic~ ~o I may ~end not/ce to ~he claim~n~s expI~ our fimiing$ and the determination made on ~he/r clair,. I look forward to receiving a response from the City regarding whether rejection of this claim will b~ forthcoming. I also look forward to receiving those documents requested for final review. If you have any questions about this or a_ny other matter, please contact me at 510-464-7936. Lori Hardacre Claims .10/11/2001 14:34 FAA: 5104647979 .A. BAG WComp ~002 City of Saratoga FITZS]MMONS ABAG C~{m # GL-052777 / # 00/01 SA- ? October 11, 2001 Page 2 CLAI]MANT AND ~ INFORMATION P,F-XIEIVED (continued}: 11/25/1988 Report by Barr/e Coates followhug his 11/15/1988 report which addre~ed damages to the Redwood tree. The damage was the result of root pruning performed during con=Lt act/on at 14599 Big Basin Way. 1/11/1989 Memo from Steve Emslie, Pla=,~ing Director, regarding permit to remove the damaged Redwood tree. Value of this Redwood tree is noted to be approximately $66,772. 1/16/1989 Letter from claimant to City expressing concerns about the ongoing construction project. As of the time of this letter, excavation had already occurred within four feet of the trunk of the oak tree. The claimant noted that "many large anchor roots have been severed and inumerable [sic] feeder roots are cut." She requested that City officials immediately inspect the tree to see what steps were required to save the oak tree. stating ill her letter that she was giving notice *h~t damages would be pursued against an responsible parties if the tree did not survive, (NOTE: In the documents provided to us, this is the first mentlo~ of any concerns regarding th/s oak tree at 14605 Big Basin Way.) 1/17/1989 A meeting.took place at claimant's property with Barr/e Coates, Arborist, and the developer of the adjacent property, Tai Chi, 1/18/1989 Duke Wall, the contractor for the project, author/zed the 500-gallon deep-root fertilizing of the oak tree as recommended by Barrie Coates_ 1/24/1989 Barr/e Coates prepared a report on viewing the severe root cutting on the claimnr~ts' oak tree. The excavation next to the tree had occurred on the prcvious Friday (ori o~' about 1/16/1989). The roots were noted to have been ctlt within six feet of the tree using a hand saw. Coates recommended immediate remerl~l fertil/~,er/waterLng of the tree, noting that the soil at the base of the tree was dry at a depth of 2'_ {The contractor arranged for this treatment to be completed on 1/18/89.) Mr. Coates also provided recommendations for continued/rri§ation during the following winter. Mr. Coates noted that he did not believe there would be a potential problem w/th tree death if appropriat~_.remedi_~l tre. atrnent was pursued {emphasis mine). ' - 2/19/1989 The Claimant wrote to the City's Planning Commission: "Apparently the plans next door called for deep excavation along our common property linc in order to erect a retaining wall between our properties. Tbds was done with the knowledge and consent of the City of Saratoga. The developer proceeded accord/ngly.~ This letter from the claims.ut details the inspections made since the root cutting of the oak tree. Her letter asserts that ~l'he purpose in bringing this subject up in this letter is not to complain about the developer but to commend him for sharing my concern for this tree and taking appropriate and prompt act/on to insure the survivibility [sic] of this tree" (emphasis mine). (continued on next page) 10/11/2001 14:34 FAX $104647979 ABA¢ WComp 003 City of Saratoga F1TZSIMMONS ABAG Clzim # GL-052777 / # 00/01 SA- ? October 11, 2001 Page 3 CLAIMANT AND CITY INFORMATION RECEIVED {continued): 3/14/1989 City Agreement Concerning Tree Removal and Replacement: "Asa result 'of uuintent/onaI damage done to the root system of the tree by Owner's contractor...,~ the contractor was instructed to remove the Redwood tree and replace trees to accommodate a replacement value of $33,386. The only reference to the claknants' property was to note that the Owner may remove two existing diseased trees at the front of the Fit~immons property and may plant replacements on that property with a credit against the total replacement value owed. 3/20/1989 City granted perm/t for removal of/he redwood tree pursuant to the conditions for compensation. *~* TWelve years hav~ plz.~sed ~ 5/2s/2OOl property. The City authorized the permit for removing the dead oak tree on the claimants' 7/11/2001 The c]zlm~nt obtained a monetary appraisal report for the loss of the oak tree from Deborah Ellis, Arborist. The monetary loss is es~-~tted at $35,500. The arborist estimates a loss of approximately 45% of the root system in January 1989. According to Ms. Ellis, this damage caused weakening of the tree and promoted oak root fungus, leading to the eventual death of the oak tree. 7/11/2001 Minutes from A City of Sax~toga Planning Comm~$sion meeting. The cl~lm~uts present this document showing the City's concern about preserving the roots of an oak tree during a construction project at 14612 Big Basin Way. The claimants assert precautions were not followed during the construction project in 1989. LIABILITY: Doubtful. The claimants assert that the City demonstrated %allous disregard" for their property with au intent 'to max/mize the development.=- There is no record indicating that the claimant had concerns or objected to the adjacent construction until after the excavation had taken place on 1/16/1989. Th/s incltldes the time period when adjacent property owners were g/yen notice about the constnlction project and could express concerns if any existed. The fact the City may have shown concern about protecting an oak tree in a 2001 construction project simply indicates that the City's sophistication in handling such construction issues had improved. Under Government Code Section 830.5, the fact an action is later taken to protect prope~/is not ev/dcnce that liability existed when the incident originally 0ccu~Ted. As noted in our letter of 9/5/2001, we believe Government Code Section 818.4 is applicable in thi~ case: 818.4. A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, ally permit, license, certificate, approval, order, or similar authorlzat/on where the p~blic entity or an employee of the public entity is authorized by enactment to determine whether or not such author/zation should be issued, denied, suspended or revoked. SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 ORIGINATING ~P~Manager PREPARE~ AGENDA ITEM: CITY MANAGER: DEPT HEAD: SUBJECT: Dais Chairs in Saratoga Civic Theatre RECOMMENDED ACTION: Accept report and direct staff accordingly. REPORT SUMMARY: In 1999 the Community Development Department upgraded the City Council/Planning Commission dais, dais chairs, stage set, and sound system. These improvements resulted in a more professional and appropriate setting for official Council/Planning Commission business and improved the sound system for the theater and television audiences. The total project cost was $15,386, which was split between the City Council's budget and Zoning Administration budget. At its June 20, 2001 City Council meeting staff was directed to investigate options for the purchase of higher quality chairs for the Council dais. The existing Council/Planning Commission chairs have started to fall apart and lack adjustments to adjust for individual setting. Council and Planning Commission members spend several hours at each meeting sitting and have exPressed a desire for more comfortable dais chairs with common ergonomic adjustment features. Staff researched a variety of chairs with approximately ten chairs available for City Councilmembers to try. The chair receiving the most positive comments was the Via Oslo. It would address the concerns of the Council regarding quality, durability, and comfort. The Via Oslo is functional and ergonomic. It has unique features such as adjustable lumbar support, seat depth, headrest, and body weight adjustments. Via Seating has guaranteed shipment within 48 hours of order entry and comes with a ten year limited warranty. Staff has received the following quotes: · Creative Supports - 7 high back executive chairs ~ $1,049.95per chair 4 low back executive chairs $469.95 per chair · Office Depot - 7 high back executive chairs ~ $1,150.00 per chair 4 low back executive chairs $550.00 per chair FISCAL IMPACTS: Funds could be made available through the General Fund Contingency account for FY 2002-03. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: Direct staff to purchase only seven chairs for the Council continue to use staff chairs. FOLLOW UP ACTION: If directed by the City Council staff will order the chairs. