HomeMy WebLinkAbout12-19-2001 City Council Agenda PacketARCHIVE COPY
AGENDv,
REGULAR MEETING
SARATOGA CITY COUNCIL
December 19, 2001
OPEN SESSION - 6:00 P.M.
ADMINISTRATIVE CONFERENCE ROOM - 13777 FRUITVALE AVENUE
COMMISSION INTERVIEWS
6:00 p.m. Gloria H. Felcyn Finance Commission
CALL MEETING TO ORDER - 6:15 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
ADJOURNED TO CLOSED SESSION - 6:15 P.M.
Conference With Legal Counsel - Existing Litigation:
(Government Code section 54956.9(a))
Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara
County Superior Court No. CV-803540)
Significant exposure to litigation pursuant to Government Code section 54956.9(b):
(1 potential case.)
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
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
December 14, 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.
Appointment and Oath of Office of Arts Commission Members
Recommended action:
Approve Resolution of Appointment.
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 -December 12, 2001
Recommended action:
Note and file.
2C.
Approve resolution confirming Council Agency and Commission Liaison
Appointments
Recommended action:
Adopt resolution.
Agenda 2 December 19, 2001
2D.
Approve resolution confirming ABAG Plan BOard of Directors
Recommended action:
Adopt resolution.
2E.
Final Map Approval for Five Lots Located at 14221 Saratoga -Sunnyvale Road
Recommended action:
Adopt resolution granting final map approval and-authorization to Mayor to
execute the Subdivision Improvement Agreement.
PUBLIC HEARINGS (Applicants/Appellants and their representatives have a total of
ten minutes maximum for opening statements. Members of the public may comment on
any item for up to three minutes. Applicant/Appellants and their representatives have a
total of five minutes maximum for closing statements. Items requested for continuance
are subject to Council's approval at the Council meeting)
Use of City Parks for Recreational Sporting Events: Draft Parks and Recreation
Ordinance
Recommended action:
Introduce and waive first reading of ordinance.
OLD BUSINESS
None
NEW BUSINESS
Citizen Oversight Committee Report
· Recommended action:
Informational only.
o
2001-2006 Capital Improvement Plan - Appropriations
Recommended action:
Adopt resolution.
Amending the Deferred Compensation Plan and Trust
Recommended action:
Adopt resolution.
County Supervisor's Request for Council Appointment to the Policy Advisory
Board (PAB) for the Comprehensive County Expressway Planning Study
Recommended action:
Appoint one Councilmember and an alternate to the PAB.
COMMISSION ASSIGNMENT REPORTS
Planning Commission
Parks and Recreation Commission
Finance Commission
Library Commission
Baker
Streit
Mehaffey
Bogosian
Agenda 3 December 19, 2001
Public Safety Commission
Heritage Preservation Commission
Youth Commission
Gateway Task Force
Library Expansion Committee
Bogosian
Waltonsmith
Waltonsmith
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)
SCHEDULED CITY COUNCIL MEETINGS
January 2, 2002
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Saratoga, California
7:00 p.m.
January 8, 2002
Adjourned Meeting - Joint Session
Youth Commission & Library Commission
Adult Day Care Center
19655 Allendale Avenue
Saratoga, California
7:00 p.m.
January 16, 2002
Regular Meeting/Council Chambers
13777 Fruitvale Avenue
Sagatoga, California
7:00 p.m.
January 22, 2002
Adjourned Meeting - Joint Session
Public Safety Commission, Saratoga Union
School District, Cupertino School District,
Campbell Union School District
Adult Day Care Center
19655 Allendale Avenue
Saratoga, Califomia
7:00 p.m.
Agenda 4 December 19, 2001
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001 AGENDA ITEM:
ORIGINATING D/E~ T~t/~ty Manager
CITY MANAGER:
DEPT HEAD:
SUBJECT: Commission Interview for Finance Commission
RECOMMENDED ACTION:
That Council conduct interview fOr the Finance Commission.
REPORT SUMMARY:
The following person has been scheduled for an interview:
6:00 p.m. Gloria H. Felcyn Finance Commission
There is one (1) vacancy to be filled on the Finance Commission resulting from the resignation
of Ernest Brookfield.
The term for this vacancy will expire on 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 resolution and administer Oath of Office at scheduled Council Meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A- Applications of the above named applicant.
CITY OF SARATOGA
COMMISSION APPLICATION FORM
DATE: 12/3/01
COMMISSION APPLYING FOR:
Gloria H. Felcyn
MS.
MRS.
MR.
TELEPHONE: (408) 867-2044 (aoR) Rfi7-71 On
HOME WORK
ADDRESS: 20440 Williwma Ave Saratoga, Ca 95070
YEAR YOU BECAME A SARATOGA RESIDENT: 1974
WOULD YOU BE ABLE TO ATTEND DAYTIME MEETINGS? Yes
WOULD YOU BE ABLE TO ATTEND EVENING MEETINGS? Yes
BRIEFLY DESCRIBE YOUR INVOLVEMENT IN EACH OF THESE AREAS
CURRENT OCCUPATION AND EMPLOYMENT HISTORY:
Currantly a~,,,-.--~Liz~d p~uLiuing CPA
See Attached Resume
EDUCATIONAL BACKGROUND:
B/S Business Economics
4
ADDITIONAL INFORMATION OR COMMENTS:
REFERENCES:
1. Robert & Cindy Rockwood
(408) 741-0189
2. John Mallent Esq. (408) 996-3242
3. Chris Cubbage, Comerica Bank (408) 556-5000 X 2103
PRINT NAME: GLORIA H. FELCYN
SIGNATURE:
5
CLORIA H. FELCYN
CERTIFIED PUBLIC ACCouNTANT
20440 WiLLiAMS AVENUE SARATOGA CA 95070
TEL: (408) 867-7100 FAX: (408) 741-3451 emai/: £e/cync~ix. netcom, com
RESUME
5UMMARY:
Over 25 years' experience in finance and accounting w/th emphasis in financial and tax
planning. Extensive background in corporate finance. Strong leadership and administration
capabilities. Successfully defended complex corporate accounting and tax matters and
settlement of disputes at IRS and State tax levels. Have administered all financial and tax
aspects of business mergers, Acquisitions and dissolutions. Extensive background in Estates
and Trusts including the preparation of Form 706, Estate 'Tax Return with emphasis in
minimization of Estate Tax through the use of sound valuation principles. Skilled in profit
improvement through sound tax planning and financial guidance.
WORK BACKGROUND
i 982 throuqh present..
Gloria H. Felcyn, CPA
TeL' (408) BG7-7100
A Professional Corporation Post Office Box 989, Saratoga Ca 95071
Fax: (408) 741-3451 ernaiL' felcync~ix, netcorn, com
Clients include individuals, Corporations, Limited Liability corporations & partnerships,
Estates and Trusts. Professional services include financial and business services, Investment
and Profit Improvement Planning, Tax services and Tax Audit Support and L/t/gat/on. Extensive
Involvement w/th services relating to Estates and Trusts administrat/on.
1975 throuqhJuly, 1982:
5chulrnan Real Estate Management Co., 11300 Weddington St., North Hollywood, Ca g 1601
Responsibilities included all aspects of domestic and international financial and tax
planning emphasizing partnerships, corporations and individuals. Extensive experience in the
area of Supervision of personneL Traveled to and incorporated the use of tax treaty regulations
of numerous foreign tax jurisdictions.
OLORIA H. FELCYN, CPA
Continued - Page 2
1965 throuqh 1975:
Price Waterhouse & Co., San Francisco, Ca 'and New York City offices
Main, Hurdman & Cranston, San Francisco, Ca
Seven years' experience as Senior Tax SpeCialist with-Big "8'" and National CPA firms.
Experience included ail phases of accounting-and taxation, including tax returns and tax
research. Clients included individuals, corporations, partnerships, estates and trusts and
charitable organizations. Prepared financial statements, supervised tax return preparation and
other compliance work. Assisted in corporate reorganizations, liquidations and dissolutions.
Supervised setting up accounting and financial reporting systems. Successfully negotiated
settlements of IRS assessments.
EDUCA T/ON
Bache/or of Science. - Trinity University, Texas (1968)
Major: Bus/ness Economics
PROFESSIONAL:
Published Writings
Author of Artic/e in THE TAXADVISOR, July, 1974
Topic: "Nonresident Afien Beneficiaries"
Co-author '"INTERNATIONAL TAX PLANNING, published 1982
MEMBERSHIPS
American institute of Certffk'ed Public Accountants
REFERENCES
Professional, business and personal references availab/e.
FIE~: AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
GL ORIA H. FEL C YN, CPA
A PROFESSIONAL CORPORA T/ON
TEL: (408) 867-7100
FAX: (408) 741-3451
~. il: felcirngix, netcom, corn
POST OFFICE BOX 989
SARATOGA, CA 950-71-0989
December 3, 2001
Saratoga City Clerk
13777 Fruitva!e Ave.
Saratoga, Ca 95070
Dear Sirs:
Re: Finance Commission Position
I am interested in applying for the Finance Commission Position.
find enclosed a copy of my Resume.
Please
I have lived in Saratoga since 1974.
since 1982 and several years ago
practice of Public Accounting.
I have owed my Accounting Practice
decided to semi-retire from the
I have a wealth of experience with Budgeting and Audit reviews and would
enjoy the opportunity to assist the City in which I live.
Cordially yours,
Gloria H. Felcyn/} CPA
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001
ORIGINATING D~er
PREPARED
AGENDA ITEM:
CITY MANAGE~~-~ .~'-~
DEPT HEAD:
SUBJECT: Appointment of Arts Commission Members and Oath of Office.
RECOMMENDED ACTION:
That Council approve the attached resolution appointing Mary Ann Henderson, Betty Peck,
Leroy Murray, Lisa Pontier de Mattei, and Mary Lou Taylor to the Arts Commission.
REPORT SUMMARY:
Attached is the resolution appointing Mary Ann Henderson, Betty Peck, Leroy Murray,
Lisa Pontier de Mattei, and Mary Lou Taylor to the Arts 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 Arts 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. O1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA APPOINTING FIVE MEMBERS TO THE
ARTS COMMISSION
WHEREAS, at its September 5, 2001 City Council meeting the City Council adopted
Resolution 01- 058 establishing the Saratoga Arts Commission; and
WHEREAS, the Saratoga Arts Commission will strive to foster, encourage, and assist the
realization, preservation, and advancement of the arts for the benefit of the citizens of Saratoga;
and
WHEREAS, a notice of vacancies was posted, applications were received, interviews have been
conducted, and it is now appropriate to fill the positions.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the
following appointments were made for terms expiring April 1, 2006:
Betty Peck
Lisa Pontier de Mattei
Mary Ann Hnederson
Mary Lou Roper
Leroy Murray
The above and foregoing resolution was passed and adopted at an adjoumed meeting of the
Saratoga City Council held on the 19th day of December 2001 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Nick Streit, Mayor
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Leroy Murray, 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.
Leroy Murray, Member
Arts Commission
Subscribed and sworn to before me on
this 19th day.of December 2001.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Mary Ann Henderson, 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.
Mary Ann Henderson, Member
Arts Commission
Subscribed and sworn to before me
on this 19~h day of December 2001.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Mary Lou Taylor, 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.
Mary Lou Taylor, Member
Arts Commission
Subscribed and sworn to before me
on this 19th day of December 2001.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Betty Peck, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of Califomia 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.
Betty Peck, Member
Arts Commission
Subscribed and sworn to before me
on this 19th day of December 2001.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Lisa Pontier de Mattei, 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 dutie~ fipon
which I am about to enter.
Subscribed and sworn to before me
on this 19th day of December 2001.
Cathleen Boyer, CMC
City Clerk
Lisa Pontier de Mattei, Member
Arts Commission
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001
AGENDA ITEM:
PREPARED BY: ~t~t . ~_~'0 DEPT HEAD.~,~, ' ~,~ ?~ ~~~- .
SUBJECT: Check Registers: 12/7/01
RECOMMENDED ACTION(S):
Approve the Check Registers.
REPORT SUMMARY:
Attached are the Check Registers.
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
None
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None
ATTACHMENTS:
Check Register Certification.
IFund# Fund Name
AP cHECKS A87177-87322
Date Manual Void Total
12/7101 Checks Checks
1
100
110
150
160
170
180
250
26O
270
290
291
292 ''
293
300
310
320
400
410
42O
700
710
720
730
740
800
810
830
990
ISubtotal
GENERAL
COPS-SLESF
Traffic Safety
Streets & Roads
Transit Dev
Hillside Repair
LLA Districts
Dev serVices
Environmental
Housing & Comm
Recreation
Teen SerVices
FaCility Ops
Theatre Surcharge
State. Park
Park Develpmt
'Library Expansion
Library Debt
Civic Cntr COP
Leonard Creek
Quarry Creek
Heritage Prsvn
Cable TV
PD#2
PD #3
Deposit Agency
Deferred Comp
Payroll Agency
SPFA
90,386.82 10,597.95 (359.70)
9,890.90
3,610.67
16,376.41
17,464.87
29,915.67
636.74
377.91
4,313.60
170,050.54
77,450.97-
102,950.00
523,425.10
12,179.13
302.74.
23,079.82
(359.70)
PAYROLL CHECKS: B27354-27388
TOTAL
Prepared by:
Date:
PREPARED 12/07/2001, 9:26:40 EXPENDITURE APPROVAL LIST PAGE 1
PROGRAM: GM339L AS OF: 12/07/2001
CITY OF SARATOGA -2 ......~ .........~ ..................................................
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
0000003 A & M MOTOR SUPPLY
15213 002512 20025 12/04/2001
0000004 A RENTAL CENTER
AR189919PG 002514 12/04/2001
0000010 ABAG POWER PURCHASING POOL
100018370~ 002517 20035 12/04/2001
0000011 ABLE RIBBON TECHNOLOGY
115523 002632 12/05/2001
0000913 AMARO, RICHARD
11/12/01 002547 .12/04/2001
0000603 AMERICAM SERVICES GROUP
119-179 002567 12/05/2001
0000031 ASHBY, DAVID
22 002737 12/06/2001
0000040 BANDA, MASANKHO
4-1400 002609 12/05/2001
0002445 BANK OF SACRAMENTO
RETENTION #4 002534 20081 12/04/2001
0002095 BITTICK'S CARPET
30544 002634 19985 12/05/2001
0000005 BOREDNER, DENISE
1967 002587 12/05/2001
0002048 BOREL, KRISTIN
002619 12/05/2001
11/30/01 00262O 12/05/2001
11/01/01 002621 12/05/2001
10/25/01 002622 12/05/2001
0002049 BOYER, CATHLEEN
001-1035-512.30-01 MIN. LAMP 2.57
VENDOR TOTAL * 2.57
001-3030-532.40-30 SFJ%LL EQUIP RENTAL 24.20
VENDOR TOTAL * 24.20
001-1060-513.40723 NAT. GAS/POWER POOL 1,610.00
VENDOR TOTAL * 1,610.00
001-2010-522.30-01 PRINTER CARTRIDGES-CSO 55.00
VENDOR TOTAL * 55.00
150-3020-532.30-01 ~ REIMB. 11/12/01 10.00
VENDOR TOTAL * 10.00
001-1060-513.40-14 DISHWASHER REPAIR/SUPPLY 220.86
VENDOR TOTAL * 220.86
001-3030~532.30-30 CAPCA MEMBERSHIP REIMB. 100.00
· .... ' 'VENDOR TOTAL * 100.00
290-6005-564.40-10 INSTRUCTOR FEE 432.00
%~NDOR TOTAL * 432.00
310-9010-622.40-10 10% RETENTION-CONG. SPR. 16,869.50
VENDOR TOTAL * 16,869.50
001-1060-513.40-10 INSTALL FLOOR COVERING 2,529.15
VENDOR TOTAL * 2,529.15
290-6005-445.04-00 CLASS REFUND 39.00
VENDOR TOTAL * 39.00
001-1050-513.30-01 COFFEE/SUPPLIES REIMB. 22.35
001-1050-513.30-01 COFFEE/SUPPLIES REIMB. 22.35
001-1050-513.30-01 COFFEE/SUPPLIES REIMB. 8.45
250-4010-542.30-01 REFERENCE BOOK REIMB. 79.00
VENDOR TOTAL * 132.15
PREPARED 9:26:40 EXPENDIT%rRE APPROVAL PAGE 2
PROGRAM: GM339L AS OF: 12/07/2001
CITY OF SARATOGA
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE FA-ND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
0002049 BOYER, CATHLEEN
10/12-11/30/01 002569
12/05/2001 001-1030-511.40-05
0000005 BROWN, DIANE
1966 002588
12/05/2001 290-6005-445.04-00
0001944 BROWNE, SALLY JO
4-1240-2 002557
12/04/2001 290-6005-564.40-10
0000005 BUCEK, MOLLIE
2111 002751 12/06/2001 290-6005-445.03-00
0000005 CAL PERS
002691'
· 12/05/2001 001-1045-513.40-01
0002129 CALIFORNIA STREET MAINTENANCE, INC.
34030 002549 20039 12/04/2001 260-5015-552.40-10
0000005 CASALE, TONY
11/12/01 002548
12/04/2001 150-3020'-532.30-01
0002069 CDW-G
ET33532 002735
12/05/2001 001-3035-532.30-01
0002123 CELLULAR IMAGE
857 002683
12/05/2001 001-1050-513.40-20
0000076 CEN~Y GRAPHICS
7431 002616
12/05/2001 290-6005-564.30-0i
0001951 CHOPHEL, Fu~.RILYNNE
4-1332 002603 12/05/2001 290-6005-564.40-10
4-1330 002604 12/05/2001 290-6005-564.40-10
4-1329 002605 12/05/2001 290-6005-564.40-10
4-1328 002606 12/05/2001 290-6005-564:.40-10
4-1327 002607 12/05/2001 290-6005-564.40-10
0000085 CITY OF SARATOGA/PETTY CASH
11/14/01 002739 12/06/2001 001-1020-511.40-04
MILEAGE REIMBURSEMENT 17.60
VENDOR TOTAL * 17.60
CLASS REFUND 78.00
VENDOR TOTAL * 78.00
INSTRUCTOR FEE 300.00
~q~NDOR TOTAL * 300.00
TRIP REFUND 100.00
%~NDOR TOTAL * 100.00
CAL PERS CONFERENCE 2001 250.00
VENDOR TOTAL * 250.00
MONTHLY .STREET SWEEPING 8,556.37
VENDOR TOTAL* 8,556.37
MEAL REIMB. il/12/01 10.00
VENDOR TOTAL * 10.00
HP DESIGN JET PAPER 109.79
VENDOR TOTAL '* 109.79
DATA CARLE/KIT 97.19
VENDOR TOTAL * 97.19
SUMMER C/%MP T-SHIRTS 130.84
VENDOR TOTAL * 130.84
INSTRUCTOR FEE 302.40
INSTRUCTOR FEE 248.00
INSTRUCTOR FEE 148.80
INSTRUCTOR FEE 744.00
INSTRUCTOR FEE 694.40
VENDOR TOTAL * 2,137.60
LUNCH MTG. MAYOR/CD DIR. 15.00
PREPPED 12/07/2001, 9:26:40 EXPENDITURE APPROV~ LIST PAGE
PR~RAM: GM339L ~ OF: 12/07/2001
CITY OF SARATOGA
.............................................................................. ~__J ................................................
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DH ACCOUNT ITEM EXPENDITURE HAND-ISS~D
NO NO NO DATE NO DESCRI~ION ' AMOUNT
0000085 CITY OF SARATOGA/PETTY CASH
11/30/01 002746 12/06/2001 001-1035-512.30-01 VEHICLE REGISTRATION FEE 7.00
11/13/01 002738 12/06/2001 001-1050-513.30-01 COFFEE SUPPLIES-VAN GASTE 5.99
11/27/01 002743 12/06/2001 001-1050-513.30-01 COFFEE SUPPLIES-TORRES 3.49
11/28/01 002744 12/06/2001 001-1050-513.30-01 EXPENSE REIMB.-CARDS 12.36
11/14/01 002740 12/06/2001 001-2005-521.30-01 EMSRG. EXERCISE MTG. EXP. 25.00
11/29/01 002745 12/06/2001 001-2010-522.30-01 BATTERIRS-CSO 8.62
11/14/01 002741 12/06/2001 250-4015-542.30-01 FLASHLIGHT BATTERIES 5.92
11/26/01 002742 12/06/2001 320-9010-522.40-10 MTG. REFRESHMENTS-GALINDO 3.99
VENDOR TOTAL * 87.37
0000041 COATS, BARRIE D.
01/640 002617 20020 12/05/2001 250-4010-542.40-10 ARBORIST SERVICES 472.75
01/640 002618 12/05/2001 320-9010-522.40-10 ARBORIST SERVICES 192.00
VENDOR TOTAL * 664.75
0000091 COMMONWHALTH CREDIT UNION
002806 11/30/2001 001-0000-210.20-01 CREDIT UNION #24-01 CHECK #:
VENDOR TOTAL *
INSTRUCTOR FEE
INSTRUCTO~ FEE.
INSTRUCTOR FEE
INSTRUCTQR~FEE
INSTRUCTOR FEE
INSTRUCTOR' FEE
INSTRUCTOR FEE
INSTRUCTOR'FEE
INSTRUCTOR FEE
INSTRUCTOR FEE
INSTRUCTOR FEE
INSTRUCTOR FEE.'
INSTRUCTOR FEE
INSTRUCTOR. FEE~-
INSTRUCTOR FEE
VENDOR TOTAL * 3,403.73
GEOTECHNICAL SVCS. 10/01
GEOTECHNICAL SVCS 10/01
GEOTECHNICAL SVCS 10/01
GEOTECHNICAL SVCS 10/01
GEOTECHNICAL SVCS 10/01
GEOTECHNICAL SVCS 10/01
GEOTECHNICAL SVCS 10/01
GEOTECHNICAL SVCS 10/01
GEOTECHNICAL SVCS. 10/01
· .VENDOR TOTAL * 11,340.50
0001976 CTG '
0000194 COPELAND, DIANA
4-1701-2 002636 12/05/2001 290-6005-564.40-10
4-1702-2 002637 12/05/2001 290-6005-564.40-19
4-1703-2 002638 12/05/2001 290-6005-564.40-10
4-1704-2 002639 12/05/2001 290-6005-564.40-10
4-1705-2 002640 12/05/2001 290-6005-564.40-10
4-1706-2 002641 12/05/2001 290-6005-564.40-~0
4-1707-2 002642 12/05/2001 290-6005-564.40-10
4-1708-2 002643 12/05/2001 290-6005-564.40-10
4-1709-2 002644 12/05/2001 290-6005-564.40-10
4-1710-2 002645 12/05/2001 290-6005-564.40-10
4-1712-2 002646 12/05/2001 290-6005-564.40-10
4-1713-2 002647 12/05/2001 290-6005-564.40-10
4-1714-2 002648 12/05/2001 290-6005-564.40-10
4-1715-2 002649 12/05/2001 290-6005-564.40~10
4-1716-2 002650 12/05/2001 290-6005-564.40-10
0000434 COTTON, SHIRES AND ASSOCIATES INC
115984 002535 20068 12/04/2001 250-4020-542.40ii0
115985 002536 20068 12/04/2001 250-4020-542.40-10
115986 002537 20068 12/04/2001 250-4020-542.40-10
115987 002538 20068 12/04/2001 250-4020-542.40-10
115988 002539 20068 12/04/2001 250-4020-542.40-10
115989 002540 20068 12/04/2001 250-4020-542.40-10
115990 002541 20068 12/04/2001 250-4020-542.40-10
115991 002542 20068 12/04/2001 250-4020-542.40-10
115992 002543 20068 12/04/2001 250-4020-542.40-10
87179 3,843.42
.00 3,843.42
444.60
111.15
111.15
111.15
296.40
296.40
111.15
180.38
222.30
148.20
111.15
407.55
407.55
222.30
222.30
856.25
3,888.07
140.00
169.80
1,920.00
648.20
2,275.'00
992.65
450.53
PREP 9=26=40 EXPENDITURE APPROVAL PAGE 4
PROGRAM: GM339L AS OF: 12/07/20Q1
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
0001976 CTG
CTG45223 002684 12/05/2001
0002335 CUMMING HENDERSON
100521 002529 20037 12/04/2001
100482 002530 20037 12/04/2001
0000754 DAVCO WATERPROOFING SERVICES INC
18842 002669 12/05/2001
0000854 DE P~e~ES, RICK
480 002693 12/05/2001
0000119 DEPARTMENT OP JUSTICE-CASHIER
367478 002730 12/05/2001
367478 002731 12/05/2001
367478 002729 12/05/2001
0000125 DINI, G.
11/01 002767 20084 12/06/2001
0000005 DUNCAN PRINTING
4331 002682 12/05/2001
0000135 DURAN & VEN]UaLES, INC.
7 002566 12/05/2001
0000136 DURAND-BEZAK, MARIA
4-1233 002611 12/05/2001
0002346 ELLE ARNOT
4-1953 002615 12/05/2001
000000S EMERGENCY SERVICE RESTORATION
SFS 3841 002593 12/05/2001
0001002 FEDEX
4-026-01553 002497 11/30/2001
4-026-01553 002496 11/30/2001
001-1065-613.60-06 COMPUTER ROOM SERVER 2,715.60
VENDOR TOTAL * 2,715.60
001-1035-512.40-14 TIRES 255.27
001-1035-512.40-14 TIRES 368.54
VENDOR TOTAL * 623.81
001-1060-513.40-14 ROOF REPAIRS 788.26
~"BNDOR TOTAL * 788.26
001-3035-532.40-01 PAPA MEMBERSHIP REIMB. 30.00
VENDOR TOTAL * 30.00
001o1040-413.05-00 FINGERPRINT PROC-1 PERMIT 32.00
001-1045-513.40-10 FINGERPRINT PROC-1 EMP. 32.00
290-6005-564.40-10 FINGERPRINTING-RECREATION 128.00
VENDOR. TOTAL · 192.00
250-4020-542.40-16 PUELIC WORKS.INSPECTION 2,812.00
.VENDOR-T~TAL * 2,812.00
001-1050-513.30~01 HOliDAY CLOSING S~GNS 02 153.36
· VEND~R: TOTAL. * 153.36
320_9010_522.40_~0 poWER PoLEsi&iSTRiNGERS I2,267.22
VENDoR'TOTAb * 12,267.22
290-600s-564.40-1~ INSTRUCTOR FEE iTS.00
VENDOR TOTAL ' 175.00
290-6005-564.40-10 INSTRUCTOR PEE 236.00
VENDOR TOT~ * 236.00
320-9010-522.40-10 SEWAGE LEAK-TEMP. LIE. 375.00
VENDOR TOTAL * 375.00
001-1020-511.40-2i RICF~RD TAYLOR 33.80
001-1040-5~3.40-21 CA~ORICCI CROPPER & LRRSO 27.56
PREPARED 12/07/2001, 9:26:40 EXPENDITURE APPROV~th LIST PAGE
PROGP. AM: GM339L AS OF: 12/07/2001
CITY OF S~ATOGA
...................................................................... i .... ~ .....~ ................................................
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DU~ ACCOUNT ITEM EXPENDI~'RE P~-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
0001002 FEDEX
4-026-01553 002592 12/05/2001
4-026-01553 002591 12/05/2001
0001767
22285-2
FEHR & PEERS ASSOCIATES INC.
002563 12/05/2001
002803 20060 12/06/2001
0002265 FIELD PAOLI ARCHITECTS, INC.
0100106 002564 . 12/05/2001
0100107 002565 12/05/2001
0001083 FIRST PLACE
31635 002595 12/05/2001
0000162 G.N. RENN, INC.
438017 002528 20030. 12/04/2001
0001794 GACHINA LANDSCAPE MANAGEMENT
A2450 002533 12/04/2001
A2550. 002768 12/06/2001
0000164 GARDENLAND POWER EQUIPMENT
373137 002515 19913 12/04/2001
372101 002516 19913 12/04/2001
372105 002519 12/04/2001
0002323 GENOFF, RICHARD C.
6 002766 19796 12/06/2001
0002464 GH~SEMI, SHEEVA
4-6305 002687 12/05/2001
4-6306 002688 12/05/2001
0000005 GOLDEN STATE COMI~ICATIONS, INC.
26941 002770 12/06/2001
0000183 HAKOME GARDEN FOUNDATION
11/01 002802 12/06/2001
0000005 HASLER, MARILYN
001-3035-532.30-01 ALLIED ENGINEERING 11.96
310-9010-622.40-40 NATIONAL GRANT SERVICES 25.54
VENDOR TOTAL * 98.86
001-3035-532.40-13 TRAFFIC SIGNAL-SEAGULL WY 4,015.68
001-3035-532.40-13 SARATOGA VIL. PRKG. CONS. 1,440.00
U'EHDOR TOTAL * 5,455.68
320-9010-522.40-10 S~M~ATOGA LIB 9/29-11/2/01 56,423.86
320-9010-522.40-10 TEMP. LIB 9/29-11/2/01 1,685.00
VENDOR TOTAL * 58,108.86
250-4015-542.30-01 BLDG. INSP. N~ME PLATES 30.84
VENDOR TOTAL * 30.84
001-1035-512.30-20 GAS, DIESEL & PETROLEUM 782.67
VENDOR TOTAL * 782.67
001-9010-522.40-14 PLA~ING AT COMM. CTR. 91.68
001-9010-522.40-14 PA~L REPAIR-S/S'VALE RD. 117.53
VENDOR TOTAL * 209.21
001-3030-532.30-01 GARDENING SUPPLIES 48.54
001-3030-~32~30-01 GARDENING'SUPPLIES 31.24
001-3030-612.60-04 ECHO BLOWER 371.51
VENDOR. TOTAL * 451.29
310-9010-622.40-10 CONGRESS SPRINGS INSt. 1,330.00
VENDOR TOTAL * 1,330.00
290-6005-564.40-10 INSTRUCTOR FEE 67.50
290-6005-564.40-10 INSTRUCTOR FEE 127.50
VENDOR TOTAL * 195.00
150-30051532.30-01 2-WAY P~IO REPAIR VEH 89 366.50
VENDOR TOTAL * 366.50
001-3030-532.40-71 HAKONE RENT 11/2001 744.38
VENDOR TOTAL * 744.38
PREPARED 12/07/2001, 9:26:40 EXPENDITURE APPROVAL
PAGE 6
PROGRAM: GM339L AS OF: 12/07/2001,
CITY OF SARATOGA
VEND NO VENDOR NAME ,
~TEM
EXPENDITURE
HAI~- ISSUED
INVOICE VOUCHER P.O. cHECK/DUE ACCOUNT
NO NO NO DATE NO DESCRIPTION
AMOUNT
0000005 HASLER, MARILYN
2112 002750 12/06/2001
0000034 HORIZON
5279476-02 002507 20190 12/04/2001
5281616-00 002733 20190 12/05/2001
0001556 HTE USER'S GROUP, INC
HUG02662 002500 12/04/2001
0001905 HUSBANDS & ASSOCIATES, INC.
666679 002810 20174 12/06/2001
0000198 HYDROTEC IRRIGATION EQUIPMENT SVCS
19738 002502 20185 12/04/2001
19739 002503 20185 12/04/2001
19737 002504 20185' 12/04/2001
0001813 I.M.P.A.C. CARD SERVICES
A. SULLIVAN 002703
A. SULLIVAN 002704
C. BO~ER 002706
C. BOYER 002707
D. ANDERSON 002723
A. SULLIVAN 002698
A. SULLIVAN 002699
A. SULLIVAN 002701
A. SULLIVAN 002702
A. SULLIVAN 002705
D. ANDERSON 002722
D. ANDERSON 002724
C. BOYER 002708
C. BOYER 002709
A. SULLIVAN 002700
L. MIYAKAWA 00269~
K. SAXTON-HEINR 002696
L. BURNS 002725
L. BURNS 002726
L. BURNS 002727
L. BURNS 002728
R. KIRK 002711
R. KIRK 002712
K. BOREL 002710
B. TUCKER 002625
K. SAXTON-HEINR 002695
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/o5/2OOl
12/05/2001
12/o5/2OOl
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/05/2001
12/os/2OOl
290-6005-445.03-00 TRIP REFUND 100.00
VENDOR TOTAL * 100.00
001-3030-532.30-01 LANDSCAPE MAT/IRRIG EQUIP 161.34
001-3030-532.30-01 LANDSCAPE MATERIALS/EQUIP 270.74
VENDOR TOTAL * 432.08
001-1040-513.30-30 ANNUAL DUES 120.00
VENDOR TOTAL * 120.00
001-9010-522.40-14 BIKE RACKS 409.10
VENDOR TOTAL * 409.10
001-9010-522.40-14 PARK IRRIG. SYS. UPGRADES 400.00
001-9010-522.40-14 PARK IRRIG. SYS. UPGRADES 12.50
001-9010-522.40-14 PARK IRRIG. SYS. UPGRADES 491.88
VENDOR TOTAL * 904.38
001-1005-511.40-04 COUNCIL MTG. EXP. 11/7/01 2.70
001-1005-511.40-04 COUNCIL MTG. EXP. 11/7/01 13.00
001-1005-511.40-04 COUNCIL MTG. EXP. 11/7/01' 47.49
001-1005-511.40-04 COUNCIL MTG. EXP. 11/7/01 13.16
001-1005-511.40-04 COUNCIL/C. MGR. MTG/KNISS 91.39
001-1020-511.30-01 OFFICE SUPPLIES 3.54
001-1020-511.40~04 AD HOC MTG. EXP. 10/22/01 14.30
001-1020-511.40-04 MEETING*SUPPLIES 80.87
001-1020-511.40-04 AD HOC MTG. EXP.. 11/5/01 47.21
001-1020-511.40-04 AD HOC MTG. EXP. 11/19/01 8.33
001-1020-51~.40-04 DEPT. MGRS. LUNCH-AS DIR 52.15
001-1020-511.30-01 REIMBURSED CE, CARD CHG. 54.37
001-1030-511.30-01 TAPE RECORDER 32.39
001-1030-511.30-31 BROWN ACT REFERENCE 143.00
001-1040-513.40-41 CAFE EXPENSE .. 232.24
001-1045-513.40-01 KAFFRE KLATSCH EXPENSE 21.96
001-1045-513.40-03 CERTIFICATES-EMP. LUNCH 180.00
001-1045-513.40-01 CAL PERS CONF. HOTEL 178.64
001-1045-513.40-01 CAL PELRA TRAINING-LUNCH 18.18
001-1045-513.40-01 CAL PELRA TRAINING-DINNER 30.89
001-1045-513.40-03 EMP. RECOGNITION SUPPLIES 3.22
001-1060-513.30-02 MISC. SUPPLIES 35.60
001-1060-513.30-02 MISC. SUPPLIES 34.37
250-4010-542.30-01 CD STAFF MTG. LUNCH 75.40
290-6005-564.40-01 CONFERENCE LUNCH 22.36
290-6005-564.30-01 PHOTO PROCESSING 7.55
PREPARED 12/07/2001, 9:26:40 EXPENDITURE APPROV~J~ LIST
PAGE 7
PROGP, J%M: GM339L AS OF: 12/07/2001
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
0001813 I.M.P.A.C. CARD SERVICES
K. SAXTON-HEII~ 002697 12/05/2001
B. TUCF~R 002626 12/05/2001
L. MERRI~ 002713 12/05/2001
L. MERRIMAN 002714 12/05/2001
L. MERRI~ 002715 12/05/2001
L. MERRIMAN 002716 12/05/2001
L.TINFOW 002692 12/05/2001
0000200 ICE CHALETS, INC.
4-4303 002578 12/05/2001
4-4301 002579 12/05/2001
4-4313 002580 12/05/2001
0000201 ICMA RETIREMENT TRUST
002805 11/30/2001
0000204 INTERSTATE BATTERY SYSTEM
10062178 002769 20028 12/06/2001
0000209 JAMBLLO, NANCY
4-1317-2 002553 12/04/2001
4-1318-2 002554 12/04/2001
4-1319-2 002555 12/04/2001
4-1320-2 002556 12/04/2001
0001264
JEFFERS, JAMES A.