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A - Via Oslo brochure Attachment B - Creative Supports/Office Depot Estimates Attachment C - Resolution Making Budget Appropriations and Planning Commission and 2 of 4 Every Chair Every Option Every Fabric Every Leather Ready in 48 Hours Oslo Ergonomic Adjustments Seat Recline Back Recline Seat Angle: Angle: Depth: Reclines from 5' forward to Reclines to 22' back, rocks in a Adds 2" to the seat depth 15' back 2:1 ratio, Headrest Angle: Sent Height: Back Height: Adjusts from: 10' back to 30' Adjusts from: 17.0" to 21" Adds 6.0" to the back height forward Oslo Arm Options Cantilevered Arm Available in upholstered*& non-uphol* stered. Upholstered Panel with Wood Cap Available in four wood color options: Natural Maple, Medium Cherry. Dark Mahogany, & Custom Stained Traditional Upholetered Arm Elegant detailing, appropriately styled for any Executive application, Wing Arm Contemporary styling, comfortably pro- portioned for guest or primary seating applications. Oslo Options Wood capped bases, available in Natural Maple, Medium Cherry, Dark Mahogany or custom stained. Polished Aluminum base also availaPle. Carpet casters and soft casters for use on hard surfaces including tile and wood floors or glides for stationary applications are available. Please refer to our Price Ust for complete details. Fabrics and Leathers Via seating may be specified from a comprehensive range of beautiful, high performance upholstery fabrics and supple European leathers. Our in-stock program includes 100 fabdcs and 19 leathers. In addition, our partnership with Maharam and Momentum Textiles enables us to order any of their contract upholstery fabric patterns and colors. Please see our Pdce Ust for complete details. Our customers benefit from a very sim- ple commitment: every chair, with any option, specified with any Via in-stock fabric or leather will be ready for ship- ment within 48 hours of order entry. This remarkable 48 hour production schedule, however, is only one reason that Via should be your source for Executive, Management. Conference and Operational Seating. Every Via chair is designed, engineered, and crafted for exceptional comfort and long lasting durability. The design is timeless and enduring and every chair is assembled with the finest components available. Thick, contoured, molded foam provides all day comfort and support. Outstanding design and quality, backed by a 10 year, limited warranty makes Via seating an extraordinary value. Via Seating: world class design, first class quality, and executive class com- fart, ready in 48 hours. Via is represented by knowledgeable and experienced representatives in major market centers throughout the World. They are your soume for all your specifi- cat/on needs. For the name of your nearest representa* rive please call our Corporate Offices. Via Inc. 205 Vista Boulevard Sparks, Nevada 89434 ~1. 800.433.6614 775.331.6001 Fax 800.833.9094 775.331.9060 2001 Via/nc 7113 7123 7133 7173 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY AUTHORIZING THE APPROPRIATIONS OF FUNDS IN THE AMOUNT OF $9,967.81 FOR COUNCIL DAIS CHAIRS WHEREAS, is it has been expressed by the City Council for the need of new Council/Planning Commission dais chairs; and WHEREAS, staff has researched a variety of chairs and the Via Oslo addresses the concerns of the Council regarding quality, durability, and comfort. NOW, THEREFORE, BE IT RESOLVED, the adjustments below to the City of Saratoga's Fiscal Year 2001-2002 budget will be made using the following entries: 001-1005-611-6006 001-1010-511-50.02 250-4010-646-6006 Furniture/Office Equipment Contingency Furniture/Office Equipment Development Fund Balance Expenditures Revenues (Debit) (Credit) $4983.91 $4983.91 $4983.91 $4983.91 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 17th day of October 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: John Mehaffey, Mayor Cathleen Boyer, CMC City Clerk 3 of 4 From: Steve Vassallo To: Cathleen Boyer Date: 10/12/200I Time: &31:36 PM ' Page 2 of 2 ~ Creative Supports 2021 Las Positas Court, Ste. 151 Livermore, CA 945 50 Quotation Date Quotation# 8/6/2001 6 Name / Address City of Saratoga 13777 Fmitvale Ave. Saratoga, CA 95070 Sales Repr... SV Item Description Qty Rate Total Osl 7133 Oslo High-Back Executive Top Grain Leather Chair 7 1,049.95 7,349.65T Osl 7131 Oslo Low-Back Executive Top Gram Leather Chair 4 469.95 1,879.80T D/I Delivezy/Installation- Included![ 0.00 Please sign to authorize purchase and return by fax Subtotal $9,229.45 Sales Tax (8.0%) $738.36 Total $9,967.81 0CT.18.2001 11:$0AM OFFICE DEPOT N0.284 P.3/3 Quotation Pago: I 202451 10/12/01 978328 CItY ~ISTOSO - S~A C~ OUOTETO: CITY OF SARATOGA 13777 FRUITVALE AV~ SARATOGA, CA 95070-5151 TO: CITY OF SARATOGA 13777 FRUITVALE AVE SAR~TOC~A, CA 95070-5151 ~: 1.408.868.1200 P: 1.408.868.1200 Terms~T 10TH PAOX Sales Loc.: SANTA CLARA I 9 0SL7133 1,150.00 8,050.0~ ~ OS~ L~T~ G~E 5 L~T~R 2 4 ~0SL7131 ~50.00 2~200.00 ~A 0S~ L~T~R G~E ~ L~T~R S~ To:al 10,250.0C S~A (~ CO~ 820.0C Gr~d Total 11,070.0~ ACCEPTED BY TITLE DATE 7 SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 ORIGINATING DEPT: Public Works AGENDA ITEM: SUBJECT: The 2001-2006 Capital Improvement Plan and Environmental Impact Assessment - Public Hearings RECOMMENDED ACTION: 1. Receive report, conduct Public Hearings, and provide direction to staff. 2. Adopt attached Environmental Impact Assessment for the proposed 2001-2006 CIP. REPORT SUMMARY: Please find attached an updated and revised spreadsheet containing the proposed five-year Capital Improvement Plan (CIP). The spreadsheet lists each project, associated estimated cost, project funding source, and proposed five-year expenditure plan. On October 1, the Finance Commission reviewed the CIP and was satisfied with the plan, however the commission could not vote on the CIP because of a lack of a quorum. On October 10, the Planning Commission reviewed the CIP for consistency with the General Plan. Subsequently, the Planning Commission adopted Resolution No.GP-01-001 approving a finding of consistency (see attached Resolution and General Plan Conformity Spreadsheet). Additionally, please find attached the Environmental Impact Assessment and the Environmental Checklist Form for the 2001-2006 Capital Improvement Plan, which lists the environmental catego~ under which each project is expected to fall. As reported at the CI~ study session in June and at the meeting in August, there are 38 proposed CIP projects that total $13,086,350. Currently the Council has identified 26 projects, which are proposed to receive full or partial funding for a total of $8,573,350. The total funded amount by funding source is as follows: · General Fund: $4,440,000 · Park Development Fund: $1,808,350 · Grant Source: $1,900,000 · Other Source: $425,000 Total: $8,573,350 Unobligated City Fund Balance Reserves available for the above (as of June 30, 2001): General Fund: $6,491,782 Park Development: $1,050,000 ($675,000 fund balance, $375,000 Park Bond Act) Total: $7,541,782 The unobligated fund balance for each Fund after project funding: · General Fund: $2,051,782 · Park Development Fund: ($758,350) Options to bring into balance the $758,350 deficit in the Park Development Fund: 1. Defer some desired projects until Park Development Fund i-eserves (via development fees) allow full project funding (up to 5 years). 2. Supplement Park Development Fund shortfall with the General Fund unobligated fund balance (leaving $1,293,432). 3. Allow Park Development Fund to borrow shortfall from General Fund and repay over time (up to 5 years). 4. Partially fund some projects with Park Development Funds (design only) until additional fund balance is attained. The proposed next steps in the five-year C.I.P. is as follows: · November 7th: 1. Adoption of Resolution amending the Fiscal Year 2001-2002 Budget. 2. Adoption of Resolution approving a Five-Year Capital Improvements Plan. FISCAL IMPACTS: Unknown at this time. Depends on the final CIP project list. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable. 2 of 3 ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The next step in the CIP process will follow based on the schedule directed by Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. CIP Project Spreadsheet. 2. Planning Commission Resolution No. GP-01-001. 3. General Plan Conformity Spreadsheet. 4. Environmental Impact Assessment and the Environmental Checklist Form. 3 of 3 APPROVAL OF RESOLUTION NO. GP-01-001 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received a request from the Public Works Director to find that the Proposed Capitol Improvement Program is consistent with the City of Saratoga General Plan; and WHERF-AS, the Planning Commission reviewed and considered the materials submitted by the Public Works Director which include a Ii.sting of each capitol project and the corresponding General Plan Goal and Policy, attached as Exhibit A. Now, THEREFORE, the Planning Commission of the City of Saratoga does hereby find that the proposed Capitol Improvement Program is consistent with the Goals and Policies of the City of Saratoga General Plan in that the various improvement projects implement the programs and objectives outlined in the various General Plan Elements. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on October 10, 2001 by the following roll call vote: AYES: . NOES: ABSENT: ABSTAIN: Chair, Planning Commission AT1-EST: Secretary to the Planning Commission NNNNN~ ENVIRONMENTAL IMPACT ASSESSMENT PROPOSED 2001-2006 CAPITAL IMPROVEMENT PLAN In compliance with the requirements of the California Environmental Quality Act (CEQA), a review of all projects proposed for the Capital Improvement Plan (CIP) has been made to determine whether any of these projects would have a significant environmental impact. The State CEQA Guidelines define significant effect as a "substantial or potentially substantial, adverse change in the physical conditions...of an area." Implementation of the majority of the CIP projects will not have an adverse impact on the environment. Of the 49 projects under consideration (38 proposed and 11 existing) in the 2001- 2006 CIP, 35 are classified as categorically exempt. These projects involve maintenance, repair, or minor alterations or additions to existing facilities (Class 1), replacement or reconstruction of existing structures or facilities (Class 2), new structures of small size and are identified by CEQA as not having a significant effect on the environment (Class 3), or minor alterations to land (Class 4). These projects are: 1. Herriman Avenue Traffic Signal: Class 3 2. Sidewalk/Pathway Infill/Rehab.: Class 3 3. Verde Vista Ln. Traffic Signal: Class 3 4. ADA Improvements (Hakone): Class 3 5. Highway 9 Traffic Signal Modifications: Class 3 6. Playground Safety (Brookglen, E1 Quito, Wildwood): Class 2 7. Kirkmont Dr. Traffic Signal: Class 3 8. Bus Stop Shelters: Class 3 9. E1 Quito Area Curb & Gutter Replacement: Class 2 10. Village Streetscape Improvements (Sidewalk/C&G): Class 2 11. Village Streetscape Improvements (Landscaping): Class 4 12. Storm Drain Upgrades: Class 3 13. Median Repairs (Landscaping/Irrig.): Class 1 14. Saratoga Avenue Medians~ Library: Class 4 15. Hillside Repair Fund/Reserve: Class 1 16. Prospect Avenue Medians: Class 4 17. Fruitvale Avenue Median Landscaping: Class 4 18. Quito Road Railroad Crossing Upgrade: Class 2 19. Glen Brae Railroad Crossing Upgrade: Class 2 20. WHH Improvements: Class 1 21. Theater Renovations: Class 1 and Class 3 22. Corp Yard Improvements: Class 3 23. Chamber Building: Class 1 24. Theater Roof: Class 1 25. E1 Quito Park Improvements: Class 1 26. Hakone Garden D/W: Class 1 27. Pony League Baseball Field: Class 2 28. Park/Trail Upgrades: Class 1 29. Heritage Orchard Improvements: Class 3 and Class 4 30. Kevin Moran Park-Improvements: Class 4 Existing CIP Projects 31. Congress Springs Park Improvements: Class 2 and Class 4 32. Vessing Road Assessment District: Class 1 and Class 2 33. E1 Camino Grande/Monte Vista Drive Stoim Drain: Class 3 34. Park Upgrades: Class 2 35. Saratoga-Sunnyvale Road/Seagul Way Traffic Signal: Class 3 36.4th Street Storm Drain Repairs: Class 1 A second group of projects (eight) will be evaluated for their environmental impacts and Notices of Exemption or Negative Declarations will be filed (one existing CIP Project, the Library Expansion Project, has been evaluated and a Negative Declaration has been filed). These projects are: 1. Traffic Calming 2. Safe Routes to Schools 3. Cox Avenue Railroad Crossing Arms Upgrade 4. Civic Center Master Plan 5. Azule Park Existing CIP Proiects 6. Saratoga-Sunnyvale Road Improvements 7. Cox Avenue Railroad Crossing Upgrade 8. Traffic Signal Upgrade Project A third group of proposed CIP projects (four) will need, or may need, further environmental assessment prior to their implementation because of possible environmental impacts which may result. These projects are: 1. 4th Street Bridge Replacement 2. UPR Trail 3. Skateboard Park Existing C~ Projects 4. Quito Road Bridge Replacement Staff recommends that a blanket Negative Declaration be issued for the projects in the 2001- 2006 CIP, with the exception of the four projects listed which will require more detailed environmental assessment. Tl~ese last four projects should not be included in the blanket Negative Declaration as more specific Environmental Review will be required for these projects as details are developed. Respectfully submitted, jo~C~h~r~ Public Works Director Respectfully submitted, Community Development Director APPENDIX G Environmental Checklist Form 1. Project title: 2001-2006 Capital Improvement Plan Lead agency name and address: City of Saratoga 1377 Fruitvale Avenue Saratoga, CA 95070 3. Contact person and phone number: John Cherbone Public Works Director (408) 868-1241 4. Project location: Various Locations in the City of Saratoga. Project sponsor's name and address: City of Saratoga 1377 Fruitvale Avenue' Saratoga, CA 95070 General plan designation: See Attached Exhibit "A" 7. Zoning: N/A Description of project: 2001-2006 Capital Improvement Plan, which includes 48 projects of various natures that will be implemented over a five-year period (see attached Exhibit "B"). 9. Surrounding land uses and setting: Briefly describe the project's surroundings: The five-year CIP encompasses a variety of land environments. envcheck, wpd- 12/30/98 - 1 - 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Each project in the CIP will be forwarded to the appropriate public agency prior to its implementation. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a !'Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems DETERMINATION: On the basis of this initial evaluation: Aghculture Resources Cultural Resources Hydrology / Water Quality Air Quality Geology/Soils Land Use / Planning Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I fred that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I fred that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached envcheck, wpd- 12/30/98 -2- sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed: I fred that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and Co) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signa~ Date ' EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the . checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact.", The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. envcheck, wpd-I 2/30/98 -3- 6) 7) 8) 9) Issues: b) c) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questibns from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance I. AESTHETICS __ Would the project: a) Have a substantial adyerse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighthrne views in the area? Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation envcheck.wpd-12/30/98 --4- II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or' nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact envcheck.wpd- 12/30/98 -5- substantial number of people? IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department ofFish and Game or US Fish and Wildlife Service? (Department of Fish and Game approval will be required for the 4th Street and Quito Road Bridge Replacement Projects for minor streambed alterations) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident.or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Possible ordinance size trees may be required to be removed in connection with the 4th Street and Quito Road Bridge Replacement Projects) ~) Conflict with the provisions of an'adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No .Impact envcheck.wpd-12/30/98 -6- V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? ' c) Directly or indirectly destroy a unique paleontological resource or site or tmique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact envcheck.wpd-12/30/98 -7- Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have ~oils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS B Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e).For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result m a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result m a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact envcheck.wpd-12/30/98 -8- fires, including where wildlands are adjacent to urbanized areas or where residences are intemaixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge' such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute-runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact envcheck, wpd-12/30/98 -9- of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a 'local general plan, specific plan or other land use plan? XI. NOISE B Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No impact envcheck, wpd-12/30/98 -10- d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has notbeen adopted, within two miles of a public airport or public use airport, would the project expose people residing · or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant' environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact envcheck.wpd-12/30/98 - 1 1 - Schools? Parks? Other public facilities? XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic Which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways?-' c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact envcheck, wpd-12/30/98 - 12- programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project=s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVlI. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact envcheck.wpd- 12/30/98 - 13 - major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact NO Impact envcheck.wpd-I 2/30/98 - 14- SARATOGA CITY COUNCIL MEETING DATE: October 17, 2001 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: Lorie Tinfow DEPT ~- '~'1_,.D SUBJECT: Authorize Expenditures for Utility Connections to Library Buildings RECOMMENDED ACTION(S): Move to authorize City Manager to sign a service agreement with PG&E and issue a check for $17,582.14 to them for engineering and construction services related to electrical service at the temporary library. Move to authorize City Manager to pay an engineering deposit of $10,000 to San Jose Water for services related to disconnecting and re-establishing water service to the expanded Saratoga Library. REPORT SUMMARY: The Saratoga Library is under construction for approximately the next 18 months. During that time, Council directed staff to establish a temporary library to serve the public. There are a number of utilities to be connected in order for service to be provided. At this time, staff is requesting authorization to pay PG&E the balance of funds required for both installing and removing the temporary service equipment from the site. The service agreement covers the use of this equipment to meet temporary needs. The City Attorney has reviewed the agreement and approved it for signature. A diesel-powered generator is providing limited power to the temporary library at this time. As a result, there is not enough electrical capacity to operate all equipment. For example, public computers are not available and only half of the air conditioners can operate. San Jose Water is requesting an engineering deposit in order to begin their work related to the expansion and renovation of the Saratoga Library. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget in CIP No. 0103 Library Expansion - Account No. 4010 Contract Services. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The temporary library will be required to continue relying on generator power and will not be able to fully support public services. The library expansion activities will be delayed. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): City Manager will sign the service agreement and authorize the checks to be drawn. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: · Copy of letter and service agreement from PG&E. · Copy of letter from San Jose Water. 2 of 2 Pacific Gas an# £/ectric Company,. WE DELIVER ENERGY7 10900 North Blaney Avenue Cupertino, CA 95014 September 20, 2001 Lorie Tinfow City' of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: PM #30218309--13718 Sarato,qa Avenue, Saratoqa Dear Ms. Linfow: Enclosed are the Rule 13 Temporary Service Summary Agreements for the above project. Please refer to the enclosed sheets for a summary of payments and costs for each applicable rule. 'Please sign and return two copies of the agreements along with your check for ~17,582.14. A fully executed copy will be returned for your files. This proposal may require revision if not accepted within 90 days. If you have any questions please call me at (408) 725-2096. /JOseph A. T~,s'ta Jr. f/'Seni0r Project Manager Enclosures City of Saratoga, A Governmental Agency (Applicant), .has requested PACIFIC GAS AND ELECTRIC COMPANY (PG&E) to provide gas or elect:ftc service to Applicant's enterprise, activity or operations which has been determined to be of temporary or lira/ted duration or speculative in character. PG&E will either fu.~ish and install the necessary gas or elec~c facilities, or accept applicant instal/ed facilities that have been consrruct:d in accordance with PG&E's specifications and have been inspected by PG&E for material and workmanship compliance ('Facilities) under the provisions of Rule 13. PG&E shall at all times retain the exclusive right to connect such applicant installed facilities to PG&E's energized or pressurized system and upon completion or acceptance of such facilities, PG&E shall sell and deliver natural gas or electric service to Applicant subject to the following terms and conditions: A.. GENERAL INSTALLATION CHARGES. Applicant shall pay to PO&E, on demand and in advance' of consn'-uction, the amount shown in Exhibit A, attached hereto and made a part of this A~eement, which is PG&E's estimated cosi of installing PG&E overhead and under~ound facilities and subsequently removing .overhead Facilities, and removing or abandoning in place underground FaciLities, less the estimated salvage value of the facilities, required for the ope.ration of applicant's appliances and equipment (Equipment). -1- Form 79-1t75 Adv~c~ No. GENERAL ACCESS. V;here i~. is necessary to install a portion or all of the Facilities on Applicmnt's promises, Applicant hereby ~an:s to PG&E the right of ingr:ss to and egress from Applicant's premises a: all reasonable hours: (a) for making the installation and with sufficiem legal clearances between all sn-uctu.res now or h=mafmr erected on Applicant's premises, and. any gas or electric facilit, ies of PG&E, and (b) for any purposes reasonably connectgd with the operation and maintenance of the Facilities. 3. LAND RIGHTS. Where formal rights-of-way, easements, land leases, or permits are requi.md by PG&E for the installation of the Facilities on Applicant's property, or the property of others, Applicant understands and agrees that PG&E shall not be obligated to install the Facilities unless and until any necessary permanent rights-of-way, easements, land leases, or permits, satisfactory to PG&E, are granted to, or obtained for PG&.E without cost to or condemnation by PG&E. If' PG&E is unable to obtain such land rights, the AppLicant shall obtain them for PG&E. 4. FORCE MAJEURE. PG&E shall not be responsible for any delay in either the performance of Applicant's responsibilities under this ag-moment, or the installation or completion of the Facilities by PG&E resulting from shortage of labor or materials, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including necessary.land rights, act of God or any other cause or condition beyond PG&E's control. PG&E Shall have the right, in the event it is unable to obtain sufficient supplies, materials or labor for all of its construction requimmems, to allocaie materials and labor to construction projects which it dr. ems, in its sole discretion, most importa.n~ to serve the needs of its ,' customers. Any delay in construction hereunder resulting from such allocation shall be deemec't'to be a cause beyond PG&E's control. -2- 79-F75 No. 5. DUE DILIGENCE. Upon receipt of this and other applicable executed ageements, any necessary la.nd r/ghts and advance payment of the installation and removal charges, will, without undue delay, commence and thereafter with all reasonable diligence proceed to install its Facilities. PG&E shall connect/ts facilities at the point where it's Facilities contact the facil/ties instal/ed, owned, leased or under license by Applicant. 6, OWNERSHIP OF FACILITIES. The installed Facilities shall at all times be and remain the property of PG&E and PG&E shall have a reasonable time period to remove or abandon the Facilities following term/nation of service under this A~eement. ENERGY PURCHASE. PG&E, under provisions of its applicable gas and electric rates on file with and approved by the California Public Utilities Commission (Commission), shall sell and deliver to Applicant and Applicant shall purchase and receive from PG&E, all natural gas or electric service for the required operation of the Equipment upon property owned, leased or under license to Applicant. Applicant shall pay PG&E monthly for energy service at any established office of PG&E at the approved rates and charges applicable to the service provided_ EQUIPMENT CHANGES. In the event Applicant makes any material change either in the amount or character of the Equipment insta/ted upoa Applicant;s premises and supplied with gas or electric energy, Applicant shall immediately provide PG&E with written notice of ~is fact. RECLAssIFICATION TO PERMANENT. If at any time the character of Applicant's operations changes and the Equipment is determined to be permanent and used in a bona fide manner and meets all requirements to receive permanent service, so that in PG&E's sole opinion the char'actor of the operation can be classified as permanent, that portion of the tote.1 payment by applicant'as shown on Exhibit A which is in excess of that which would have been required for permanent service will be refunded to Applicant upon reclassification from temporary to permanent based upon PG&E's extension rule in effect at the time service is fn-st established hereunder. -3- Form 79-875 Advic:c No. F_r£e~-dvc 10. REFUND OF CHARGES. If service to the Equipment is supplied to Applicant on a continuous, in:ermi:~ent or seasonal basis for a period of 36 consecutive months f~om the dam s~ndce is f_rst established under this ag-mement, Applicant shall be classified as permanent, and that portion of [he totaJ payment made by Applicant which is in excess of the payment which would have been required for permanent service under PG&E's rules in effect at the time service is f~rst established hereunder shall be refunded to Applicant at the rate of 1-2/3 percent for each month of service in excess of the firs: 12 months, provided that Applicant then complies with all of PG&E's rules applicable to gas and electric service. Refunds shall be made annually except when a partial year's refund may be required upon termination of service. Applicable refunds shall not exceed the total payment by Applicant for the installation and subsequent removal or abandonment of the Facilities and no interest shall be paid on such .amount. 