002749 12/06/2001
002748 20041 12/06/2001
002747 20041 12/06/2001
0001987 JOE A. GONSAL%~ES & SON
11/27/01 002601 20111 12/05/2001
0000005 JOHNSON, DANIELLB
1897 002630 12/05/2001
0002283 JOHNSON, DEXTER
11/17/01 002572 12/05/2001
12/01/01 002573 12/05/2001
0002458 KC ENTERPRISES
290-6005-564.40-51
291-6010-564.40-10
291-6010-564.30-01
291-6010-564.30-01
291-6010-564.30-01
291-6010-564.30-01
320-9010-522.40-10
290-6005-564.40-10
290-6005-564.40-10
290-6005-564.40-10
001-0000-210.20-01
001-1035-512.30-01
290-6005'-564.40-10
290-6005-564.40-10
290-6005-564.40-10
290-6005-564.40-10
001-3035-532.40-16
150-3005-532.40-16
250-4010-542.40-16
001-1020-511.40-10
290-6005-445.04-00
290-6005-564.40-10
290-6005-564.40-10
TREATS- 3 SR~ TRIPS 35.10
WEBSITE HOSTING FEE/MO. 9.95
POSTERS-WHH 96.97
OFFICE SUPPLIES 66.89
MOVIE RENTALS-WHH 8.62
MOVIE RENTAL-WHH 4.31
PRIORITY MAIL EXPENSE 3.90
VENDOR TOTAL * 1,670.05
INSTRUCTOR FEE 38.00
INSTRUCTOR FEE 114.00
INSTRUCTOR FEE 38.00
VENDOR TOTAL * 190.00
RETIREMENT PLAN #24-01 CHECK #: 87178
VENDOR TOTAL * .00
VEHICLE BATTERIES 119.77
VENDOR TOTAL * 119.77
INSTRUCTOR FEE 741.20
INSTRUCTOR FEE 283.40
INSTRUCTOR FEE 423~30
INSTRUCTOR FEE 337.90
VENDOR TOTAL * 1,785.80
PW INSPECTION 185.00
PW INSPECTION 2,516.00
PW-TREE INSPECTION 666.00
VENDOR TOTAL * 3,367.00
LEGAL SERVICES-12/01 3,000.00
VENDOR TOTAL * 3,000.00 .
CLASS REFUND 69.00
VENDOR TOTAL * 69.00
REFEREE 111701 BBALL 2-GM 50.00
REFEREE 120101 BBALL 2-GM 50.00
VENDOR TOTAL * 100.00
4,133.19
4,133.19
PREPARED 7/2001, 9:26:40 EXPENDITURE APPROVAL LIS' PAGE 8
PROGRAM: GM339L AS OF: 12/07/2001
CITY OF SARATOGA ...... j._= .......... . ...... ~ ................................................ C'
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDI'TURE HAND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
................................ i ........................................ ~-- ........................................................
0002458 KC ENTERPRISES
10099 002561
0000005 KEITH, BENNIE
2113 002753
0000005 KLAUS, RENE
1968 002586
0002423 KLEINFELDER, INC.
121459 002811 20214
121576 002812 20214
121666~ 002813 20214
0000466 Kb-tiN, BRIAN
4-3506 002574
4-3508 002575
4-3504 002576
4-3502 002577
000000S LEONG, DENNIS
10729 002558
0000245 LEWIS, HOWARD
11/1/01 002760 20042
11/1/01 002759 20042
11/1/01 002761 20042
0000005 LIBERATORE, CINDY
1969 002585
0002463 MAD DOUG, INC.
4-6303 002685
4-6304 002686
0000005 MANOCHIO, TAMMIE
1970 002584
0002153 MCGRATH RENTCORP-
348443 002551 19979
12/04/2001 001-7020-572.40-10 DECORATIVE VILLAGE LIGHT. 4,375.00
VENDOR TOTAL * 4,375.00
12/06/2001 290-6005-445.03-00 TRIP REFUND 50.00
VENDOR TOTAL * 50.00
12/05/2001 290-6005-445.04-00 CLASS REFUND 49.00
VENDOR TOTAL * 49.00
12/06/2001 260-5015-552.40-10 ENV. ENGINEERING SERVICES 2,577.50
12/06/2001 260-5015-552.40-10 ENV. ENGINEERING SERVICES 436.00
12/06/2001 260-5015-552.40-10 ENV. ENGINEERING SERVICES 5,847.00
VENDOR TOTAL * 8,860.50
12/05/2001 290-6005-564.40-10 INSTRUCTOR FEE 262.50
12/05/2001 290-6005-564.40-10 INSTRUCTOR FEE 57.60
12/05/2001 290-6005-564.40-10 INSTRUCTOR FEE 86.40
12/05/2001 290-6005-564.40-10 INSTRUCTOR FEE 105.00
VENDOR TOTAL * 511.50
12/04/2001' 001-3030-532.30-30 ASSOC. DUES REIMB. 100.00
VENDOR TOTAL * 100.00
12/06/2001 001-3035-532.40-16 PW INSPECTION 92.50
12/06/2001 150-3005-532.40-16 PW INSPECTION 2,007.25
12/06/2001 250-4020-542.40-16 PW INSPECTION 444.00
VENDOR TOTAL * 2,543.75
12/05/2001 290-6005-445.04-00 CLASS REFUND 39.00
VENDOR TOTAL * 39.00
12/05/2001 290-6005-564.40-10 INSTRUCTOR FEE 1,920.00
12/05/2001 290-6005-564.40-10 INSTRUCTOR FEE 2,080.00
VENDOR TOTAL * 4,000.00
12/05/2001 290-6005-445.04-00 CLASS REFUND 39.00
VENDOR TOTAL * 39.00
12/04/2001 001-1060-513.40-31 BLDG RENTAL 11/5-12/15/01 496.80
PREPARED 12/07/2001o 9:26~40 EXPENDITURE APPROVAL LIST PAGE 9
PROGRAM: GM339L AS OF: 12/07/2001
CITY OF SARATOGA
.................................................................................................................................. C-
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
......................................................................................................................
0002153 MCGRATH RENTCORP-
348444 002552 19979 12/04/2001
0000274 MEYERS, NAVE, RIBACK, SILVER
2001100256 002597 20112 12/05/2001
0002348 MIDDLETON, STEVEN
11/17/01 002570 12/05/2001
12/01/01 002571 12/05/2001
0000277 MIKEJS GARDENING
11/1/01 002505 19916 12/04/2001
11/1/01 002506 19916 12/04/2001
0002462 MILLER-STHIGER, MARGARET
4-6301 002689 12/05/2001
4-6302 002690 12/05/2001
0002461 MOMO'S SF GRILL
002758 12/06/2001
0000280 MOORE BUICK
31732 002511 12/04/2001
0000005 MUSGRAVE, RUTH
2114 002752 12/06/2001
0002160 MUSICALME, INC.
4-1914-2 002651 12/05/2001
4-1916-2 002652 12/05/2001
4-1917-2 002653 12/05/2001
4-1918-2 002654 12/05/2001
4-1919-2 002655 12/05/2001
4-1920-2 002656 12/05/2001
4-1921-2 002657 12/05/2001
4-1922-2 002658 12/05/2001
4-1923-2 002659 12/05/2001
4-1924-2 002660 12/05/2001
4-1925-2 002661 12/05/2001
4-1926-2 002662 12/05/2001
4-1927-2 002663 12/05/2001
4-1928-2 002664 12/05/2001
001-1060-513.40-31 BLDG RENTAL 11/8-12/18/01 1,105.92
VENDOR TOTAL * 1,602.72
001-9010-622.40-12 CITY VS. ESTATE OF HINZ 1,355.40
VENDOR TOTAL * 1,355.40
290-6005-564.40-10 REFEREE 111701 BBALL 2-GM 50.00
290-6005-564.40-10 REFEREE 120101 BBALL 2-GM 50.00
VENDOR TOTAL * 100.00
180-3040-532.40-15 GREENBRIAR 185.00
180-3040-532.40-15 HORSESHOE DR. 65.00
VENDOR TOTAL * 250.00
290-6005-564.40-10 INSTRUCTOR FEE 240.00
290-6005-564,40-10 INSTRUCTOR FEEV.. : .' 160.00
VENDOR TOTAL * 400.00
290-6005-564.40-51 SR: TRIP 1/10/02-DEPOSIT 1,004.80
. VENDOR TOTAL * 1,004.80
001-1035-512.40-15 EMERGENCY VEHICLE REPAIRS 15.66
vEnDoR TOTAL. * 15.66
290-6005-445.03-00 ~RIP REFU~'D 50.00
vEnDoR TOTAL * 50.00
290-6005-564.40~10 INSTRUCTOR FEE 271.05
290-6005-564,40-10 INSTRUCTOR FEE 271.05
290-6005-564.40-10 INSTRUCTOR FEE 225.88
290-6005-564.40-10 INSTRUCTOR FEE 225.88
290-6005-564.40-10 INSTRUCTOR FEE 271.05
290-6005-564.40-10 INSTRUCTOR FEE 180.70
290-6005-564.40-10 INSTRUCTOR FEE 271.05
290-6005-564.40-10 INSTRUCTOR FEE 271.05
290-6005-564.40-10 INSTRUCTOR FEE 271.05
290-6005-564.40-10 INSTRUCTOR FEE 271~05
290-6005-564.40-~0 INSTRUCTOR FEE 271.05
290-6005-564.40-10 INSTRUCTOR FEE 271.05
290-6005-564.40-10 INSTRUCTOR FEE 451.75
290-6005-564.40-10 INSTRUCTOR FEE 271.05
PREPARED ~2001, 9:26:40 EXPENDITURE APPROVAL PAGE 10
PROGP, AM: GM339L AS OF: 12/07/20Q1
CITY OF SARATOGA
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE ~ND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
0002160 MUSICALME, INC.
4-1929-2 002665 12/05/2001
4-1930-2 002666 12/05/2001
4-'1932-2 002667 12/05/2001
4-1934-2 002668 12/05/2001
0002296 MUSSON THEATRICAL
00217877 002560 19251 12/04/2001
0000292 NATIONAL PLAN COORDINATOR
002804 11/30/2001
0000005 NGUYEN, HANH
1959 002717 12/05/2001
0000294 NORMAN PAUL PRINT CENTER
12105 002624 12/05/2001
0001997 OFFICE DEPOT, INC.
144762374-001 002672 12/05/2001
145071400-001 002801 12/06/2001
144762374-001 002671 20052 12/05/2001
143639070-001 002798 20052 12/06/2001
143637374-001 002799 20052 12/06/2001
144785307-001 002800 20052 12/06/2001
144765461-001 002590 12/05/2001
0000005 OREGLIA, RACHEL
1971 002583 12/0S/2001
0000862 ORPHEUM THEATRE GROUP SALES
6044 002814 20140 12/06/2001
0000306 PACIFIC BELL
868-9099 002675 12/05/2001
868-9497 002676 12/05/2001
741-2271 002678 12/05/2001
867-8550 002677 12/05/2001
741-1527 002679 12/05/2001
0000307 PACIFIC GAS & ELECTRIC
290-6005-564.40-10
290-6005-564.40-10
290-6005-564.40-10
290-6005-564.40-10
293-6015-614.60-02
001-0000-210.20-01
290-6005-445.01-00
001-4005-542.40-41
001-1040-513.30-01
001-1040-513.30-01
001-1050-513.30-01
001-1050-513.30-01
001-1050-513.30-01
001-1050-513.30-01
292-6020-564.30-01
290-6005-445.04-00
290-6005-564.40-51
001-1050-513.40-20
001-1050-513.40-20
001-1050-513.40-20
001-2005-521.40-20
001-2005-521.40-20
INSTRUCTOR FEE 135.53
INSTRUCTOR FEE 271.05
INSTRUCTOR FEE 22S.88
INSTRUCTOR FEE 180.70
VENDOR TOTAL * 4,607.87
THEATRE LIGHTS/FIXTURES 4,313.60
VENDOR TOTAL * 4,313.60
RETIREMENT PLAN #24-01 CHECK #: 87177
VENDOR TOTAL * .00
SPORTS LEAGUE REFUND 75.00
VENDOR TOTAL * 75.00
LOGO COPIES 27.00
VENDOR TOTAL * 27.00
TABLE TOP-AS 180.63
TABLE BASE-AS 141.22
OFFICE SUPPLIES' 432.85
NAME PLATES. 45.37
NAME PLATES 45.37
CREDIT-DUPLICATE INVOICE 45.37-
COMPUTER SUPPLIES 77.91
~ VENDOR TOTAL * 877.98
CLASS REFUND 39.00
VENDOR TOTAL * 39.00
SR TRIP 2/20/01-TICKETS 2,609.00
VENDOR TOTAL * 2,609.00
DID LINES 1,023.23
SR. CENTER ALARMS 31.32
XEROX MACHINE 14.84
EMERGENCY RESPONSE 127;13
EMP. EMERGENCY # 14.84
VENDOR TOTAL * 1,211.36
1,601.34
1,601.34
PREPARED 12/07/2001, 9:26:40 EXPENDITURE APPROVAL LIST PAGE 11
PROGRAM: GM339L AS OF: 12/07/2001
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
0000307 PACIFIC GAS & ELECTRIC
TVJP736901
002794 12/06/2001
002780 12/06/2001
002795 12/06/2001
002781 12/06/2001
002779 12/06/2001
002796 12/06/2001
002782 12/06/2001
002783 12/06/2001
002784 12/06/2001
002785 12/06/2001
002786 .12/06/2001
002787 12/06/2001
002788 12/06/2001
002789 12/06/2001
002790 12/06/2001
002791 12/06/2001
002792 12/06/2001
002793 12/06/2001
002797 ' 12/06/2001
002808 11/30/2001
0000933 PENINSULA BUILDING MATERIALS
6259938 002732 12/05/2001
0000005 * PERIZZOLO, KAREN
1974 002589 12/05/2001
0002395 PEP, MA-GREEN HYDROSEEDING, INC.
PROGRESS #4 002629 20064 12/05/2001
0000005 PERSICO, RAY
1972 002582 12/05/2001
0001899 PETERS, SCOTT
4-6109-COACHING 002755 12/06/2001
0000979 PETROTEK
064774 002518 12/04/2001
0000335 REEVE, PAULA
002719 12/05/2001
11/8/01 002720 12/05/2001
001-1035-512.30-20 NATURAL GAS/TUBE TRAILER 26.84
001-1060-513.40-23 BUILDINGS 7,313.72
001-3030-532.40-23 pARKs 363.08
150-3005-532.40-23 CITYWIDE STREET LIGHTS 732.84
150-3015-532.40-23 TR~FIC SIGNALS 12.86
150-3015-532.40-23 TEAFFIC SIGNALS 506.83
150-3025-532.40-23 SARATOGA AVENUE 7.29
180-3040-532.40-23 LLA-Z10, 14, 18 14.58
180-3040-532.40-23 LLA-Z9 MCC~TYSVILLE 14.58
180-3040-532.40-23 Z28-KERWIN P. ANCH 7.70
180-3040-532.40-23 Z26-BELLGROVE 482.10
180-3040-532.40-23 Z04-QUITO LIGHTING DIST. 1,034.87
180-3040-532.40-23 VILLAGE LIGHTING 593.14
180-3040-532.40-23 LLA-Z5 200.01
180-3040-532.40-23 LLA-E6 241.76
180-3040-532.40-23 LLA-Z16 EEAUCH~PS 60.49
180-3040-532.40-23 Z29-TOLLGATE 21.87
180-3040-532.40-23 LLA-Z22 7.29
180-3040-532.40-23 VILLAGE PARKING DISTRICTS 682.28
180-3040-532.40-23 STREETLIGHTS-BIG BASIN CHECK #: 87181
VENDOR TOTAL * 12,324.13
150-3010-532.30-01 CURB REPAIR SUPPLIES 35.80
· * VENDOR TOTAL * 35.80
290-6005-445.04-00 CLASS REFUND 264.00
VENDOR TOTAL * 264.00
310-9010-622.40-10 CONG. SPRINGS 9/29-10/30 151,825.50
VENDOR TOTAL.* 151,825.50
290.6005-445.04~00 CLASS REFUND 78.00
VENDOR TOTAL * 78.00
290-6005-564.40-10 COACHING FEE-REDWOOD 1,500.00
VENDOR TOTAL * 1,500.00
001-1035-512.40-15 TANK INSPECTION-HAZ. MAT. 160.50
VENDOR TOTAL * 160.50
001-2005-521.30-01 MEETING EXPENSES-REIMB. 39.94
001-2005-521.30-01 MILEAGE REIMBURSEMENT 8.97
12,179.13
12,179.13
PREPARED 9:26:40 EXPENDITURE APPROVAL PAGE 12
PROGRAM: GM339L AS OP: 12/07/2001
CITY OP SARATOGA
..................................... ~ ................................ 2 ........................................................... ~-
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
............................... ~ ....................................... ? ............................................................
0000335 REEVE, PAULA
0000005 RENTCO FENCE
5011 002513 12/04/2001
0002329 REPUBLIC ELECTRIC, INC.
21158 002765 20066 12/06/2001
0002182 RICK~RT, ODETTE .
4-1313 002608 12/05/2001
0000338 ROYAL COACH TOURS
5630-013 002562 20131 12/04/2001
0002393 SACRED HEART CHURCH
12/01 002594 12/05/2001
O00000S SAFEWAY, INC.
002809 12/04/2001
0000348 ~ SAMPSON, RHEA
4-1908 002612 12/05/2001
4-1909 002613 12/05/2001
4-1910 002614 12/05/2001
0000344 SAN JOSE BLU~ PRINT
7218766 002772 12/06/2001
7214312 002773 12/06/2001
7219720 002774 12/06/2001
7216688 002775 12/06/2001
7213781 002776 12/06/2001'
0002387 SANTA CRUZ SCHOOL EQUIPMENT
2315 002633 19986 12/05/2001
0001473 SARATOGA MEDICAL CLINIC
002596 12/05./2001
000000S SC COUNTY/CITIES MANAGERS' ASSOC.
VENDOR TOTAL * 48.91
001-3030-532.40-30 FENCE/WINDSCREEN RENTAL 400.00
VENDOR TOTAL * 400.00
150-3015-532.40-15 SIGNAL RECONFIGURATION 414.00
VENDOR TOTAL * 414.00
290-6005-564.40-10 INSTRUCTOR FEE 45.00
VENDOR TOTAL * 45.00
290-6005-564.40-51 SR. TRIP 12/16/01-BUS 606.12
VENDOR TOTAL'* 606.12
320-9010-522.40-10 DECEMBER 2001 RENTAL 6,500.00
. . VENDOR TOTAL * 6,500.00
001-1045-513.40-03 EMP. RECOG..HObIDAY.PARTY CHECK #: 87182
'' vENDoR TOTAL * .00
290-6005-564.40-10 INSTRUCTOR FEE 141.60
290-6005-564.40-10 INSTRUCTOR FEE 70.80
290-6005-564.40-10 INSTRUCTOR FEE 399.00
VENDOR TOTA~ * 611.40
001-3035-532.40-41 PARCEL MAPS 37.39
001-3035-532.40-41 PARCEL MAPS - . 19.66
001-3035-532.40-41 PARCEL MAPS · " 36.24
001-3035-532.40~41 PARCEL. MAPS · 15.77
001-3035-532.40-41 STORM DRAIN MASTER PLAN 326.80
VENDOR TOTAL * 435.86
001-1060-513.40-10 BATHRooM PARTITIONS-C CTR 5,820.00
VENDOR TOTAL * 5,820.00
001-1045-513.40-02 PRE-EMPLOYMENT PHYSICALS 262.92
VENDOR TOTAL * 262.92
1,020.00
1,020.00
PREPARED 12/07/2001, 9:26:40 EXPENDITURE APPROyAL LIST PAGE 13
PROGRAM: GM339L AS OF: 12/07~200I
CITY OF SARATOGA ' .___~__u~_i ............................................ ~-
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DU~ ACCOUNT ITEM EXPENDITURE HAND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
.......................... =-= .....................................................
0000005 SC COUNTY/CITIES MANAGERS' ASSOC.
121201 002602 12/05/2001
0000005 SCOTTY'S AUTOMOTIVE
267369 002778 12/06/2001
0000005 SEAGRAVES, MARGARET
2115 002754 12/06/2001
0002457 SENATOR FORD, INC.
11/16/01 002734 20210 12/05/2001
0002164 SENIOR, BRIAN
4-6108-COACHING 002756 12/06/2001
0000912 sE~Juu~o, SERGIO
11/24-11/28-12/ 002763 12/06/2001
11/12/01 002546 12/04/2001
0002179 SHINN, CORINNE A.
11/28/01 002623 20014 12/05/2001
000000S SRI;M, JENNY
53855 002559 12/04/2001
0001843 SHUTE, MIHALY & WEIN~ERGER LLP
3701 002599 20113 12/05/2001
3702 002600 20113 12/05/2001
0000005 SINGER, TERRI
1973 002581 12/05/2001
0002455 SMITH, JAN
4-6300 002635 12/05/2001
0002426 SPECTOR LAW FIRM
6786 002598 12/05/2001
0001458 SPRINT
001-1020-511.40-04 SCC CITIES ASSOC. LUNCH 80.00
VENDOR TOTAL * 80.00
001-1035-512.40-15 VEHICLE #83 TUNE UP 329.00
VENDOR TOTAL * 329.00
290-6005-445.03-00 TRIP REFUND 50.00
VENDOR TOTAL * 50.00
001-1035-612.60-05 FORD TAURUS 2002 18,488.80
VENDOR TOTAL * 18,488.80
290-6005-564.40-10 COACHING FEE-REDWOOD 1,500.00
V~NDOR TOTAL * 1,500.00
150-3005-532.30-01 OT MEAL 11/24 11/28 12/2 30.00
150-3020-532.30-01 MEAL REIMB. 11/12/01 10.00
VENDOR TOTAL * 40.00
250-4010-542.40-10 PLAN. C~MM. MINUTES 11/28 450.00
VENDOR TOTAL * 450.00
292-0000-260.00-00 DEPosIT REFUND.. 300.00
VENDOR TOTAL * 30~.00
001-1025-511.40-11 CITY ATT~ MATTERS 10/01 7,567.95
001-1025-511.40-11 GEN. LEGAL ~VCS. 10/01 1,309.50
VENDOR TOTAL * 8,877.45
290-6005-445.04-00 CLASS REFUND 39.00
VENDOR TOTAL * 39.00
290-6005-564.40-10 INSTRUCTOR FEE 200.00
VENDOR TOTAL * 200.00
001-1025-511.40-10 LEGAL SVCS; 10/01 1,379.46
VENDOR TOTAL * 1,379.46
PREP/fRED /2001, 9:26:40 EXPENDI~I~JRE APPROVAL
PAGB 14
PROGRAM: GM339L AS OF: 12/07/2001'
CITY OF SARATOGA
..................................... ~ .......................... £¥_,~_._~_~%~ .....................................................
~-
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DU~ ACCOUNT ITEM ' " '
EXPENDITURE HAND-ISSUeD
NO NO NO DATE NO DESCR~PT!QN.
AMOUNT
........................................................ ~ .... 2___=_z_Z ....... = .... l~_l_i ...................
' .........................
0001458 SPRINT
002680 12/05/2001 001-1050-513.40-20 LONG DIsTANcE PHONE CHGS.
237.22
002681 12/05/2001 001-1050-513.40220 CMO' FJ~J( CHARGES ~"
14.40
VENDOR TOTAL *
251.62
0000005 STONE WAVE, INC.
54181 002627 12/05/2001 001-1040-473.01-00 BUS. LICENSE REFUND
160.00
VENDOR TOTAL *
160.00
0000005 SWAN, MARIANNE
002718 12/05/2001 001-9010-522.40-10 PRESCHOOL IMPROVEMENTS
1,905.11
VENDOR TOTAL *
1,905111
0001795 TLC ADMINISTRATORS INC.
15707 ~ 002628 12/05/2001 001-1040-513.40-10 FLEX. BEN. PLAN ADMIN FEE
175.00
%~NDOR TOTAL *
175.00
0000403 TORRES, RICHARD.
112801-12201 002762 12/06/2001 150-3005-532.30-01 OT MEAL REIMB 11/28, 12/2
20.00
11/12/01 002544 12/04/2001 150-3020-532.30-01 MEAL REIMB. 11/12/01
10.00
VENDOR TOTAL *
30.00
0002144 ~u'RI, ERINN
4-1551 002610 12/05/2001 290-6005-564.40-10 INSTRUCTOR FEE
216.00
VENDOR TOTAL *
216.00
0000411 U SAVE ROCKERY
76570 002531 12/04/2001 001-3030-532.30-01 FILL SJ~ND
56.00
76751 002532 12/04/2001 001-3030-532.30-01 FILL SAND
28.00
vENDoR TOTAL *
84.00
0000323 U.S. POSTMASTERS
002807 11/30/2001 290-6005-564.40-21 BROCHURE PosTAGE'
CHECK %: 87180
VENDOR TOT/fL *
.00
0001402 U.S. TRUST CO. N.A. ·
11/19/01 002498 12/04/2001 400-8015-713.70-01 LIB.' BONDS-PRINCIPAL
100,000.00
11/19/01 002499 12/04/2001 400-8015-723.70-02 LIB. BONDS-INTEREST
2,950.00
VENDOR TOTAL *
102,950.00
0001683 UNISOURCE MAINT. SUPPLY SYSTEMS
31815890 002631 19978 12/05/2001 001-1060-513.30-02 MISC. SUPPLIES
443.99
VENDOR TOTAL *
443.99
0000155 URI/HIGHWAY TECHNOLOGIES SW
267229 002520 20027 12/04/2001 150-3016-532.30-01 TRAFFIC CONTROL SUPPLIES
360.45
264204 002521 20027 12/04/2001 150-3015-532.30-01 TRAFFIC CONTROL SUPPLIES
940.25
259364 002522 20027 12/04/2001 150-3015-532.30-01 TRAFFIC CONTROL SUPPLIES
140.94
259366 002523 20027 12/04/2001 150-3015-532.30-01 TRAFFIC CONTROL SUPPLIES
136.09
259365 002524 20027 12/04/2001 150-3015-532.30-01 TRAFFIC CONTROL SUPPLIES
172.80
302.74
302.74
PREPARED 12/07/2001, 9:26=40 EXPENDITURE APPROVAL LIST. PAGE 15
PROGRAM= GM339L AS OF: 12/07/2001
CITY OF SARATOGA .............. ; ..... :==__i__i__i ..........................................................
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
............................................................. ~L ............ T ....~ ............................... ~ ..................
O000IS5 b-RI/HIGHWAY TECHNOLOGIES SW
0002165 VANDENBERG, JENNIFER
4-6107-COACHING 002757 12/06/2001
0000179 VERIZON WIRELESS
0316420014 002721 12/05/2001
290-6005-564.40-10
001-1020-511.30-01
0002028 V~RIZON WIRELESS MESSAGING SERVICE
M7190065BK 002509 20031 12/04/2001 001-3030-532.40-30
M7190065BK 002510 20031 12/04/2001 001-3030-532.40-30
M7190065BK 002508 20031 12/04/2001 260-5015-552.40-20
0000420 VILLALOBOS, JESUS
12/2/01 002764 12/06/2001
11/12/01 002545 12/04/2001
0001152 WALLACE COMPUTER SERVICES
762147510 002501 12/04/2001
0000427 WEST COAST FENCE COMPANY, INC.
004588 002771 19904 12/06/2001
150-3005-532.30-01
150-3020-532.30-01
001-1050-513.40-41
001-9010-522.40-14
0000428 WEST GROUP
800599230 002568 12/05/2001 001-1025-511.30-31
0002428 WESTEEN HIGHWAY PRODUCTS, INC.
341724-1 002525 12/04/2001
371723-1 002526 12/04/2001
341725-1 002527 12/04/2001
150-3015-532.30-01
150-3015-532.30-01
150-3015-532.30-01
0001956 WYATT, JON
002550 12/04/2001 291-6010-564.40-10
0000440 XEROX CORPORATION
085491724 002673 12/05/2001
600252663 002674 12/05/2001
000000S ZITMAN, MRS.
001-1050-513.40-30
001-1050-513:40-30
VENDOR TOTAL *
COACHING FEE-REDWOOD
VENDOR TOTAL *
VERIZON WIRELESS SVC.
VENDOR TOTAL *
PAGERS - PW
SVC. FUND CHG.
PAGERS- PW
VENDOR TOTAL *
OT MEAL REIMB. 12/2/01
MEAL REIMB. 11/12/01
VENDOR TOTAL *
YEAR END FORMS
· VENDOR TOTAL *
INSTALL IRON PENCE
VENDOR TOTAL *
CD ROM UPDATE
VENDOR TOTAL *
SIGN SUPPLIES-ANCHOR/POLE
SIGN SUPPLIES :ANCHOR/POLE
SIGN SUPP~'.IES-ANCHOR/POLE
VENDOR TOTAL *
D~/qCE DJ-12/14/01'
VENDOR TOTAL *
'MONTHLY LEASE 5100A
MONTHLY LEASE 4 COPIERS
.. VENDOR TOTAL *
1,750.53
1,S00.00
1,500.00
1,456.12
1,456.12
24.00
.79
48.00
72.79
10.00
10.00
20.00
233.72
233.72
5,456.00
5,456.00
79.92
79.92
479.25
487.35
464.40
1~431.00
450.00
450.00
1,998~21
77i.81
2,770.02
PREPARED 12/07/2001, 9:26:40 EXPENDITURE APPROVAL PAGE 16
PROGRAM: GM339L AS OF: 12/07/2001
CITY OF SARATOGA
....................................................................................................................... . ........... C-
VEND NO VENDOR NAME
INVOICE VOUCHER P.O. CHECK/DUE ACCOUNT ITEM EXPENDITURE HAND-ISSUED
NO NO NO DATE NO DESCRIPTION AMOUNT
.................................... ~ ...................... ~ ................................................... .--7 ..... .............
0000005 ZITMAN, MRS.
1899 002670 12/05/2001 290-6005-445.04-00
0000005 3T EQUIPMENT COMPANY, INC~
32129 002777 12/06/2001 001-1035-512.30-01
CLASS REFETND 67.00
VENDOR TOTAL * 67.00
TRUCK BED REMOTE SWITCHES 32.40
VENDOR TOTAL * 32.40
TOTAL EXPENDI~u-RES **** 523,425.10
GRAND TOTAL
23,079.82
546,504.92
PREPARED3~ll/2001,~ 9:08:15 ACCOUNt'S PAYABLE CHECK REGISTER PAGE 1
PROG~.~ GM346L ACCOUNTING PERIOD 2002/06
POOLED CASH GENERAL CHECKING ACCOUNT REPORT NUMBER 18
CHECK VENDOR VENDOR VOUCHER P.O. DATE REMITTANCE AMOUNT CHECK
NO NO NAME NO NO ' ACCOUNT (NET OF DISC/RETAIN) TOTAL
87009* 5 MONTEREY HOTEL 002029 11/09/2001 001-1030-511.40-01 359.70-
359.70- * VOIDED
BANK/CHECK TOTAL 359.70- .00
ALL BANKS/CHECKS TOTAL
359.70-
MEETING DATE: December 19, 2001
DEPT: Community Development
PREPARED BY: Kristin Borel
SARATOGA CITY COUNCIL
AGENDA ITEM:
DEPT HEAD:
SUBJECT: Planning Commission Actions, December 12, 2001
RECOMMENDED ACTION(S):
Note and file.
REPORT SUMMARY:
Attached are the Planning Commission Action Minutes of December 12, 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
CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE:
PLACE:
TYPE:
Wednesday, December 12, 2001 - 7:00 p.m.
Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
ROLl_ C~LL: Commissioners Garakani, Jackman, Hunter, Kurasch, Roupe, Zutshi and Chair Barry
ABSENT: None
STAFF: Planners Livingstone & Oosterhous, Director Sullivan and Minutes Clerk Shinn
PLEDGE OF ALLEGIANCE
MINUTES: Draft Minutes from Regular Planning Commission Meeting of November 24, 2001.
Study Session Minutes from the Meeting of November 24, 2001.
ORAL COMMUNICATIONS - Any member of the Public will'be allowed to address the Planning Commission for up to three
minutes on matters not on this agendct The law generally prohibits the Planning Commission f.rom discussing or taking
action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications
under Planning Commission direction to Staff.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was propeflyposted on December 6,
2001. '
CONSENT CALENDAR
PUBLIC HEARINGS
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a public hearing in court, you may be limited
to raising only those issues you or someone else raised at the public hearing(s) described in this
agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or
prior to, the public hearing. In order to be included in the Planning Commission's information
packets, written communication should be fried on or before the Monday, a week before the
meeting.
1. DR-01-019, V-01-011, UP-01~016, BSA-01~001 az ED~01~001 (503-13-117) HUERTA,
22551 Mount Eden Road; - Request for Design Review and Building Site Approval to
construct a 4,830 square foot two-story residence with garage on a vacant lot. A
variance is requested in order to construct retaining walls in excess of five feet for
geotechnical mitigation. The maximum height of the residence would be 26 feet. The
1.42 acre site is located within the Hillside Residential (HR) Zoning District.
'(CONTINUED FROM 10/24/01) (SULLIVAN) (APPROVED 4-3, HUNTER,
KURASH AND ZUTSHI OPPOSED)
2. UP-01-007 SPRINT, Saratoga-Los Gatos Road & Farwell Avenue; - Request for a
Conditional Use Permit approval to construct a wireless communication facility
Consisting of antennas and equipment cabinets in the Caltrans right-of-way. The site
is located in the R-I-40,000 zoning district. (LIVINGSTONE)
(TO BE CONTINUED AND RE-ADVERTISED) (APPROVED TO BE
CONTINUED 7-0)
3. F-01-005 (503-14-010) - PRIDHAM, 13651 Pierce Road; - Legalize an as-built fence,
The applicant requests an exception to the maximum area of enclosure permitted in
the Hillside Kesidential zone district pursuant to Municipal Code Section 15-29.020
(c). (OOSTERHOUS) (APPROVED 7-0)
4. DR-00-059 (397-17-012) - KALKUNTE, 14625 Fruitvale Avenue; - Kequesr for
Design Review approval to construct a new 6,048 square foot two-story residence and
demolish an existing 2,000 square foot residence and 2,400 square feet of accessory
structures. Maximum height of the structure will be 26 feet. The 42,011 square foot
parcel is located in the R-I-40,000 zoning district. (LIVINGSTONE) (APPROVED
7-0)
DIRECTOR ITEMS
Planning Commission Mission Statement
Reminder to Commissioners that December 26, 2001 meeting is cancelled
COMMISSION ITEMS
Resolution of Intent to Amend Zoning Ordinance, Re: Rear Yard Setbacks
Commtss~oner sub-committee reports
COMMUNICATIONS
- Written - City Council Minutes from Regular Meetings of October 17, 2001
ADJOURNMENT AT 10:45 TO THE NEXT MEETING
Wednesday,January 9, 2002, Council Chambers/Civic Theater
13777 Fruirvale Avenue, Saratoga, CA
Ii
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001
ORIGiNaT~_.'~~~anager
AGENDA ITEM:
CITY MANAGER:(~~~~
DEPT HEAD:
SUBJECT: Council Agency Assignments and Commission Liaisons
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
On December 11, 2001, the City Council reorganized and approved the nomination of
Mayor Streit and Vice Mayor Baker. Also at that time Mayor Streit directed the Council to
submit their assignment request to him for appointment. It is now appropriate to adopt the
attached resolution with the Council Agency and Commission Liaison appointments.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Council representatives to various agencies and Council liaison to various Commissions will
remain the same.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Disseminate information to various agencies and Commissions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENT:
Attachment A - Resolution
RESOLUTION NO. 01-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES
WHEREAS, the City Council reorganized on December 11, 20011 for the coming year; and
WHEREAS, representatives from the City Council serve on various committees, commission
and agencies; and
WHEREAS, the responsibility for representing the City Council should be shared by all its
members. - -
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the
City Council and the needs of the various organizations to which the City Council sends
representatives, the following representatives agree hereby appointed to the committees,
commissions, and agencies named, through December 2002, or until replaced.