11. SAFETY PRECAUTIONS. Applicant shall ascertain the location of all ex.isting facilities of PG&E on Applicant's property and inspect the property' initially and periodically dm-"ing construction to verify the location of all existing and new PG&E facilities. Applicant and PG&E shall perform all work in compliance w/th applicable federal, state and local laws, rules and regulations. Applicant shall inform ail persons doing work upon his property of the location of PG&E's .facilities and ensure that all work of non-PG&E employees is planned and conducted in a manner to safeguard persons and property from injury. Work performed in close proximity to PG&E's pressurized gas facilities and energized electric facilities also shall be performed .in accordance with PG&E's established safety rules and practices, as directed by PG&E. -4- Form 79-8'75 Scrvic~ Pl.mnlng Advic: No. F.l'fc:,=/v~ 12. ~q'DEMNiFICATIIDN. Applicant will indemni~'y amd hold h~u-rnless PO&E, its offic:rs, agents and employees, against all loss, damage, expense and 1/ability resulting from injury to or death of persons, including but not limited ro employees of PG&E or Applicant, o~ damage to property, including but not limited to, property of PG&E or Applicant, arising out of or in any way connected w/th' the performance of' this A~eement and any and all construction activities within Applicant's property, however caused, excepting only'such injury or death as may be caused by the active aegligence or willful misconduct of PG&£'. Applicant shall pay ail costs that may'be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees. B. APPLICANT INSTALLATION OPTION CONSTRUCTION RESPONSIBILITIES OF APPLICANT. Subject to the provisions of paragTaph B.3 of this Agreement and in accordance With PG&E's General Terms and Conditions, and PG&E's specifications, separately supplied to Applicant by PG&E, Applicant shall perform (or arrange for the performance oF) the fo!lowing work: Furnishing and installing primary and secondary disrr'iburion and service conductors, poles, pole risers, splice boxes, other subsm~cmres, transformers, switches, and associated equipment where necessary: bo Trenching, excavating, backfilling and compacting, including furnishing of any imported backfill material and disposal of trench spoil, surface repair, and boring where necessary; c. Furnishing and installing electric distribution and service conduit where necessarY; d. Ffl.rnishing and installing gas distribution main and service pipe where necessary; Obtaining any necessary construction permits and performed by Applicant under this Agreement. applicable insurance for all work -5- Form 79-875 Service Planning Advic~ No. E. ffe~five 2. CONSTRUCTION RESPONSIBILITIES paragraph 3 of this Ag-reement, PG&E shall: OF PG&E. Subject to the provisions of .3. a. Pro,rid: inspection services to verify Applicant's performance under this Agreement, determined by PGScE; and b. Connect the applicant-installed facilities to PG&E's encr~zed or pressurized supply system. NON-REFUNDABLE PAYMENTS. Applicant shall pay to F'G&E on demand and in advance of any construction, the following: A non-refundable payment, shown in Exhibit A, for the inspections by PG&..E of work performed by Applicant or'Applicant's contractor (subject to adjustment based upon actual time spent by PG&E), as well as other non-refundable costs which may include:, but am not limited to, (1) re-engineering fees, (2) prepm'ation fees for trench composit~ drawings, (3) rearrangement costs and (4) any applicable taxes. ACCEPTANCE AND CONVEYANCE. Upon (a) PGS~E's receipt of any'required formal rights of way, easements, leases, and permits, and (b) PG&E's written final acceptance to Applicant for any work performed and facilities installed by Applicant for PG&E, ApPlicant hereby grants and conveys to PG&E, its successors and assigns, all rights, title and interest in and to all such work and facilities, free and clear of all liens and encumbrances. WARRANTy. In accordance with the General Terms and Conditions, Applicant shall warrant its materials and workmanship be~nning with the date of Written acceptanc~ by PG&E for (a) one year covering the facilities installed under paragraph B.1 of this Agreement, and (b) two years covering the tmnchi.ng anct baclcfilling. In the event the Applicant's work or materials provided under this Agreement fa.ils to conform warrarlty, Applicant shall reimburse PG&E its costs for the total cost of repair and/or replacement as deemed necessary by PG&E. Such reimbursements shall be non-refUndable. -6- Fm-m 79-8'/5 Advi~,- No. Ei'fe~iv~ C. OTHER COND~IONS ASSIGNMENT. Applicant may assign this a~eement, in whole or in part, only if PG&E consents in whring and the party to whom the a~eernent is assigned (Assignee) agrees in writing to perform the obligations of Applicant hereunder. Assignment of this agreement shall not release Applicant from any of the obligations under this agreement unless such a release is agreed to in writing by PG&E and the Assignee. Such assignment, unless otherwise provided therein, shall be deemed to include Applicant's right to any refunds then unpaid or which may thereafter become payable. TERM OF AGREEMENT. This a~eement shall be binding and effective when signed by Applicant and PG&E; however, the term shall commence on the date PG&E's Facilities are f'n-st ready to supply service, as shown in PG&E's records, and shall remain in force until terminated by either parry hereto giving the other party 30 days' prior written nodce thereof. COMMiSSION JURISDICTION. This agreement shall be subject to all of PG&E's applicable tariff schedules on file with and authorized by the Commission and at all times be subject to such changes or modifications as the Commission may direct from time to time in the exercise of its jurisdiction. These may include, but are not limited to changes or modifications to rules and rate schedules. Executed this City. of Saratoga APPLICANT BY: (Signature) (Type 6r p.rint TITLE: MAILING ADDRESS: 13777Fruitva]e Avenue Saratoga, CA 95070 Az~hrn~: Exhibi£~ Skemh(~y),Rul:13 .day of 2001 PACIFIC GAS & ELECTRIC COMPANY BY: (Signature) John R. Krug (TyPe or print name) TITLE: Service Planning Supervisor -7- Form 79-875 Se,vi.-.. PIa~ Advice No. Effective Applk~nt: City of Saratoga S~l_~mIbn: 13718 Saratoga Avenue . Saratoqa, CA 95070 Bo Co Do r-...AnJ~l I A RULE 13 - TEMPORARY SEF~VIC:E APPI IOAlCpS APPLIANCES AND EOUIPUENT Wmer Hear Dryerm ~I~ (L~..~ ~ bp) Receptables 30218309 13.1 i.5 106 7 127.6 'G~- ~ Delivery ~s~rs ~a CHARGES: 1. ~I:laJla:t:ion ind Rerr~val, lex =.~lva. ge a.. By ~&E ~on F~ ~e?~ Meter En~ineerin~ & Project Manaqement 2. ~OT: (B4 + B.2xT: ~o~): ~ Eng~ne~n~ ~ers Toc~ ~ (B.1 + B.2. + B.3 - B.4): $ i 9~772.00 $ $ 651.00 2.698.00 4,461.14 .$ $ $ $. $17:~582.14 REIMBURSEMENT 1. Transio~'rn~ rm $ $ $. $ SUBJECT TO REFUND IF RECLASSIFIED TO PERMANENT: 1. Payment requir~:l f~ ~~ s~ce ba~md u~x~n PG&E'i exlension ruie~ In Iflec~ a' ~the ~lm, e Agreement t.i I~)ned. 2. ,Am=u,-~ suqec~'.~ r?u~d IB.1+ Bm- (B.4 x T~x F.::~). D.'I] i~lS.~ any azT~um remnclecl under ~agr~ 10. $ $ 3_ Pacific Gas and Electric Company San Francisco, California Revised Cancelling Revised Cal. P.U.C. Sheet No. Cal. P.U.C. Sheet No. 15573-E 1 Ac RULE 13--TEMPORARY SERVICE ESTABLISHMENT OF TEMPORARY SERVICE PG&E shall, if no undue hardshiP to its existing customers will result therefrom, furnish temporary service under the following conditions: 1. The applicant shall pay, in advance or otherwise as required by pG&E, the estimated cost installed plus the estimated cost of removal, less the estimated salvage of the facilities necessary for furnishing service. 2. The applicant shall establish credit as required by Rule 6, except that the amount of deposit prescribed in Rule 7 shall not exceed the estimated bill for the duration of service. B. APPLICANT DESIGN (RESIDENTIAL) Applicant may elect to use the applicant design option to design that portion of the temporary facilities normally designed by PG&E in accordance with the same applicant design provisions outlined in Rule 15, except that all charges and refunds shall be made under the provisions of this Rule. C. CHANGE TO PERMANENT STATUS If se~ice to the electrical machinery or apparatus as originally installed or its equivalent is supplied a temporary customer on a continuous, intermittent or seasonal basis for a pedod of 36 consecutive months from the date electric service first was delivered under this rule, the customer shall be classified as permanent and, the payment made in excess of that required for permanent service or under the line extension rule for permanent customers shall be refunded in accordance with the provisions of Section D.2 following, provided the customer then complies with all of the rules applicable to electric service. .- If at any time the character of a temporary customer's operations changes sO that in the opinion of PG&E the customer may be classified as permanent., the amoUnt of payment made in excess of that required for permanent service immediately shall be refunded to the customer in accordance with Section D. 1 following. 3. In no event will a customer be classified as temporary for more than six years. (N) I I I (N) (T) (T) (Continued) Advice Letter No. Decision No. 28824 1765-E 97-12-099 Issued by Thomas E. Bottorff Vice President Rates & Account Services Date Filed Effective Resolution No. May 11, 19..' July 1, 19 Pacific Gas and Electric Company San Francisco, California · Revised Cancelling Revised Cal. P.U.C. Sheet No. Cal. P. U.C. Sheet No. 15574-E 11325-E RULE 13mTEMPORARY SERVICE (Continued) D. REFUNDS The amount of refund upon reclassification of a customer from temporary to permanent will be made on the basis of the extension rule in effect at the time temporary service was first rendered to the customer. The payment made by the applicant in excess of any that may be required under the extension rule for permanent service in effect at the time of original temporary service shall be refunded at the rate of 1-2/3 percent for each month of service in excess of the first 12 months. Refunds shall be made annually except when partial year payment may be required upon termination of service. If payment has not been made in advance, applicant's excess obligation shall be reduced by 1-2/3 percent for each month of service in excess of the firSt 12 months. 