Agency Councilmember Alternate
Association of Bay Area Government Bogosian Mehaffey
Chamber of Commerce Baker Streit
County Cities Association Leg. Task Force Bogosian Waltonsmith
County HCD Policy Committee Mehaffey Baker
Emergency Planning Council Baker Waltonsmith
Hakone Foundation Liaison Streit/Baker N/A
KSAR Community Access TV Board Mehaffey Baker
Library Joint Powers Association Bogosian Waltonsmith
Northern Central Flood Control Zone Waltonsmith Bogosian
Advisory Board
Peninsula Division, League of California Streit Baker
Cities
Santa Clara County Valley Water Mehaffey Bogosian
Commission
Santa Clara County Cities Association Streit Baker
SASCC Liaison Waltonsmith Bogosian
Saratoga Business Development Council Mehaffey Streit
Sister City Liaison Waltonsmith Mehaffey
West Valley Solid Waste Joint Powers Streit Mehaffey
Association
Valley Transportation Authority PAC Waltonsmith Streit
West Valley Sanitation District Baker Bogosian
Silicon Valley Animal Control JPA Bogosian Waltonsmith
Planning Commission Mehaffey N/A
Parks and Recreation Commission Baker N/A
Finance Commission Baker N/A
Library Commission Waltonsmith N/A
Public Safety Commission Streit N/A
Heritage Preservation Commission - Bogosian N/A
Youth Commission Mehaffey N/A
Gateway Task Force Streit N/A
Library Expansion Committee Bogosian N/A
Arts Commission Waltonsmith N/A
The above and forgoing resolution was passed and adopted-by the Saratoga city Council at a
regular meeting held on the 19t~ day of December, 2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Nick Streit, Mayor
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001
AGENDA ITEM:
ORIGINATING I)~EP/5 City Manager
PREPARED B~' ~
CITY MANAG~'~
DEPT HEAD:
SUBJECT: Association of Bay Area Governments Board Of Directors
RECOMMENDED ACTION:
Council adopt resolution appointing Jesse Baloca, Administrative Services Director, to serve on
the Association of Bay Area Governments (ABAG) Board of Directors and Cathleen Boyer, City
Clerk, as the alternate.
REPORT SUMMARY:
According to ABAG's corporation bylaws each governing body of each Member Entity in
ABAG Plan shall appoint one (1) director and one (1) voting alternate director to serve at the
respective Member Entity's pleasure. City Manager Dave Anderson has been acting as the City
of Saratoga's representative to the Board. Since the position of Administrative Services Director
has been filled it would be appropriate to redesignate this appointment.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City of Saratoga would not be represented.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Notify ABAG of the City's appointment.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Resolution of Appointment
RESOLUTION NO. 01-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING ONE DIRECTOR AND ONE ALTERNATE TO THE ABAG PLAN
BOARD OF DIRECTORS
'WHEREAS, ABAG'S corporation bylaws state that each.g0veming body of each Member Entity
in ABAG Plan shall appoint one (1) director and one (1) voting alternate director to serve at the
respective Member Entity's pleasure.
WHEREAS, City Manager Dave Anderson has been acting as the City of Saratoga's
representative to the Board; and
WHEREAS, the position of Administrative Services Director has been filled it would be
appropriate to redesignate this appointment.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to appoint Jesse
Baloca, Administrative Services Director, to serve on he ABAG Board of Directors and Cathleen
Boyer, City Clerk, as the alternate.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 19th day of December, 2001, by the following vote:
AYES'
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Nick Streit, Mayor
Cathleen Boyer, City Clerk
MEETING DATE: December 19, 2001
ORIGINATING DEPT: Public Works
SARATOGA CITY COUNCIL
AGENDA ITEM: 2~''~
CITY MANAGE~~ ~'-~-~,~
SUBJECT:
Final map approval for five lots located at 14221 Saratoga-Sunnyvale Road.
Owner: RLJ-LLC
RECOMMENDED ACTION(S):
1. Move to adopt resolution No. SD-00-003 granting final map approval of tentative map
application No. SD-00-003 for five lots located at 14221 Saratoga-Sunnyvale Road.
2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement.
REPORT SUMMARY:
Attached is Resolution No. SD-00-003, which, if adopted, will grant final map approval for five
lots, located at 14221 Saratoga-Sunnyvale Road. I have examined the final map and related
documents submitted to me in accordance with the provisions of Section 14.40.020 of the
Municipal Code and have determined that:
1. The final map substantially complies with the approved tentative map.
2. All conditions of the approved tentative map, as contained in Planning Commission
Resolutions No. SD-00-003, have been completed or will be completed concurrent with
development of the five lots.
3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.
4. The final map is technically correct.
Consequently, the City Surveyor's certificate has been executed on the final map and the final
map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for
action by the City Council.
FISCAL IMPACTS:
The subdivider has paid $24,591 in Engineering Fees and $62,100 in Park Development Fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The final map must either be approved or rejected by the City Council. If the map is rejected, it
would be returned to the subdivider with findings as to why the map was rejected.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The signed map will be released to the subdivider's Title Company for recordation along with
recording instructions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Site Map. '
2. Parcel Map.
3. Resolution No. SD-00-003 granting final map approval.
4. Planning Commission Resolution No. SD-00-003 approving the tentative map with
conditions.
5. Subdivision Improvement Agreement.
SITE MAP
PREPARED FOR THE SARATOC~ CITY COUNCIL
Application No.: SD-00-003
Location:
APN:
Applicant/Owner:
Date:
14221 Saratoga-Sunnyvale Road
503-23-016
RLJ-LLC/Larry Schuck
December 19, 2001
Z
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SITE
10
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PAR~L
0.448
PARCEL A
26,405
0.60~ AC. 4-
PRIVATE OPEN SPACE
RES*IRICTED BUILDING AREA
NO PRIMARY RESIDENCE
PARCEL
20,752
0.476 AC.
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EASEMENT CURVE TABLE
F £ASEYENT CENTERLINE ]
PARCEL 1
18,609 SF'.
0.427 AC. +
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GRAPHIC SCALE
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JUNE 2001
PARCEL MAP
A PORTION OF THE QuITo RANCHO
LYING WITHIN THE
CITY OF SARATOGA
OF SANTA CLARA, STATE OF CALIFORNIA
CONSISTING OF 3 SHEETS
SCALE 1' - 30' SHEET 3 OF 3
TS CIVIL ENGINEERING, INC.
g0 N. FIRST ST., STE. 101
SAN JOSE, CA 95113
-z-CIVIL
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RESOLUTION NO. SD-00-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF SD-00-003
14221 SARATOGA-SUNNYVALE ROAD
The City Council of the City of Saratoga hereby resolves 'as follows:
SECTION 1:
Five lots as shown on that certain Parcel Map prepared by TS Civil
Engineering, Inc., dated June 2001, and filed with the City Clerk of the City of
Saratoga on December 19, 2001, are approved as FIVE (5) individual lots.
SECTION 2:
All streets and easements shown on said map and offered for dedication to
public use are hereby rejected on behalf of the public, save and except for
public service easements; and to the limited extent that any offers for public
street purposes either expressly or implicitly include offers for easements for
utility purposes along or beneath said street rights of way, then as to such
express or implied offers of easements for public utility purposes, the same are
hereby accepted on behalf of the public.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the __ day of ,2001 by the following Vote:
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Nick Streit, Mayor
Cathleen Boyer, City Clerk
Acknowledged.
Completed.
~All submitted.
APPROVAL OF RESOLUTION NO. SD-00-003
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFO~IA
Schuck; 14221 Saratoga-Sunnyvale Road
WHEREAS, application has been .made to the Advisory Agency under the
Subdivision Map Act of the State of California and under the Subdivision Ordinance of the
City of Saratoga, for Tentative Parcel Map approval of 4 lots. all as more particularly set
forth in File No. SD430-003 of this City; and
WHERF~S, this Advisory Agency hereby finds that the proposed subdivision,
together with the provisions for its design and improvement, is consistent with the
Saratoga General Plan and with all specific plans relating thereto; and the proposed
subdivision and land use are compatible with the objectives, policies and general land use
and programs specified in such General Plan, reference to the staff report dated November
8, 2000 being hereby made [or fmther particulars; and
Vv'HEREAS, none of the conditions set forth in Subsections (a) through (g) of
Government Code Section. 66474 exist with respect to said subdivision, and tentative
approval should be granted in accord with conditions as hereinafter set forth; and
VqHER.EAS, the Planning Commission has conducted a duly noticed public
hearing at which time all interested parties were given a full opportunity to be heard and to
present evidence; and
NOW, THEREFORE, BE IT RESOLVED that the lentative Parcd Map for the
hereinafter described subdivision, which map is dated October 24. 2000 and is maxked
Exhibit 'A' in the herein above re/erred file, be and the same is hereby conditionally
approved. The conditions of said approval are as follows:
PLANNING
The development shall be located and constructed as shown on Exhibit 'A'.
incorporated by reference.
Prior to submittal of the Grading Plan to the Public Works Department, the plan Shall
be submitted to the City Arborist for final review.
Prior to submittal of the Final Map to the Public Works Department, the following
shall be submitted to the Planning Division staff in order to issue a Zoning Clearance:
a. Four (4) sets of complete Improvement Plans incorporating this Resolution as a
separate plan page and containing the following revisions:
Acknowledged.
Acknowledged.
Acknowledged.
Completed.
Shown on the
plans.
File No. SD-00-003 &z UP-00-OI6; 14221 Sartatoga-SunnYVale Road .
A line of sight study shall be submitted by a licensed engineer to verify that
the intersection of the access road with Saratoga-Sunnyvale Road will be
sale.
No Ordinance-size tree shall be removed (with the exception of trees 21,
15, 86, 87, 91 and 53) without first obtaining a Tree Rmno~ Permit.
ii. A letter from Caltrans shall be submitted stating that all improvements
f~nting Saratoga-Sunnyvale Road are acceptable to that agency. _
iii. All applicable recommendations of the City Arborist.
Four (4) sets of complete grading plans incorporating this Resolution as a
Separate plan page and containing the following revisions:
L All applicable recommendations of the City Arhmisc
22, 88,
FENCING REGULATIONS - No fence or wall shall exceed six feet in height
and no fence or wall located within any required front yard shall exceed three
feet in height
No structure shall be permitted in any easement.
A storm water retention plan indicating how all storm water will be retained on-
site, and incorporating the New Development and Construction - Best Management
Practices. if all storm water cannot be retained on-site due to topographic, softs or
other comtraints, an explanatory note shall be provided on the plan.
CIT~ ARBO~ST
All. recommendations in the City Arborist's Report dated August 1, 2000 shall be
followed and incorporated into the plans. This includes, but is not limited to:
The Arborist Report shall be incorporated, as a separate plan page, to the
construction plan set and the grading plan set and all applicable measures noted
on the site and grading plans.
Five (5) ft. chain link tree protective fencing'shall be shown on the site plan as
recommended by the Arborist with a note 'm remain in place throughout
construction.' The fencing shall be inspected by staff prior to issuance of a
Building Permit.
A note shall be included on the site plan stating that no construction equipment
or private vehicles shall park or be stored within the dripline of any ordinance
protected trees on the site.
d. A landscape plan shall be submitted prior tO issuance of a Zoning Clearance
showing locations of 16 36-inch box native replacement trees.
p ~ Lm~i~n~E~k~C St~ff Repo~chuc~dac
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
~ed.
Acknowledged.
Acknowledged.
Acknowledged.
AcknOwledged.
File No. SD-00-003 6z UP-00-016; 14221 Sartatoga-Sunnyvale Road
10.
11.
12.
Prior to issuance of a Building Permit, the applicant shall submit to the City, in a
_torm acceptable to the Community Devdopment Director, security in the amount
of $98,1'/6 pursuant to the report and recommendation by the City Arborist to
guarantee the maintenance and preservation of trees on the subject site.
Prior to Final Occupancy approval, 16 36-tach box native trees shall be planted as
replacements for the trees removed. All 36-inch box trees shall have a trunk
diameter of no less than 3-inches. Diameters are measured I foot above grade.
Prior to Final Occupancy approval the City Arborist shall respect the site to verify
compliance with tree protective measures. Upon a favorable site inspection by the
Arborist and, any rephcement trees having been planted, the bond shall be released.
Any future landscaping shall be designed and installed in accordance with the
Arborises recommendations. - -
A project arborist certified by the International Society of Arboricukure shall be
retained to 0) provide on site supervision during key aspects of construction of the
residence and driveway for the purpose of preventing or minimizing damage to nee
# 1; and (2) provide regnflar written progress reports to the City of these supervision
functions as they occur.
FIRE PROTECTION DISTRICT
14.
15.
16.
17.
The roof covering shall be fire retardant, Uniform Building Code Class 'A' prepared
or built-up roofing.
18.
Early Warning Fire Alarm System shall be installed and maintained in accordance
with the provLsions of the City of Saratoga Code-Article 16-60.
Early Warning Fire Alarm System shall have documentation relative to the
proposed installation and shall be submitted to the Fire Disuict for approval.
Automatic sprinklers shall be installed in the newly constamcted garage (2 heads
per stall). The designer/architect shall contact the San Jose Water Company to
determine the size of service and meter needed to meet fire suppression and
domestic t,:quirements.
All driveways shall have a 14-foot minimum width plus one-foot shoulders.
Driveway curves shall have a minimum inside radius of 21 feet
Developer shall install two fire hydrants that meet the Fire District's specifications.
Hydrants shall be installed and accepted prior to construction of any building.
PUBHC WORKS
Completed,
Ail submitted.
Fees paid.
Security posted.
Provided on the
Final Map.
Plans submitted
and approved.
File No. SD-O0-O03 ~ UP-O0-016; 14221 Sartatoga-Sunnyvale Road
23.
24.
25.
26.
21.
22.
Prior to submittal of the Final Map to the Public Works Department for
examination, the owner (applicant) shall cause the property to be surveyed by a
Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall
show the existence of a monument at all external property comer locations, either
found or set. The submitted map shall also show monuments set at each new
comer location, angle point, or as directed by the Public Works Department, all in
conformity with the SUbdivision Map Act and the Professional Land Surveyors Act_
The owner (applicant) shall submit four (4) copies of a Final Map in substantial
conformance with the approved. Tentative Map, along with the additional
documents required by Section 1440.020 of the Municipal Code, to the Public
Works Department ilar examination. The Final Map shall contain all of the
information required in Section 1440.030 of the Municipal Code and shall be
accompanied by the following items:_
One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90) days of the
date of submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
One copy of each document/deed referenced on the Final Map.
e_ One copy of any other map, document, deed, easement or other resource that
will facilitate the examination process as requested by the Public Works
Department_
The owner (applicant) shall pay a Map Checking fee, as determined by the Public
Works Dizector, at the time of submittal of the FinAl Map for examinatior~
Interior monuments shall be set at each lot come~ either prior to recordation of the
Final Map or some later date to be specifi'~ on the Final Map. If the owner
(applicant) chooses to defer the setting of interior monuments to a specified later
date, then suffident security as determined by the Public Works Director shall be
furnished prior to Final Map approval, to guarantee the setting of interior
monlllllellts.
The owner (applicant) shall provide Irrevocable Offers of Dedication for all required
easements and/or rights-of-way on the Final Map, in substantial conformance with
the approved Tentative Map. prior to Final Map approval
The owner (applicant) shall submit engineered improvement plans to the Public
Works Depa, t~ent in conformance with the approved Tentative Map and in
accordance with the design and improvement requirements of Chapter 14 of the
Municipal Code_ The improvement Plans shall be reviewed and approved by the
Public Works Department and the appropriate officials from other public agencies
Fees paid.
Improvement
Agreement signed.
Improvement
securities furnished.
Proof of insurance
furnished.
Provided.
Acknowledged.
Fees paid.
Acknowledged.
27.
28.
29.
30.
31.
32.
33.
34.
File No. SD-00-003 t~z UP-00-016; 14221 Sartatoga-Sunnyvale Road
having jurisdictional authority, including public and private utility providers, prior
to approval of the Final Map. The following specific conditions shall be induded on
the improvement plans:
a. Saratoga-Sunnyvale Road, along the frontage of the subdivision, shall be
overlaid with 1.5' of Asphalt Concrete and shall include a layer Petromat_
b. Existing curb and gutter along westerly side of Saratoga-Sunnyvale Road shall
be replaced within the limits of the subdivision.
c. A pathway .~hall be constructed along the frontage of the subdivision and
extended to Brook Wood Lan~
The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as
determined by the Public Works Director, at the time Improvement Plans are
submin~l/or review.
The owner (applicant) shall enter i.to an Improvement ^4greement with the City
accordance with Section 1440.010 of the Municipal Code prior to Final Map
approvaL
The owner (apphcant) shall furnish Improvement Securities in accordance with
Section 14-60.020 of the Municipal Code in th~ manner and amounts determined by
the Public Works Director prior to Final Map approvaL
The owner (applicant) shall furnish a written indemmty agreement and proof of
insurance coverage, in accordance with Section 14-05.050 of the Municipal Code.
prior to Final Map approval
Prior to Final Map approval, the owner (apphcant) shall finnish the Pubhc Works
Depamnent with satisfactory written commitments from all public and private
utility providers serving the subdivision guaranteeing the-completion of all required
utility improvements to serve the subdivisiom
The owner (applican0 shall secure all necessary permits from the City and any
other public agencies, including public and private utility providers, prior to
commencement of subdivision improvement consU'Uction. Copies of permits other
than those issued by the City shall be provided to the Public Works Depamnen~
The owner (applicant) shall pay the apphcable Park and Recreation fee prior to
Final Map approval
All building and construction related activities shah adhere to New Devdopment
and Construction - Best Management Practices as adopted by the City for the
purpose oipreventing storm water pollution.
Hold Harmless
signed.
Acknowledged.
File No. SD-00-003 ~r UP-00-016; 14221 Sartatoga-Sunnyvale Road
CITY ATTORNEY
35.
36.
Applicant agrees to hold City harmless f~om all costs and expenses, including
attorney's fees, incurred by the City or held to be the liability of City in connection
with City's defense of its actions in any proceeding brought in any State or Federal
Court, challenging the City's action with respect to the applicant's project.
Noncompliance with any of the conditions of this permit shall constitute a violation
of the permit. Because it is impossible m estimate damages the City could incur due
to the violation, liquidat~l damages of $250 shall be payable to this City per each
day of t~ viohtio~
Section 2. Construction must be'commenced within 24 months or approval will
~x20ir~.
Section 3. All applicable requirements of the State, County, City and other
Governmental entities must be met.
Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the
Saratoga City Code, this Resolution shall become effective fiIteen (15) days [rom the date of
adoptimt
P~ss~ A~m A~omqm by the City of Saratoga Planning Commission, State of
California. this 8m day of November 2000 by the following roll call vote:
No~:
CONTRACT FOR THE IMPROVEMENT' OF SD-00-003
AGREEMENT, made and .entered into this 19th day of
December 2001, by and between the CITY OF SARATOGA, a Municipal
corporation of the State of California, hereinafter called
"City", and RLJ-LLC, Subdivider and Owner, hereinafter
collectively called Subdivider:
WI TNES ETH:
WHEREAS, Subdivider is engaged in subdividing that certain
tract of land known and designated as 14221 Saratoqa-Sunnyvale
Road situated in the City of Saratoga, County of Santa Clara,
State of California; and
WHEREAS, a final map of SD-00-003 has been filed with the
City Clerk of the City of Saratoga for presentation to the Council
for its approval, which map is hereby referred to and by said
reference incorporated.herein; and
WHEREAS, Owner and Subdivider has requested approval of said
final map prior to the completion of improvements of all streets,
highways or public ways and sewer facilities which are a part of
or appurtenant to the abovementioned subdivision, including, but
without limiting the foregoing, the necessary paving, catch
basins, pipes, Culverts, storm drains, sanitary sewers where
required, street trees and street signs where required, and
including a water system and fire hydrants acceptable to the San
Jose Water Works and the City of Saratoga, all in accordance with
and as required by the plans and specifications for all of said
improvements in or appurtenant to said subdivision, which plans
and specifications were prepared by TS Civil Enqineerinq, Inc.,
Civil Engineer, approved by the City Surveyor and now on file in
the offices of the Clerk of said City and/or public Works
Department of said City, and
WHEREAS, the City Council of said City did on the
19th day of December , 2001, adopt a Resolution approving
said Final Map, rejecting certain dedications therein offered
which rejection did not and does not, however, revoke the offers
of dedication therein contained and requiring as a condition
precedent to the future acceptance of said offers of dedication
that the Subdivider improve the streets and easements thereon
shown in accord-with the standards of the City's Subdivision
· Ordinance, as amended, of the City of Saratoga and in accord with
the improvement plans and specifications on file as hereinabove
referred to, and requiring as a condition precedent to the release
of said final map for recordation that the Subdivider agree in
writing to so improve said streets and easements in accord with
this agreement,
NOW, THEREFORE, in consideration of the above and in
consideration of the City accepting all of said dedications after
the hereinafter agreed to covenants on the part of the Owner and
Subdivider have been complied with and in accord with Government
Code Section 66462(a) of the State of California, it is hereby
agreed as follows:
1. Subdivider at this cost and expense shall construct all
of the improvements and do all of the work hereinafter mentioned,
all in accordance with and to the extent and as provided in the
above mentioned plans and specifications on file in the office of
said City, for the construction of said improvements, in, for, or
appurtenant to said subdivision, and all in compliance with the
City's Subdivision Ordinance as amended and the laws of the State
of California, and shall complete the same within one year from
date hereof and shall maintain the same for a period of at least
one year after the satisfactory completion of the same.
2. Subdivider shall, before the release of said final map by
City and as condition precedent to. recordation thereof, furnish to
3
the City and file with the City Clerk a good and sufficient surety
bond or bonds, money or negotiable bonds, in form to be approved
by the City Attorney, securing the faithful performance by
Subdivider of all work and the construction of all improvements
herein in this Agreement mentioned within time specified, and
securing the faithful performance by Subdivider of the maintenance
of said improvements for a period of ..at least one year after
completion of the same, and for such additional period of time as
may be necessary in order that Subdivider may cure and correct all
deficiencies of construction to the satisfaction of the City
Engineer of the City of Saratoga (in addition to said bond at
least 10% ($14,810.00) of said bond to be in cash, with the right
of City to use the same in its discretion for emergency
maintenance and repairs in addition to any other rights of use)
the amount of said bond to be in the sum of $148,100.00; and also
a good and sufficient surety bond in form to be approved by the
City Attorney securing the payment by Subdivider of all bills for
labor and materials incurred in the construction of any and all of
said improvements, and the doing of all other work herein agreed
to be done by the said Subdivider, the amount of said bond to be
One Hundred Forty Eiqht Thousand One Hundred Dollars
($148,100.00) .
3. Subdivider does hereby expressly agree to indemnify and
hold harmless the City and in their capacity as such, its
councilmen, officers, boards, commissions and its employees, from
any and all loss or damage, and from any and all liability for any
and all loss or damage, and from any and all suits, actions,
damages, or claims filed or brought by any and all person or
persons because of or resulting from the doing by Subdivider or
any and ail things required of Subdivider by this contract, or
because of or arising or resulting from the failure or omission by
Subdivider to do any and all things necessary to and required by
this contract or by law, or arising or resulting from the
negligent doing by Subdivider, his agents, employees or
subcontractors of.~any and all things required to.be done by this
contract, or arising or resulting from any,dangerous or defective
condition arising or resulting from any of the above said acts or
omissions of Subdivider, his agents, subcontractors, or employees.
Subdivider having heretofore certified, by the certificate upon
the abovementioned subdivision map, that he can convey clear title
to the land within said subdivision, add City having relied upon
said certificate and the representation contained therein, the
foregoing provisions of this paragraph are specifically made to
apply to any destruction or damage to or removal of utilities,
water lines or pipe lines of any kinds, and any other improvement,
whether said destruction, damage or removal is required or caused
by the plans or specifications or by direction of an officer,
agent or employee of the City.
4. Subdivider shall, before the release of said final map
by the City, and as a condition precedent to the recordation
thereof, furnish to the City and file with the City Clerk
certificates or policies of public liability and property damage
insurance in form satisfactory to the City Attorney, and
Subdivider shall at all times during the entire term of this
agreement maintain the same in full force and effect, which
policies shall insure the City of Saratoga, its Councilmen,
officers, boards; commissions and employees against loss or
liability for bodily injury and property damages arising or
resulting from Subdivider's operations and activities in the
construction of any and all improvements mentioned in this
agreement and the doing of any and all work mentioned in this
agreement, within or outside the abovementioned subdivision,
and/or arising' or resulting from the doing or failure of
Subdivider to do all things required to be done pursuant to this
agreement. Said policies of insurance shall cover bodily injury
and property damage on both an accident and occurrence basis, with
completed operations coverage for one (1) year after completion
and acceptance of improvements, and shall be in amounts of not
5
less than ONE MILLION DOLLARS ($1,000,000.00) .for each~person; ~ONE
MILLION DOLLARS ($1,000,000.00) for each accident or occurrence
and property damage coverage of ONE-HUNDRED THOUSAND DOLLARS
($100,000.00) for each accident or occurrence and property damage
coverage of ONE-HUNDRED THOUSAND DOLLARS ($100,000.00) for each
accident or occurrence. Said policies of insurance shall in
addition contain the following endorsement: "Other insurance -
the coverage afforded by this insurance shall be primary coverage
to the full limits of liability stated in the declarations. If
the assured has other insurance against the loss covered by this
policy, that other insurance shall be excess insurance only, after
the entire face value of this policy shall have been exhausted by
payment."
5. In consideration of City allowing Subdivider to connect
said subdivision to certain existing or proposed out-of-tract
storm sewer lines, and in ~consideration of City relieving
Subdivider of any obligation which City might legally impose on
Subdivider to acquire any right-of-way for, and/oX to construct,
any out-of-tract storm sewer drainage pipe lines and appurtenances
which might reasonably be necessary to drain said subdivision and
carry storm waters from said subdivision to natural drains,
Subdivider shall, before the release of said final map by City and
as a condition precedent'to the recordation thereof, pay the City
the sum of Zero dollars ($ 0 ).
6. In consideration of City agreeing to accept, in accord
with this agreement, the in-tract storm drain lines and facilities
constructed or to be constructed by Subdivider within or outside
of said subdivision in accord with the plans and specifications
now on file with the City offices, including the streets and other
easements in or beneath which said facilities lie, Subdivider
shall, before the release of said final map by City and as a
condition precedent to the recordation thereof, pay the City the
sum of Zero Dollars ($ 0 ).
7. Subdivider shall, before the release of said final map by
6
the City and as a condition precedent to the recordation thereof,
pay to the City the sum of Twenty Four Thousand Five Hundred
Ninety One Dollars ($ 24,591) to be applied by City to the payment
of expenses to be incurred by City for engineering and inspection
services· to be performed by the City in connection with said
subdivision.
8. Upon Subdivider completing in accord with this agreement
all of the improvements to be made and done by said Subdivider as
hereinabove set forth and as shown on the plans and specifications
on file as hereinabove referred to, and upon Subdivider having
properly maintained the same for a period of at least one year
after the completion of said improvements as hereinabove
specified, and upon the Subdivider complying with all covenants
and conditions on his or its part to be done and performed in
accord with the within agreement, then and in that event, City
agrees to rescind its rejection of the offers of dedication of
streets and storm drain easements contained on the aforesaid final
map, and at that time accept said offers of dedic~fion.
9. Should the Subdivider and Owner hereinabove referred to
not be the same person, firm or corporation, then this agreement
shall only be effective upon both the Subdivider and the Owner
separately executing the same, and wherever the term Subdivider is
used, the same shall include Owner and'wherever the term Owner-is
used, the same shall include Subdivider.
10. This agreement shall be binding upon the heirs, personal
representatives and assigns of Subdivider and Owner, and time is
of the essence hereof, save and except that the City Council of
the City of Saratoga may, but need not, extend any time or times
for the doing or performing of any acts as required under the
~erms of this agreement by resolution, if in the opinion of the
City Council any such delay is without fault on the part of the
Subdivider and Owner.
Execution of the within agreement by the Owner or Subdivider
shall constitute an irrevocable authorization to City to insert
7
the date of passage of the Council 'resolution approving the final
map, and to insert the date of this agreement as of the date of
such resolution.
IN WITNESS WHEREOF, the parties hereto have set their hand
the day and year first above written.
CITY OF SARATOGA, a Municipal Corporation
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
Subdivider
By:
(Owner, if different from
Subdivider)
EXECUTIVE SUMMARY NO.
MEETING DATE: December 19, 2001
ORIGINATING DEPT: City Attorney
SARATOGA CITY COUNCIL
AGENDA ITEM
CITY MANAGE~ ~~
PREPARED BY:' Richard Taylor
SUBJECT: Use of City Parks for Recreational Sporting Events: Draft Parks and
Recreation Ordinance
RECOMMENDED ACTION: Introduce and waive first reading of the attached
ordinance.
REPORT SUMMARY:
As part of the City's effort to provide areas for organized, recreational sporting
events, the City Council at its meeting of October 17, 2001 directed staff to prepare user
agreements with the American Youth Soccer Organization ("AYSO") and Little League
Baseball for the use of City parks (these agreements will be brought to Council in
January). To protect against possible risks associated with the inappropriate use of City
parks, the Council also directed staff to ensure that the City Code prohibits objects from
being hit or thrown into public rights of way near City parks.
This report presents a draft ordinance that would amend the City Code as directed
by the Council, would clarify the City's authority to enter into season-long agreements
with AYSO, Little League Baseball, and other groups, subject to conditions imposed by
the Director of Parks, and would make several technical "clean-up" amendments to the
Code.
SUMMARY OF ORDINANCE:
The draft ordinance would make several substantive amendments and several
clarifying or technical amendments to the City Code. The ordinance begins with findings
describing the circumstances requiring legislative action by the City. These findings
summarize (1) the increased need for areas for organized, recreational sporting events
such as soccer and baseball; (2) a possible risk of injury or damage to persons and
property near City parks as a result of balls, rocks, or other objects being thrown, kicked,
or hit into public roadways, parking lots, and pathways near City parks; and (3) the need
to clarify staff's authority to issue season-long group use permits, subject to conditions
imposed by the Director of Parks.
Section 2.1 of the ordinance amends the City Code to prohibit anyone in a City
park from throwing, kicking, or hitting any ball, rock, or other object into any public.
thoroughfare (i.e., a driveway, roadway, highway, parking area, sidewalk, bicycle path, or
trail) inside or outside the park in a manner that could cause injury or damage. City parks
are designed to prevent this sort of occurrence when the parks are used as intended for
regular sporting events. The ordinance would further protect the public by prohibiting
anyone from throwing, kicking, or hitting balls, rocks, and other objects into adjacent
streets in a manner that could cause injury or damage, either intentionally or as a result of
careless, inappropriate activities.
Section 2.2 of the ordinance is a technical amendment to clarify section 11-
05.050(a) of the City Code. The amendment is consistent with staff's interpretation of
that section and makes clear that a group use permit is required for any occupation or use
of a City park by any pre-advertised assemblage, regardless of the number of persons
assembling, and for any occupation or use of a park by any group of twenty-five or more
persons, regardless of whether the group's use is pre-advertised.
Section 2.3 of the ordinance is an additional technical amendment. Consistent
with staff's current practice under the Code, the amendment makes clear that the Director
of Parks may issue a group use permit for multiple times, multiple dates, and multiple
locations, and that group use permits are subject to any conditions imposed by the
Director. This amendment clarifies staff's authority to enter into agreements with AYSO,
Little League Baseball, and other groups for season-long use of City parks for
recreational sporting events.
Section 2.4 of the ordinance is substantive in that it creates an exception to the
current code requirement that park group use permit applications be submitted no more
than 90. days in advance of the first proposed use. The amendment would authorize the
Council to allow applications for group use permits to be filed more than ninety days
before the proposed use of a City park, so as to allow applicants additional time plan for
permitted activities.
Section 2.5 of the ordinance amends Section 11-10.020(a) of the City Code
to authorize the Council to revoke a group use permit at any time, so as to allow the
Council to ensure that City parks remain available for appropriate uses and activities.
Alternatives
As an alternative to adopting the ordinance in its draft form, the Council could
direct staff to take no action or to revise the ordinance. If no ordinance is adopted, the
City Code would not prohibit throwing, kicking, or hitting balls, rocks, or other objects
from City parks into public roadways, parking lots, or pathways, and the City Code would
not be amended to clarify staff's authority to issue group use permits for recreational
sporting events and other season-long activities and to impose conditions on the group
use of City parks ......
FISCAL IMPACTS: No significant fiscal impacts.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
Discussed above. -'
ATTACHMENTS: Draft Ordinance.
ORDINANCE
AN ORDINANCE AMENDING THE. SARATOGA CITY CODE
CONCERNING PARKS AND RECREATION
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City of Saratoga has witnessed an increased demand for areas for organized,
recreational sporting events such as soccer and baseball. In an effort to address this
demand, the City has worked to make City parks available for recreational, sporting
events.
Because of the increased use of City parks for recreational sporting events, the City has
identified a risk that baseballs, soccer balls, and other objects could be thrown, kicked, or
hit into nearby roadways, potentially causing serious injury or damage. City parks are
designed to avoid this risk during sporting events and other appropriate recreational
activities. For example, the City has installed protective netting at Congress Springs Park
to prevent balls from being thrown or hit into California State Highway 85, adjacent to
the park. However, if parks are used improperly, there is a risk of injury or damage to
people and property using nearby roadways. Additional protection would be provided to
people and property at Congress Springs Park and at other City parks by prohibiting
anyone from throwing, kicking, or lfitting balls, rocks, or other objects from parks into
nearby roadways in a manner that could cause injury or damage.
To Promote the use of City parks for recreational sporting events, the Director of Parks
has previously issued season-long group use permits to soccer leagues and baseball
leagues, pursuant to Section 11-10.010 of the Saratoga City Code. An amendment to
'Section 11-10.010 would clarify that the Director has the authority to make a group use
permit effective for multiple times, multiple days, and multiple locatiOns.
In order to protect people and vehicles that walk or drive near parks from damage or
injury caused by errant balls and other objects, Section 2.1 of this ordinance amends
Section 11-05.030 of the Saratoga City Code to prohibit anyone from throwing, kicking,
or hitting any ball, rock, or other object from a park into a public road, parking area, or
pathway.
Eo
In order to ensure that the use of City parks for recreational sporting events is fairly and
properly controlled and allocated, Section 2.2 of this ordinance amends Section 11-
05.050(a) of the Saratoga City Code to clarify that Section 11-05.050 applies to the use or
occupation of any park or area thereof by any pre-advertised assemblage, regardless of the
number of persons assembling, and to the use or occupation of any park or area thereof by
Page 1 of 5
Ordinance No.
any group of persons twenty-five or more in number, regardless of whether the group's
use or occupation is pre-advertised.
Fo
In order to clarify the Director of Parks' authority regarding group use permits, Section
2.3 of this ordinance amends Section 11-10.010 of the Saratoga City Code to clarify that
the Director of Parks may issue any group use permit for multiple times, multiple days,
and multiple locations.
Go
In order to facilitate the processing and coordination of applications for season-long
group use permits for recreational sports leagues, ' Section 2.4 of this ordinance amends
Section 11-10.020 of the Saratoga City Code to provide that the City Council may
authorize an application for a group use permit to be filed more than ninety days in
advance of the proposed use, and Section 2.5 of this ordinance amends Section 11-10.050
of the Saratoga City Code to provide that the City Council may revoke a group use permit
at any time.
Section 2.1. Protection of Persons and Vehicles Near Parks.
Section 11-05.030 of the Saratoga City Code regarding activities prohibited in parks is
hereby amended by redesignating the existing subsection (p) as subsection (q) and by inserting a
new subsection (p), to read as set forth below:
(p) Throw, kick, or hit any ball, rock, or other object into any public driveway, roadway,
highway, parking area, sidewalk, bicycle path, or trail inside or outs.ide the park in such a
manner that the ball, rock, or other object could cause injury to any person or cause
damage to any vehicle or other property.
Section 2.2. Clarification of Acts Prohibited Except with Special Permit.
Section 11-05.050(a) of the Saratoga City Code regarding acts prohibited in parks without
a permit is hereby amended, to read as set forth below:
(a) The use or occupation of any park or area thereof by any pre-advertised assemblage or
by any group of persons twenty-five or more in number.
Section 2.3. Group Use Permits.
Section 11-10.010 of the Saratoga City Code is hereby amended as shown below. Text
inserted by this ordinance is indicated in bold, double-underlined font (example); text deleted by
this ordinance is indicated in strikeout font (e-x-ample). Text in standard font is unchanged by this
ordinance.
Page 2 of 5
Ordinance No.
11-10.010 Group use permit.
Certain predesignated areas of City parks may be made available for the temporary
eacAusi~use of groups of persons upon the issuance of a ~~X.O_UlLU_~ permit
therefor by the Director in accord with the following provisions:
(a) Each group must consist often or more persons unless it is a community-oriented
group, and have one or more adults who agree in writing to be responsible for such group
during the entire period of exclusive use of the area in question.
(b) Each group shall in no event exceed in number seventy-five percent of the capacity of
such park or the area of such park, as is established by the park regulations, and in all
events the Director shall have the authority to limit the size of the group to a number less
than such percentage of capacity in conditioning such permit.
(c) Each permit shall Specif..v (1) the park(s) and area(s) of the park(s) to which the
permit applies; (2~ the day(s) and hour(s) for which the permit is issued: over a
period not to exceed one year; (3) whether the permit is for exclusive or non-
exclusive use'., and (4) any other conditions imposed by the Director. No group use
permit shall be issued to the same or substantially the same group of persons more often
than once every ninety days.
Section 2.4. Time for Filing Group Use Permit Applications.
The introductory clause of Section 11-10.020(a) of the Saratoga City Code regarding
group use permits is hereby amended, as shown below. Text inserted by this ordinance is
indicated in bold, double-underlined font (example); text deleted by this ordinance is indicated in
strikeout font (e-x-amp~). Text in standard font is unchanged by this ordinance. Paragraphs (1)
through (7) of Section 11-10.020(a) of the Saratoga City Code are not amended by this
ordinance.
(a) Application for a group use permit shall be in writing on forms furnished by the City,
and be filed with the Director no less than twenty nor more than ninety days prior to the-
date of the proposed use, unless the CiW Council authorizes an earlier filing: and shall
contain the following information:
Section 2.5. Revocation of Group Use Permits by the City Council.
Section 11-10.050 of the Saratoga City Code regarding group use permit revocation is
hereby amended as shown below. Text inserted by this ordinance is indicated in bold, double-
- underlined font (example); text deleted by this ordinance is indicated in strikeout font (e~mapte).
Text in standard font is unchanged by this ordinance.
Page 3 of 5
Ordinance No.
11-10.050 Revocation of permit.
Any permit issued under the provisions of this Article shall be subject to revocation (i~by
the Director upon a finding of any violation of any of the provisions of this Chapt. er,-o~
any other provisions of this Code, or any of the conditions of such-permit, such or (ii/bv
the Ci.ty Council at any time, Such revocation shall be effective immediately, but
which in the ease of a revocation by the Director.. shall be subject to review by appeal
to the City Council in accOrdance with the procedure set forth in Section 2-05.030 of this-
Code.
Section 3. Severance Clause.
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 eliminated.
Section 4. Publication.
The City Clerk shall cause this ordinance or a summary thereof to 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 ,2002:
AYE S:
NOES:
ABSENT:
ATTEST:
MAYOR, CITY OF SARATOGA, CALIFORNIA
CITY CLERK
Page 4 of 5
Ordinance No.
APPROVED AS TO FORM:
CITY ATTORNEY
Page 5 of 5
Ordinance No.
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001 AGENDA ITEM: ·
ORIGINATING DEPT: City Manager's Office CITY MANAGE~ ~ ~
PREPARED BY: Lorie Tinfow DEPT HEAD:
SUBJECT: Citizen's Oversight Committee Report
RECOMMENDED ACTION(S):
None needed; informational only.
REPORT SUMMARY:
The Library Bond required the City Council to establish a Citizen's Oversight Committee (COC)
to oversee the expenditure of funds for the library project. The Committee meets monthly with
staff and representatives from Gilbane (the construction management finn).
In October, total actual and projected costs exceeded the $14.5 million 'budget set by City
Council by approximately $85,000. The COC became concerned about the potential for
overrunning the budget in the long term and asked staff to alert the Council of this potential. A
memo from staff on the Committee's behalf was presented to Council at the October 17 meeting.
At the COC meetings on November 26 and December 12, 2001, members continued to be
concerned that Councilmembers-don't fully realize that a large amount of the budgeted'
contingency funds have been used.. The two large impacts on the funds budgeted are the costs of
the temporary library (approximately $113,000) and the variance between the actual Phase I bid
and estimate (approximately $174,000). The COC has articulated their concerns in the attached
letter and ask that it be read aloud into the public record.
FISCAL IMPACTS:
At this time staff believes there are two pieces of information that mitigate the COC's concerns.
First, until Phase II bids are received, there is no way to determine the accuracy of the estimate.
Based on information from Field Paoli about the current bid climate, the bids could come in
lower, higher or on budget. Second, there are several additional funding sources available.
Council set the total target budget of $14.5 million to constrain the design of the building and
preempt the need for additional funds. The balance of $500,000 could be used to cover library
construction or temporary library expenses. A breakdown of possible sources follows:
City Council Mandated Budget Reduction
Bond Interest Income (conservative estimate)
Budgeted Contingency Funds
JPA Funds
Total
$50O,0OO
$5OO,0OO
$705,778
$380,000
$2,085,778
The actual amount and use of Bond Interest Income is currently undecided. Council asked to
reconsider the use at the time of Phase II bid awards. The JPA funds are currently designated for
furniture but could be re-designated for other purposes. If it tums out that bids come in higher
than all available funds, several actions could be taken. For example, there are deductive
alternates (i.e., substitution of less expensive materials) included in the Phase II bid that could be
used to further decrease project cost; the scope of work could be scaled back and cost negotiated
with the successful bidder; or we could choose to rebid the project.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
No action recommended; informational only.
ALTERNATIVE ACTION(S):
No action recommended; informational only.
FOLLOW UP ACTION(S):
Further evaluation of total budget impacts will be included when Phase II bids are brought to
Council for award.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Citizen's Oversight Committee Letter
2 of 2
December 14, 2001
To: Saratoga City Council
From: Citizens Oversight Committee for Library Expansion
Dear City Council members,
On behalf of the Citizens Oversight Committee (COC), I would like to take this opportunity
to express our concerns regarding the financial status of the Library Expansion Project to
both you and the general public.
Based upon the information currently available to the COC as presented by the Construction
Manager, there is a projected overran of approximately $0.5 million from the City Council's
established budget of $14,5 million. (See Attached "Budget Summary Report").
This has already left the designated contingency for the entire project more than 50%
depleted, while the project itself is roughly 10% complete. Even if all Phase 2 bids are on
target to the 'July CD Project Estimates' a contingency of less than 3% will remain to cover
both construction and non-construction costs. Additionally we feel that the miscellaneous
'soft costs' are not well reviewed. It is our opinion that the current remaining contingency
fund is inadequate for this project.
We understand that the City Council has several alternatives to increase the contingency
funds. The Council may make available funds from interest on the bonds. The Council may
change the allowable budget of $14.5 million to the full $15 million. The Council may wish
to increase the "Value Engineering" on Phase 2 of this project.
In a few weeks, the City will receive the Phase 2 bids, which to a great extent determine the
overall cost of Library Expansion Project. This provides a good opportunity review to this
financial situation along with the bid result. We recommend that the City Council plan a
strategy for the various bid result scenarios.
We urge the City Council to take appropriate steps to avoid a final cost overran on this
project.
Sincerely,
Susan Calderon, Chair
Citizens Oversight Committee
.!
Addendum:
The basis of the COC concerns are the following:
Amount the July CD EST exceeds Councilsl4.5M budget
Phase I Bids over CD Estimate
Costs over CD Estimate
Costs not in CD Estimate
Change Orders
Total Projected Overrun
Overrun
$150,664
174,165
175,884
32,866
11,111
$544,690
MEETING DATE: December 19, 2001
ORIGINATING DEPT: Public Works
PREPARED BY:
SARATOGA CITY COUNCIL
AGENDA ITEM:
CITY MANAGE~Lq,._-~ ~~
SUBJECT: The 2001-2006 Capital Improvement Plan - Adoption and Funding Appropriations
RECOMMENDED ACTION:
1. Adopt Resolution approving the 2001-2006 Capital Improvements Plan.
2. Adopt Resolution amending the Fiscal Year 2001-2002 Budget.
REPORT SUMMARY:
Please find attached two Resolutions. The first will formally adopt the 2001-2002 Capital
Improvements Plan, and the second will establish new Capital Improvement Funds and
appropriate dollars into those Funds.
_In October, the City Council approved the 2001-2006 CIP that consists of 38 projects. 26 projects
are funded and the remaining 12 are not funded at this time. The total amount funded by existing
funding sources is $6,246,350. The following is a breakdown of this total:
· General Fund: $5,295,000
· Park Development-Fund: $951,350
The total cost of the CIP as adopted is $8,571,350, which includes funding from grants and other
sources totaling $2,325,000. The total cost of the adopted CIP if all projects were fully funded is
$13,086,350.
FISCAL IMPACTS:
A total of $6,246,350 will be appropriated to the Capital Improvement Funds per the attached
Budget Resolution.
coNSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The 2001-2006 will not be approved and the associated projects would not go forward.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Establish individual Capital Projects per the approved 2001-2006 Captial Improvements Plan.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Resolution approving the 2001-2006 Capital Improvements Plan.
2. Resolution amending the Fiscal Year 2001-2002 Budget.
2 of 2
RESOLUTION NO. 01-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AMENDING THE 2001-2002 BUDGET
ESTABLISHING CAPITAL IMPROVEMENT FUNDS AND
APPROPRIATING AMOUNTS FOR SPECIFIC PROJECTS,
IN ACCORDANCE TO THE 2001-2006 CAPITAL
IMPROVEMENTS PLAN
WHEREAS, the City Council desires to implement the 2001-2006 Capital Improvements Plan as
adopted by Resolution no. ., and;
WHEREAS, the City desires to establish funds and appropriate dollar to be allocated to various
capital improvement projects (attachment A);
WHEREAS, the City also desires to make project length appropriations that do not lapse at year
end (multi-year budget);
NOW, THEREFORE, The City Council of the City of Saratoga hereby resolves as follows:
Section 1.
Establishment of Capital Improvement Funds
Public Safety CIP
Infrastructure CIP
Facilities CIP
Parks and Trails CIP-
Appropriation
$ 3,650,000
$ 4,525,000
$1,045,000
$ 3,866,350
Section 2. Fund Transfers
Contributions will be provided by (operating transfer/equity reduction) from the general fund and
the parks development fund in the amounts of $5,295,000 and $951,350, respectively.
Section 3. Effective Date
This above and foregoing resolution will be in force and effective upon .passage and adoptionat
an adjourned meeting of the Saratoga.
AND BE IT FURTHER RESOLVED, to adjust the City of Saratoga's Fiscal Year 2001-2002
budget for the appropriations stated above.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 19th day of December 2001 by the following vote:
AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith,
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Nick Streit} Mayor
Cathleen Boyer, City Clerk
RESOLUTION NO. 01-
-RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING A CAPITAL IMPROVEMENTS PLAN FOR THE CITY
WHEREAS, the Public Works Director has submitted a proposed Capital Improvements
Plan for the period of July 1, 2001, through June 30, 2006, inclusive, and
WHEREAS, the Planning Commission did, on October 10, 2001, find the proposed Plan
to be consistent with the Saratoga General Plan as required by Section 65401 of the State
of California Government Code, and
WHEREAS, the City Council has reviewed the proposed Plan at several workshops and
at duly noticed public hearings held on September 19, 2001, and October 17, 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga:
Section 1. The proposed Capital Improvement Plan as submitted by the Public Works
Director, reviewed by the Planning Commission, and designated as exhibit "A" attached
hereto is adopted by the City Council.
Section 2. The Public Works Director is hereby directed to present an annual report on
the status of the Plan to the City Council in September of each year with
recommendations for amendment as necessary.
Section 3. Any revision to this Plan shall only be authorized by resolution of the City
Council.
· The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a meeting held on the 19th day of December, 2001, by the following vote:
AYES:
CounCilmembers Stan'Bogosian, John Mehaffey, Ann Waltonsmith,
Vice Mayor Evan Baker, Mayor Nick'Streit
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Nick Streit, Mayor
Cathleen Boyer, City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001 AGENDA ITEM:
ORIGINATING DEPT: Administrative Services CITYMANAGE~~'~_ ' ~._~'~/(xr'v
SUBJECT: AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST
RECOMMENDED ACTION(S):
To adopt those amendments already made and approved by the Federal Economic Growth and
Tax Relief Reconciliation Act of 2001 which enhance benefits provided by deferred
compensation plans effective January 1, 2002.
REPORT SUMMARY:
The Economic Growth and Tax Relief and Reconciliation Act of 2001 (EGTRRA) allows plan
trustees to amend eligible 457 deferred compensation plans to provide additional benefits to
participants. Effective January 1, 2002, the City's plan documents will allow for greater
contribution limits, greater catch-up opportunities, and increased portability between other tax
deferred retirement accounts. For example, pl{m contribution limits will increase from $8,500 to
$11,000, effective January 1, 2002~ increasing $1,000 annually until the year 2006.
FISCAL IMPACTS:
No fiscal impact to the City.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The City of Saratoga's deferred compensation plan and trust will not be in accordance with the
enhanced federal guidelines.
ALTERNATIVE ACTION(S):
Do not adopt new plan and trust document.
FOLLOW UP ACTION(S):
Send revised plan and trust document to plan administrators (ICMA and Great-
West/BenefitsCorp).
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENT:
Resolution to adopt amended deferred compensation plan and trust document.
RESOLUTION NO. 00 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA AMENDING THE
DEFERRED COMPENSATION PLAN AND TRUST
WHEREAS, the City of Saratoga has employees rendering Valuable services; and
WHEREAS, the City of Saratoga has established a deferred compensation plan for such
employees; and
WHEREAS, the Federal Economic Growth and Tax Relief Reconciliation Act of 2001
provides for enhancements of the benefits of such a deferred compensation plan effective
January 1, 2002:
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Saratoga
hereby amends and restates the deferred compensation plan and trust (the "Plan") in the
form of The Plan and Trust Document (copy attached hereto):
The above and foregoing resolution was passed and adopted by the City C'ouncil of the
City of Saratoga on the 19th DAY OF DECEMBER, 2001, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
John Mehaffey, Mayor
Cathleen Boyer, City Clerk
Attachment
DEFERRED COMPENSATION PLAN & TRUST
As Amended and Restated Effective January 1, 2001
Article I. Purpose
The Employer hereby establishes the Employer's Deferred Compensation Plan and Trust, hereafter referred
to as the "Plan." The Plan consists of the provisions set forth in this document.
The primary purpose of this Plan is to provide retirement income and other deferred benefits tO the Employ-
ees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the
Internal Revenue Code of 1986, as amended (the "Coder'S,.
This Plan shall be an agreement solely between the Employer and participating Employees. The Plan and
Trust forming a part hereof are established.~.m'!d shall be maintained for the exclusive benefit of Participants
and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the E.rnployer or be used
for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries.
Article II. Definitions
2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount
of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in
market value attributable to the Employer's investment of the Participant's Deferred Compensation, and
further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses
charged against such Participant's Deferred Compensation.
2.02 Accounting Date: Each business day that the New York Stock Exchange is open for trading, as pro-
vided in Section 6.06 for valuing the Trust's assets.
2.03 Administrator:. The person or persons named to carry out certain nondiscretionary administrative
functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator
upon 60 days' advance notice in writing to such person, in which case the Employer shall name another
person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in
writing to the Employer, in which case the Employer shall name another person or persons to act as Admin-
istrator.
2.04 Automatic Distribution Date: Prior to January 1, 2002, "Automatic Distribution Date" means the
60th day of the calendar year after the Plan Year of the Participant's Retirement or any other date permitted
under the regulations promulgated under Code section 457. On and after January 1, 2002, "Automatic ~
Distribution Date" means April 1 of the calendar year after the Plan Year the Participant attains age 70-1/~
or, if later, has a Severance Event.
2.05 Beneficiary: The person or persons designated by the Participant in his or her Joinder Agreement who
shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the
Participant names two or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits
payable at the Participant's death, unless otherwise provided in the Participant's Joinder Agreement. If no
beneficiary is designated in the Joinder Agreements if the Designated Beneficiary predeceases the Participant,
or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the
estate of the Participant shall be the Beneficiary. If a married Participant resides in a community or marital
property state, the Participant shall be responsible for obtaining appropriate consent of his or her spouse in
the event the Participant designates someone other than his or her spouse as Beneficiary.
2.06 Deferred Compensation: The amount'ofNormal Compensation otherwise payable to the Participant
which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Partici-
pant's Account by reason of a transfer under Section 6.09, a rollover under Section 6.10, or any other
amount which the Employer agrees to credit to a Participant's Account.
2.07 Dollar Limitation: The applicable dollar amount within the meaning of Section 457(b)(2)(A) of the
Code, as adjusted for the cost-of-living in accordance with Section 457(e)(15) of the Code.
2.08 Employee: Any individual who provides services for the Employer, whether as an employee of the
Employer or as an independent contractor, and who has been designated by the Employer as eligible to
participate in the Plan.
2.09 Employer: , which is a political subdivision, agency or
instrumentality of the [State/Commonwealth] of , within the
meaning of Section 414(d) of the Code and Section 3(32) of the Employee Retirement Income Security Act
of 1974, as amended ("ERISA").
2.10 457 Catch-Up Dollar Limitation: Prior to January 1, 2002, "457 Catch-Up Dollar Limitation"
means $15,000. On and after January 1, 2002, "457 Catch-Up Dollar Limitation" means twice the Dollar
Limitation.
2.11 Includible Compensation: The amount of an Employee's compensation from the Employer for a
taxable year that is attributable to services performed for the Employer and that is includible in the Employ-
ee's gross income for the taxable year for federal income tax purposes as defined in Section 457(e)(5) of the
Code; such term does not include any amount excludable from gross income under this Plan or any other
plan described in Section 457(b) of the Code or any other amount excludable from gross income for federal
income tax purposes. Includible Compensation shall be determined without regard to any community
property laws.
2.12 Joinder Agreement: An agreement entered into between an Employee and the Employer, including
any amendments or modifications thereof. Such agreement shall fix the'amount of Deferred Compensation,
specify a preference among the investment alternatives designated by the Employer, designate the Employee's
Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference.