4. Total refunds shall not exceed the amount deposited and no interest shall be paid on the amount advanced. (T) Advice Letter No. Decision No. 28825 1765-E Issued by Date Filed 97-12-099 Thomas E. Bottorff Effective Vice President. Resolution No. Rates & Account'Services May 11, 19(` July 1, 19,( IIrll~ San Jose Water Company 374 West Santa Clara St. San Jose, CA 95196-0001 BUSINESS DEVELOPMENT ADMINISTRATION 1265 S. Bascom Ave., S.J. 95128 Facsimile: 408-279-7889 Writer's Direct Dial: 408-279-7887 September 24,. 2001 Ms. Lorie Tinfow City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 REFERENCE: Saratoga Library Expansion Dear Ms. Tinfow: In response to your letter dated September 21, 2001, I would like to inform you that we will need some additional information in order for this company to begin our engineering process. Please submit the following: Engineering deposit in the amount of $10,000. · Size and location of the required Private Fire Protection Service connection(s). Fire underground drawings are appreciated. · Location of the required General Metered Service(s) (domestic and/or irrigation services). Plumbing and/or irrigation plans are appreciated. · A signed and completed Form 40 Questionnaire for each new domestic and/or irrigation service requested (copies of this form enclosed). - One set of the approved off-site improvement plans (or alternatively, unapproved off-site plans with the understanding that additional engineering costs may result from needing to revise our design due to changes in the improvement plans). Provide all drawings as computer files either in an e-mail attachment- or on a disk.(cd- rom or 3 ~A" floppy disk). The preferred file format is Microstation (version J). Autocad (version 14 or lower) in a DXF format is also acceptable. It is preferred that all information be provided on one drawing in one drawing file. However, if more than one drawing file is transmitted, please provide a detailed description of the contents for each file. Also, please complete the Autocad to Microstation Translation Guide for submittal with the drawing files. Ms. Lorie Tinfow September 24, 2001 Page Two This office will submit a request to our Engineering Department for the preparation of a final estimate and construction drawing when we receive the above-mentioned items, ff you should have any questions-regarding this letter please contact me. DVF:ta Libraryinfo Enclosures Sincerely, DIANE VAN FOSSEN Senior Business Development Representative cc: Craig Greenwood, Gilbane SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: October 17, 2001 AGENDA ITEM CITY MANAGER: ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Ordinance Enabling City Manager and City Attorney to Process Claims Filed Against City Seeking $3,000 or Less. RECOMMENDED ACTIONS: Introduce and waive first reading of the attached ordinance enabling the City Manager and City Attorney to process claims filed against the City seeking $3,000 or less. STAFF REPORT: State law and the Saratoga City Code require that the City be given an opportunity to review a claim against the City before the claimant pursues the matter in Superior Court. Currently, all such claims are heard by the City Council. Government Code section 935.4 allows the City Council to delegate to City staff claim review and payment authority for claims under $50,000. Because many claims are small and do not raise major policy issues, staff recommends that the City Manager be authorized to process minor claims with the concurrence of the City Attorney..This will speed processing of claims and reduce the administrative burden to applicants and to the City Council. The attached ordinance w6uld authorize the City Manager to accept, settle, or reject claims against the City of $3,000 or less with the concurrence of the City Attorney. Staff would retain the discretion to seek Council review for claims that are less than $3,000 and would be required to seek Council review for claims that are more than $3,000. The figure of $3,000 was selected as a threshold because it appears that claims below this amount a generally minor and non-controversial in nature. The threshold can be contrasted with the City's purchasing system which authorizes the City's purchasing officer to enter contracts of up to $10,000 without Council review. (See section 20- 45.070 of the Saratoga City Code.) The City of Sunnyvale authorizes staffto review and act on claims up to $50,000. FISCAL IMPACTS: If adopted, the ordinance will slightly reduce the administrative costs of processing small claims by avoiding the need for preparation of staff rePorts to the City Council on'such claims. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Claims under $3,000 would continue to be processed by the Council. ALTERNATIVES: The Council could establish a threshold either above or below the $3,000 figure. Under state law the threshold cannot exceed $50,000. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. FOLLOW UP ACTIONS: Ordinance will be returned to the City Council at the next meeting for approval and adoption following second reading of ordinance. ATTACHMENTS: Text of ordinance. 2 ORDINANCE AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PROCESSING OF TORT CLAIMS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FoLLows: Section 1. Findings. Government Code section 935.4 allows cities and other public entities, by ordinance or resolution, to authorize a public employee to process tort claims filed against the City that seek $50,000 or less. B. The City wishes to take advantage of the administrative efficiency that will result from allowing City staff to process tort claims seeking damages less than $3,000. Co This ordinance amends the City Code to provide that the City Manager, with the concurrence of the City Attorney, may allow, compromise, settle, or deny a claim that does not exceed $3,000. Section 2. Adoption. The Saratoga City Code is hereby amended by adding Section 2-50.020, to read as set forth below: 2-50.020 Processing of Claims Against City. The City Manager, with the concurrence of the City Attorney, shall be authorized to accept, settle or reject, without prior approval of the Council, claims against the City that fall under Division 3.6 of Title 1 of the Government Code or section 2-50.010 of the Saratoga City Code, provided that no allowance, compromise or settlement shall exceed three thousand dollars. Upon the written order of the City Manager and written concurrence of the City Attorney, the Finance Director shall cause to be issued a warrant upon the treasury of the City in the amount for which a claim has been allowed, compromised or settled. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been 1 Ordinance No. eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City 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 __ day of__, 2001, and was adopted by the following vote following a second reading on the __ day of__., 2001' AYES: NOES: ABSENT: ATTEST: MAYOR, CITY OF SARATOGA, CALIFORNIA CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 2 Ordinance No. MEETING DATE: ORIGINATING DEPT: Administrative Services October 17, 2001 SARATOGA CITY COUNCIL AGENDA ITEM: ~ CITY MANAGER: PREPARED BY: _ DEPT HEAD: SUBJECT: Legal Review of Personnel Rules and Policies RECOMMENDED ACTION(S): Retain the services of Liebert Cassidy Whitmore to review and revise the City's personnel rules and policies to ensure compliance with current applicable laws and regulations. REPORT SUMMARY: Analysis of the City's rules, policies, memorandums of understandings and letters of agreement reveal a need for a comprehensive legal review of personnel related documents. The City's rules have not been substantially reviewed since 1987. The City's administrative policies have not been revised since 1993. The City's rules and policies are not only critical to efficient and economical provision of service to the public, but insure fair treatment for those who compete for employment and promotion. The rules define the obligations, rights, privileges and prohibitions that are placed upon City employees. Current City rules and policies are the first line of defense should an individual allege unfair treatment regarding employment practice, discrimination or harassment. This also sets forth expectations regarding prohibition of on duty drug or alcohol use, safety standards and work rules Some of the more serious compliance issues revolve around Workplace Harassment, the Fair Labor Standards Act, Injury and Illness Prevention Program, and the Drug-Free Workplace Act. While the Human Resource Analyst has been drafting revisions to the City's policies over the last two years, a meeting with attorney Richard C. Bolanos of Liebert Cassid~, and Whitmore confirmed the need for an immediate comprehensive review of not only the policies, but also the City's rules and other documents defining the City's personnel system. This legal review and revision of the City's Personnel Rules and Regulations would be coordinated with the City Attorney. FISCAL IMPACTS: Liebert Cassidy Whitmore submitted an estimate not to exceed $14,100 for a review of personnel rules and regulations and development of updated policies.. Funding for this is not available in the Human Resources program budget. If this work is approved, funding would need to come from theContingency. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Do not review and revise personnel rules and regulations, risking potential legal action. ALTERNATIVE ACTION(S): Direct staff to continue revising thc personnel rules and regulations individually, as time permits, and have the Assistant City Attorney review as authorized by thc City Manager. Legal costs will continue to be incurred, although gradually. Prepare a formal request for bids. FOLLOW UP ACTION(S): Develop a contract with Liebert Cassidy Whitmorc, initiate the review, and include cost in the mid-year budget adjustments. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Liebert Cassidy Whitmore Proposal Resolution RESOLUTION NO.- 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE APPROPRIATION OF $14,100 FOR A REVIEW OF PERSONNEL RULES AND REGULATIONS AND DEVELOPMENT OF UPDATED POLICIES WHEREAS, an analysis of the City's rules, policies, memorandums of understanding and- letters of agreement reveal a need for a comprehensive legal review of personnel related documents; and WHEREAS, the City's rules and policies are not only critical to efficient and economical provision of service to the public, but insure fair treatment for those who compete for employment and promotion; and WHEREAS, current City rules and policies are the first line of defense should an individual allege unfair treatment regarding employment practice, discrimination or harassment; and WHEREAS, attorney Richard C. Bolanos of Liebert Cassidy and Whitmore confirmed the need for an immediate comprehensive review of not only policies, but also City's rules and other documents defining the City's personnel system; and WHEREAS, this legal review and revision of the City's Personnel Rules and Regulations would be coordinated with the City Attorney; and WHEREAS, Liebert Cassidy and Whitmore submitted an estimate not to exceed $14,100 for a review of personnel rules and regulations and development of updated policies. NOW, THEREFORE BE IT RESOLVED, the adjustments below to the City of Saratoga's Fiscal Year 2001-02 budget will be made using the following entries: 001 - 1045-513-40.10 001-1010-511-50.02 Contract Services Contingency $14,100 Expenditures Revenues (Debit) (Credit) $14,100 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17th day of October, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: John Mehaffey, Mayor Cathleen Boyer, City Clerk 6033 ~ Cr~rrom' Bom.m, aaD. Sr. J1T~ 601 LOS A~Ge~s. Cauro~ 90045 T; (310) 981-2000 F: (310) 337-0837 LIEBERT CASSIDY WHITMORE A PROFESSIONAL LAW CORPOgATION 2570 Wss'r EL C_aiVlltqO ll~L. Sm-rs 600 Motli~rr~llq Vt~v. Cal.lrol~ 940,~0 T: (650) 941-9333 F; (650) 941-9476 September 11,2001 Lori Bums Human Resources Analyst City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 CONFIDENTIAL VIA FACSIMILE (408) 868-1200 Re: Personnel Rules and Policies Dear Lori: It was a pleasure meeting with you and Lorrie Tinfow to discuss having Liebert Cassidy Whitmore review the City's existing personnel rules and regulations. I understand the City is interested in having all of its current roles, regulations and policies reviewed to ensure they comply with applicable laws and regulations. The City is also interested in having the rules reorganized into a more comprehensive and administratively efficient format. Presently, the City's rules are found in a variety of locations, including memoranda of understanding, an employee handbook, the City's personnel manual, City Council resolutions, and standalone personnel policies. This is to provide the City with a preliminary cost estimate for the project and a time-line for completion. Drawing from our firm's experience in undertaking projects of this nature, I would estimate eighty (80) hours of attorney time to complete the project. This would be broken down as follows: twenty (20) hours to gather and review all of the City's personnel rules, regulations, policies and procedures and recommend the most efficient and effective manner for reorganization of those provisions. Included in this phase of the project would be our legal review of the City's policies and recommendations for compliance with applicable state and federal laws. In the event it is recommended and decided that the existing rules will be updated in their present form, I would estimate an additional twenty (20) hours for the project. If however, it is recommended and decided that a new, comprehensive personnel manual be developed to incorporate all existing and necessary City policies, I would estimate an additional sixty (60) hours for that phase of the project. www. lcwlegal.com Loft Burns September 11,2001 Page 2 Associate attorney Deborah Leon would work on the project and I would serve as the partner overseeing the work. My hourly rate is $225.00 and Deborah's is $170.00. Deborah would perform the bulk of the project, with my time limited to consulting with her as necessary and reviewing the final product. Estimating partner review time to take ten hours, the total estimated dollar cost for the project would be $14,100.00. Because Deborah is on a part-time schedule, I would estimate 3 months to complete the project. I trust this information is helpful to you in evaluating the contemplated project. Please do not hesitate to contact me directly should you need any additional information or if you have any questions regarding this estimate. Thank you for your interest in Liebert Cassidy Whitmore and I look forward to hearing from you. Sincerely, LIEBERT CASSIDY WHITMORE Richard C. Bolanos RCB/rt 16~6.1 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: October 17, 2001 AGENDA ITEM CITY MANAGER: q ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: Consider Requests to Join Friend of the Court Briefs in Loewenstein v. City of Lafayette RECOMMENDED ACTION: Authorize the City of Saratoga to join the friend of the court brief being prepared in Loewenstein v. City of Lafayette. REPORT SUMMARY: The courts authorize amicus ("friend of the court") briefs in cases where the amici have an interest in the case and would provide an additional perspective to that being provided by the parties to the case. The City's support is currently being sought in Loewenstein v. City of Lafayette, a case of possible concern to the City. Loewenstein arises out of the City of Lafayette's denial of a lot line adjustment. The City is appealing the Superior Court's decisions that (1) the denial of the lot line adjustment constituted a taking even though the property owner had not submitted even one development application for the undeveloped parcel involved in the lot line adjustment and (2) the city must compensate the property owner for the two year delay in developing the property due to the denial and subsequent litigation. The arguments that will be advanced in the amicus brief are described in the attached letter from the City of Lafayette. I summary, the amicus brief will argue (1) the takings claim should not have been considered because the landowner had not received a final decision from the City on the permissible uses of the undeveloped parcel; (2) there can be no taking where the regulatory delay is due to a City's good faith error of law; and (3) a good faith two year delay in the development process does not have an unduly severe economic impact or interfere with reasonable investment expectations. FISCAL IMPACTS: None. There is no cost to join the brief. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The City would not join the amicus brief. FOLLOW UP ACTIONS: City Attorney will report on the decision of the court when issued. ATTACHMENTS: Letter describing amicus brief. 2 Charles J. Williams SBlrrE, M I RALY oS' CHARLES J. WILLIAMS a Profezzional C~rl~oratton Muir Parkway 1330 Arnold Drive, Suite 149 Martinet, CA 94553 MzMo urd. Telephone: (925) 228-3840 Facsimile: (925) 228-I703 E-Mail: ChaaLawl~l.a. OL.com 002/006 To: From: Date: It,e: California City Attorneys Charles J. W'dliams, City Attorney E. Clement Shute, Special Counsel October 2, 2001 Reques~ to Cities to loin as Amkms Curiae in Loewenst.e. inv. City of]Lafayette (No. 8093590, Court of Appeal of the State of California, First Appellate Di~a-ict) On behalf of the City of Lafayette ("City"), we join with the League of Californi.a,Cities in urging you to join in an amicus curiae brief which will be filed in the First District Court ~}f Appeal in Lowenstein y. City of Lafayette. The amicus brief is being prepared by Andrew Schwartz, Deputy City Attorney ofthe City of San Francisco. There is no ce.st to your city to join in the amicus brief. The remainder of this memorandum sets forth the background of the case and why the issues raised are of major significance to cities. 'CAS]/ SI3VIMARY The principal issue in this case is whether the City is liable to the property owner for a compensable taking of private property for the two year period during which the City's denial of his application for a lot line adjustment was in effect. The plaintiff property owner lives on a three (3) acre parcel that is part of subdivision limited to four building sites. A condition of the mbdivision's approval proMbited further subdivision of the four lots without City approval. At, er building his home and living there for years, the property owner paid $13,500 to acquire an abandoned water district tank site for .the purpose of combining it with his existing three (3) acre residential parcel and then splitting the resulting parcel into two residential parcels. The tank site was a substandard, but legal non- conforming parcel. The property owner thus sought to use the lot line adjustment process, thereby avoiding the subdivision process, to create a fifth building site in the subdivision. After the City denied the property owner's application for a lot line adjustment, the property owner filed a lesal action asserting two claims: a writ of mandate to compel ilie City to 10/12/01 13:58 ~ SHIYrE,MIHALY 003/006 grant the lot line adjustment and an inverse condemnation claim for damages. The trial court granted, the petition for writ of mandate and held, following the trial of the inverse condemnation claim, that the City's denial of the application for a lot line adjustment deprived the property owner of substantially ali economically viable use of his property. The trial court awarded. damages in the amount of$611,666.66. The court denied the City's motion for a new trial. The City hereafter converted the . alleged permanent taking to .a temporary taking by rescinding its denial and approving the application for a lot line adjustment. WHY THIS' CASE MERITS CITY ATTENTION This case presents issues of major significance tO cities involving the law of inverse condemnation. First, a taking was found notwithstanding the property owner's failure to submit even one developmem application, contrary to established principles of ripeness. The court relied on the extremely narrow futility exception, even though there was no dispute that, without the lot line adjustment, the property was legally .developable and could support a single family residence of substantial vaIue. If upheld, the ruling would broaden the futility exception and encourage property owners to bring takings challenges against preliminary land use decisions. Second, the takings claim was based solely on the City's allegedly improper denial of a l°t line adjustment. The facts of the case are very similar to those ofLandgate v. California:Coastal CommissiOn (1998) 17 Cal.4'h 1006, 73 Cai_ Rptr.2d 841, in which the California Supreme Court rejected a takings claim based on the Coastal Commission's legally erroneous but good faith assertion of jurisdiction over a lot line adjustment. The court in the present case properly held that there was no taking under Landgate. since the City's denial of the lot line adjustment, though legally erroneous, was reasonable and in good faith. But while this should have ended the inquiry the court went on to undertake a second takings analysis under Penn Cent.r.~ and found that a tal~g.had oc, c~rred. By ruling that a normal delay in development caused by preliminary litigation is a' Compensable takings, the decision could have a chilling effect at every step, of the decision making process. Third, the court applied thc Penn Central factors to find a taking even though the plaintiffs had suffered, at most, a restriction in their ability to expand the size of then' existing, developable lot. The decision runs counter to a long line of precedent holding that a mere'diminution in the value of property is not sn6qclcnt to cffeci a taking. THE AMICUS BRIEF Amicus City and County of'San Francisco will address three issues in its brief on beb_.~ifof California cities. First, it will argue that the trial court should not have reached the takings claim because the claimants failed to secure a final decision regarding the permissible level of development on thc tank site. The United States Supreme Court ha~ consistently affirmed that the final decision ripeness doctrine is crucial to the preservation of government's flexibility to regulate land use in the public interest. Allowing landowne~ to bring takings claims st~alglaI to 10/12/01 15:$8 ~ $]ttrI~,MIHALY 004/006 grant the lot line adjustment and an inverse 'condemnation claim for damages. The trial court granted the petition for writ of mandate and held, following the trial of the inverse condemnation claim, that the City's denial of'the application for a lot line adjustment deprived the property owner of substantially all economically viable use of his property. The trial court awarded damages in the amount of$611,666.66. The court denied the City's motion for a new trial. The City hereafter converted the alleged permanent taking to a temporary taking by rescinding its denial and approving the application for a lot line adjustment. WHY THIS CASE ME~TS CITY ATTENTION This case presents issues of major significance to cities involving the law of inverse condemnation. First, a taking was found notwithstanding the 'propertY owner's failure to submit even one development application, contrary to established principles ofriperiess. The court relied on the extremely narrow futility exception, even though there Was no dispute that, without the lot line adjustment, the property was legally developable and could support' a single family residence of substantial value. If upheld, thc ruling would broaden the futility exception and encourage property owners to bring talcings challenges against preliminary land usc decisions. Second, the takings dalm was based solely on the City's allegedly improper denial of a lot line adjustment. Thc facts &the case are very similar to those ofLand_~_te__v. Califomia,Coastal. Commission (1998) 17 Cal.4~ I006, 73 Cal. Rptr.2d 841, in which the C~lifornia Suprerhe Court ' rejected a takings claim based on the Coastal Commission's legally erroneous but good faith assertion of jurisdiction over a lot line adjustment. The court in the present case' prope, rly held that there was no taking under _Landgate since the City's denial ofthe lot line adjustment, though legally erroneous, was reasonable and in good faith. But while this should have ended the inquiry the court went on to undertake a seCond takings analysis under Penn Central and found .that a taking had occurred. By ruling that a normal delay in development caused by preliminary litigationis a compensable takings, thc decision could have a chilling effect at every step of the decision making process. Third, the court applied the Penn Central factors to find a taking even though the plaintiff-~ had suffered, at most, a restriction in their ability to expand the size of their existing, developable lot. The decision runs counter to a long line of precedent holding that a mere diminution in the value of property is not sufficient to effect a taking. AMICUS BRIEF Amicus City and County of San Francisco will address three issues in its brief on behalfof California cities. First, it will argue that the trial court should not have reached the takings claim because the claimants failed to secure a final derision regarding the permissible level of development on the tank site. The United States Supreme Court has consistently ~Bqrmed that the final decision ripeaums doctrine is crucial to the preservation of government's flem'bility to regulate land use in the public interest. Allowing landowners to bring'takings claims sh~aight to 10/12/01 13:59 ~ SHI~'E,MIHAL¥ 006/006 court, without obtaining a determination as to thc level of development to the local agency will allow, undermines every city's administrative land use regulatory process. Second, San Francisco will argue that Landgate imposes a blanket rule controlling every takings claim arising from regulatory delay. Under Landgate, a regulatory delay claim is not compensable as a taking, even if the exercise of regulatory authority is later determined to be erroneous, if that authority is exercised under a good faith belief in its validity. Application of the Penn Central three-factor Test to a regalatory delay case would eviscerate Landgate, exposing local government agencies to massive liability for takings. Third, even if the appellate court disagrees and affirms the trial courts' decision to apply Penn Central, San Francisco will argue that the City of Lafayette's temporary interference with the claimants' use ofthe tank site did not effect a taking. Penn Central requires an analysis of three factors: (I) the economic impact of the challenged regulation; (2) the claimants' reasonable, investment-backed expectations; and (3) the character of the government action, (t~enn Central, 438 U.S. at p, 124.) San Francisco will demonstrate that a delay in development occasioned by a local agency's delay in approval ora.lot line adjustment cannot constitute a taking under any of the Penn Central factors. The Appellate Advocacy Committee of the California League of Cities urges all California cities to join in this important amicus effort. Currently it is anticipated that the amicus brief'will be filed concurrently with the City of Lafayette's opposition brief on or about December 20; 20.01. If your city is willing to join as an amicus party, please obtain the necessary authority and return the enclosed consent form by facsimile or first class mail as soon as poss!ble but no later than November 15, 2001. Ify0u need further information, please do not hesitate to call either Charles J. W'tlliams, Lafayette City Attorney ((925) 228-3840) or Osa Armi of the law firm of Shute, Mihaly & Weinberger ((415) 552-7272). We look forward to receiving your support.