2.13 Normal Compensation: The amount of Compensation which would be payable to a Participant by'
the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this
Plan.
2.14 Normal Limitation: The maximum amount of Deferred Compensation for any Participant for any
taxable year (other than amounts referred to in Sections 6.09 and 6.10).
2.15 Normal Retirement Age: Age 70-1/2, unless the Participant has elected an alternate Normal Retire-
ment Age by written instrument delivered to the Administrator prior to a Severance Event. A Participant's
Normal Retirement Age determines the period during which a Participant may utilize the 457 Catch-Up
Dollar Limitation of Section 5.02(b) hereunder. Once a Participant has to any extent utilized the catch-up
limitation of Section 5.02(b), his Normal Retirement Age may not be changed.
A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant
will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retire-
ment plan covering the Participant and may not be later than the date the Participant will attain age 70-1/2..
If a Participant continues employment after attaining age 70-1/2, not having previously elected alternate
Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the
mandatory retirement age, if any, established by the Employer, or the' age at which the Participant actually '
has a Severance Event if the Employer has no mandatory retirement age. If the Participant will not become
eligible to receive benefits under a basic retirement p!an.tllajntained by the Employer, the Participant's
alternate Normal Retirement Age may not be earlier than age 55 and may not be later than age 70-1/2.
2.16 Participant: Any Employee who h~4oined the Plan pursuant to the requirements of Article 1M.
2.17 Percentage Limitation: Prior to January 1, 2002, the Percentage Limitation mean~ 33 1/3 percent of
the participant's Indudible'Compensation for the taxable year, which will ordinarily be equivalent to the
lesser of the Dollar Limitation in effect for the taxable year or 25 percent of the Participant's Normal Com-
pensation. After December 31, 2001, the Percentage Limitation means 100 percent of the participant's
Includible Compensation for the taxable year, which will ordinarily be equivalent to the lesser of the Dollar
Limitation in effect for the taxable year or 50 percent of the Participant's Normal Compensation.
2.18 Plan Year:. The calendar year.
2.19 Retirement: The first date upon which both of the following shall have occurred with respect to a
participant: Severance Event and attainment of age 65.
2.20 Severance Event: Prior to January 1, 2002, severance of the Participant's employment with the Em-
ployer that constitutes a "separation from service" within the meaning of Section 402(e)(4)(D)(iii) of the
Code. After December 31,2001, a Severance Event means a severance of the Participant's employment with
the Employer within the meaning of Section 457(d)(1)(A)(ii) of the Code.
In general, a Participant shall be deemed to have experienced a Severance Event for purposes of this Plan
when, in accordance with the established practices of the Employer, the employment relationship is consid-
ered to have actually terminated. In the Case of a Participant who is an independent contractor of the Em-
. ployer, a Severance Event shall be deemed to have occurred when the Participant's contract under which
services are performed has completely expired and terminated, there is no foreseeable possibility that the ,, J.
Employer will renew the contract or enter into a new contract for the Participant's services, and it is not
anticipated that the Participant will become an Employee of the Employer, or such other events as may be
permitted under the Code. '
2.21 Trust: The Trust created under Article VI of the Plan which shall consist of all compensation deferred
under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants
and Beneficiaries.
Article III. Administration
3.01 Duties of the Employer: The Employer shall have the authority to make all discretionary decisions
affecting the rights or benefits of Participants which may be required in the administration of this Plan. The
Employer's decisions shall be afforded the maximum deference permitted by applicable law.
3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform
nondiscretionary administrative functions in connection with the Plan, including the maintenance of Par-
ticipants' Accounts, the provision of periodic reports of the statUs of each Account, and the disbursement of'
benefits on behalf of the Employer in accordance with the provisions of this Plan.
Article IV. Participation in the Plan
4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement
prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer
compensation not yet earned, or such othe~date as may be permitted under the Code.
4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to
change the amount of Normal Compensation not yet earned which is to be deferred (including the reduc-
tion of such future deferrals to zero). Such amendment shall become effective as of the beginning of the
calendar month commencing after the date the amendment is executed, or such other date as may be per- -
mitted under the Code. A Participant may at any time amend his or her Joinder Agreement to change the
designated Beneficiary, and such amendment shall become effective immediately.
Article V. Limitations on Deferrals
5.01 Normal Limitation: Except as provided in Section 5.02, the maximum amount of Deferred Com-
pensation for any Participant for any taxable year, shall not exceed the lesser of the Dollar Limitation or the
Percentage Limitation.
5.02 Catch-Up Limitations:
(a)
Catch-up Contributions for Participants Age 50 ~nd Over: A Participant who has attained the
age of 50 before the dose of the Plan Year, and with respect to whom no other elective deferrals
may be made to the Plan for the Plan Year by reason of the Normal Limitation of Section 5.01,
may enter into a Joinder Agreement to make elective deferrals in addition to those permitted by
the Normal Limitation in an amount not to exceed the lesser of (1) the applicable dollar amount
as defined in Section 414(v) (2)(B) of the Code, as adjusted for the cost-of-living in accordance
with Section 414(v)(2)(C) of the Code, or (2) the excess (if any) of (i) the Participant's compen-
sation (as defined in Section 415(c)(3) of the Code) for the year, over (ii) any other elective
deferrals of the Participant for such year which are made without regard to this Section 5.02(a).
An additional contribution made pursuant to this Section 5102(a) shall not, with respect to the
year in which the contribution is made, be subject to any otherwise applicable limitation con-
tained in Section 5.01 above, or be taken into account in applying such limitation to other
contributions or benefits under the Plan or any other plan. This Section 5.02(a) shall not apply
in any year to which Section 5.02(b) applies. The provisions of this Section 5.02(a) of the Plan
shall only apply on and after January 1, 2002.
(b) Last Three Years Catch-up Contribution: For each of the last three (3) taxable years for a Partici-
pant ending before his or-her attainment of Normal Retirement Agel the maximum amount of
Deferred Compensation shall be the lesser of.' (1) the 457 Catch-Up Dollar Limitation, or (2)
the sum of (i) the Normal Limitation for the taxable year, and (ii) the Normal Limitation for
each prior taxable year of the Participant commencing after 1978 less the amount of the Partici-
pant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken
into account under the preceding sentence only if (x) the Participant was eligible to participate in
the Plan for such year (or in any other eligible deferred compensation plan established under
Section 457(b) of the COde which is properly taken into account pursuant to regulations under
Section 457), and (y) compensation (if any) deferred under the Plan (or such other plan) was
subject to the Normal Limitation.
5.03 Other Plans: Notwithstanding any provision of the Plan to the contrary' the amount excludible from
a Participant's gross income under this Plan or any other eligible deferred compensation plan under Section
457(b) of the Code shall not exceed the limits-set forth in Sections 457(b) and 414(v) of the Code. Prior to
January 1, 2002, the limits under. Section 457(b) of the Code described in the first sentence, of this Section
5.03 shall be further reduced by any amount excluded from gross income under Sections 401 (k), 402(e)(3),
402(h) (1)(B), and 403(b) of the Code, or any amount with respect to which a deduction is allowable by
reason of a contribution to an organization described in Section 501 (c)(18) of the Code.
Article VI. Trust and Investment of Accounts
6.01 Investment of Deferred Compensation: A Trust is hereby created to hold all the assets of the Plan
for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid from
the Trust as provided in Section 6.03. The trustee shall be the Employer or such other person that agrees to
act in that capacity hereunder.
6.02 Investment Powers: The trustee or the Administrator, acting as agent for the trustee, shall have the
powers listed in this Section with respect to investment of Trust assets, except to the extent that the invest-
ment of Trust assets is directed by Participants, pursuant to Section 6.05.
To invest and reinvest the Trust without distinction between principal and income in common or
preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans,
notes, debentures, certifiCates of deposit, contracts with insurance companies including but not
limited to insurance, individual or group annuity, deposit, administration, guaranteed interest
contracts, and deposits at reasOnable rates of interest at banking institutions including but not
limited to savings accounts and certificates of deposit. Assets of the Trust may be invested in
securities that involve a higher degree of risk than investments that have demonstrated their ,,~
investment performance over an extended period of time.
(b)
To invest and reinvest all or any part of the assets of the Trust in any common, collective or
commingled trust fund that is maintained by a bank or other institution and that is available to
Employee plans described under Sections 457 or 401 of the Code, or any successor provisions
thereto, and during the period of time that an investment through any such medium shall exist,
to the extent of participation of the Plans the declaration of trust of such commonly collective, or
commingled trust fund shall constitute a part of this Plan.
(c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit
administration or guaranteed interest contract issued by an ir~surance company or other financial
institution on a commingled or collective basis with the assets of any other 457 plan or trust
qualified under Section 401 (a) of the Code or any other plan described in Section 401 (a) (24) of
the Code, and such contract may be held or issued in the name of the Administrator, or such
custodian as the Administrator may appoint, as agent and nominee for the Employer. During
the period that an investment through any such contract shall exist, to the extent of participation
of the Plan, the terms and conditions of such contract shall constitute a part of the Plan.
(d)
To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances,
without liability for interest, in such amounts as may from time to time be deemed to be reason-
able and necessary to. meet obligations undeg,,the Plan or otherwise to be in the best interests of
the Plan.
(e)
To hold, to authorize the holding of, and to register any investment to the Trust in the name of
the Plan, the Employer, or any nominee or agent of any of the .foregoing, incJuding the Adminis-
trator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central
depository even though, when so deposited, such securities may be merged and held in bulk in.
the name of the nominee of such depository with other securities deposited therein by any other
person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose
of acquiring or holding title to any property for the Trust, all with or without the addition of
words or other action to indicate that property is held in a fiduciary or representative capacity
but the books and records of the Plan shall at all times show that all such investments are part of
the Trust.
(f)
(g)
(h)
(i)
Upon such terms as may be deemed advisable by the Employer or the Administrator, as the case
may be, for the protection of the interests of the Plan or for the preservation of the value of an
investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or
to waive any right or claim on behalf of the Plan or any default in any obligation owing to the
Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or
agree to any other modification or change in the terms of any obligation owing to the Plan, to
settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the
Plans to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and
take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or
defend suits or other legal proceedings whenever any interest of the Plan requires it, and to
represent the Plan in all suits or legal proceedings in any court of law or equity or before any
body or tribunal.
To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan.
To open and maintain any bank account or accounts in the name of the Plan, the Employer, or
any nominee or agent of the foregoing, including the Administrator, in any bank or banks.
To do any and all other acts that may be deemed necessary to carry out any of the powers set
forth herein.
Taxes and Expenses: All taxes of any and all kinds whatsoever that may be levied or assessed under
or future laws upon the Plan, or in respect to the Trust, or the income thereof, and all commissions
uisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust,
be paid from the Trust. Such reasonable compensation of the Administrator, as may be agreed upon
time to time by the Employer and the Administrator, and reimbursement for reasonable expenses
by the Administrator in performance of its duties hereunder (including but not limited to fees for
accounting, investment and custodial services) shall also be paid from the Trust.
Payment of Benefits: The payment of benefits from the Trust in accordance with the terms of the
~may be made by the Administrator, or by any custodian or other person so authorized by'the Employer
such disbursement. The Administrator, custodian or other person shall not be liable with respect to
ibution of Trust assets made at the direction of the Employer.
Investment Funds: In accordance with uniform and nondiscriminatory rules established by the
and the Administrator, the Part, ant may direct his or her Accounts to be invested in one (1) or
investment funds available under the Plan; provided, however, that the Participant's investment direc-
tions shall not violate any investment restrictions established by the Employer. Neither the Employer, the
:, nor any other person shall be liable for any losses incurred by virtue of following such direc-
or with any reasonable administrative delay in implementing such directions.
:6.06 Valuation of Accotmts: As of each Accounting Date, the Plan assets held in each investment fund
· offered shall be valued at fair market value and the investment income and gains or losses for each fund shall
be determined. Such investment income and gains or losses shall be allocated proportionately among all
Account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such Account
balance as of the immediately preceding Accounting Date bears to the total of all. such Account balances as
of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of
all Participants and Beneficiaries.
6.07 Participant Loan Accounts: Participant Loan Accounts shall be invested in accordance with Section
8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the invest-
ment funds described in Sections 6.05 and 6.06.
6.08 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the invest-
ments or other property obtained by the Employer through the investment of the Paruc,pant s Deferred
Compensation pursuant to Sections 6.05 and 6.06. It is anticipated that the Employer's investments with
respect to a Participant will conform to the investment preference specified in the Participant's Joinder
Agreement, but nothing herein shall be construed to require the Employer to make any particular invest-
ment of a Participant's Deferred Compensation. Each Participant shall receive periodic repons, not less ~
frequently than annually, showing the then current value of his or her Account. ~'
6.09
TransFers:
(a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan
maintained by another employer and credited to a Participant's Account under the Plan if (i) the
Participant has had a Severance Event with that employer and become an Employee of the
Employer, and (ii) the other employer's plan provides that such transfer will be made. The
Employer may require such documentation from the predecessor plan as it deems necessary to
effectuate the transfer in accordance with Section 457(e)(10) of the Code, to confirm that such
plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the
6.10
Code, and to assure that transfers are provided for under such plan. The Employer may refuse to
accept a transfer in the form of assets other than cash, unless the Employer and the Administra-
tor agree to hold such other assets under the Plan.
Any such transferred amount shall not be treated as a deferral subject to the limitations of Article
V, except that, for purposes of applying the limitations of Sections 5.01 and 5.02, an amount
deferred during any taxable year under the plan from which the transfer is accepted shall be
treated as if it has been deferred under this Plan during such taxable year and compensation paid
by the transferor employer shall be treated as if it had been paid by the Employer.
(b)
Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan
- maintained by another employer, and charg,e,.d..to a Participant's Account under this Plan, if (i)
the Participant has a Severance Event with the Employer and becomes an employee of the other
employer, (ii) the other employer's plan provides that such transfer will be accepted, and (iii) the
Participant and the employers..=~gve signed such agreements as are necessary to assure that the
Employer's liability to pay benefits to the Participant has been discharged and assumed by the
other employer. The Employer may require such documentation from the o{her plan as it deems
necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation
plan within the meaning of Section 457(b) of the Code, and to assure that transfers are provided
for under such plan. Such transfers shall be .made only under such circumstances as are permit-
ted under Section 457 of the Code and the regulations thereunder.
Eligible Rollover Distributions:
(a) Effective Date: This Section 6.10 i~ effective January 1, 2002.
(b)
Incoming Rollovers: An eligible rollover distribution may be accepted from an eligible retire-
ment plan maintained by another employer and credited to a Participant's Account under the
Plan. The Employer may require such documentation from the distributing plan as it deems
necessary to effectuate the rollover in accordance with Section 402 of the Code and to confirm
that such plan is an eligible retirement plan within the meaning of Section 402(c)(8)(B) of the
Code. The Plan shall separately account for eligible rollover distributions from any eligible
retirement plan that is not an eligible deferred compensation plan described in Section 457(b) of
the Code maintained by an eligible governmental employer described in Section 457(e)(1)(A) of
Code.
(c)
Outgoing Rollovers: Notwithstanding any provision of the Plan to the contrary that would
otherwise limit a distributee's election under this Section, a distributee may elect, at the time and
in the manner prescribed by the Administrator, to have any portion of an eligible rollover distri-
bution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(d) Definitions:
(1)
Eligible Rollover Distribution: An eligible rollover distribution is any distribution of
all or any portion of the balance to the credit of the distributee, except that an eligible
rollover distribution does not include: any distribution that is one of a series of sub-
stantially equal periodic payments (not less frequently than annually) made for the life
(or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the
distributee and the distributee's designated beneficiary, or for a specified period of ten
years or more; any distribution to the extent such distribution is required under Sec-
tions 401(a)(9) and 457(d)(2) of the Code; and any distribution made as a result of an
unforeseeable emergency of the employee. Fro' purposes of distributions from other
eligible retirement plans rolled over into this Plan, the term eligible rollover distribu-
tion shall not include the portion of any distribution that is not includible in gross
income (determined without regard to the exclusion for net unrealized appreciation
with respect to employer securities).
(2)
Eligible Retirement Plan: An eligible retirement plan is an individual retirement .'
account described in Section 408(a) of the Code, an individual retirement annuity
described in Section 408(b) of the Code, an annuity plan described in Sections 403(a)
or 403(b) c~f the Code, a qualified'~}/ast described in Section 401(a) of the Code, or an
eligible.deferred compensation plan described in Section 457(b) of the Code which is
maintained by an e!~.i, ble governmental employer described in Section 457(e)(1)(A) of
the Code, that accel3iS the distributee's, eligible rollover distribution.
(3)
Distributee: A distributee in.cludes an employee or former employee. In addition, the
employee's or former employee's surviving spouse and the employee's or former em-
ployee's spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Section 414(p) of the Code, are distributees with regard
to the interest of the spouse or former spouse.
(4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement
plan specified by the distributee.
Trustee-to-Trustee Transfers to Purchase Permissive Service Credit: All or a portion of a Partici-
Account may be transferred directly to the trustee of a defined benefit governmental plan (as defined
,in Section 414(d) of the Code) if such transfer is (A) for the purchase of permissive service credit (as defined
Section 415 (n)(3)(A) of the Code) under such plan, or (B) a repayment to which Section 415 of the Code
not apply by reason of subsection (k)(3) thereof, within the meaning of Section 457(e)(17) of the Code.
~ 6.12 Treatment of Distributions of Amotmts Previously Rolled Over From 401(a) and 403(b) Plans
,and IRAs. For purposes of Section 72(t) of the Code, a distribution from this Plan'shall be treated as a
distribution from a qualified retirement plan described in Section 4974(c)(1) of the Code to the extent that
-such distribution is attributable to an amount transferred to an eligible deferred compensation plan from a
qualified retirement plan (as defined in Section 4974(c) of the Code).
6,13 Deemed IR/ks: Effective for Plan Years beginning after December 31, 2002, the Employer may elect
allow Employees to make voluntary employee contributions to a separate account or annuity established
Plan that complies with the requirements of Code section 408(q) and any regulations promul-
Such accounts or annuities shall meet the applicable requirements of Code sections 408 or
-ii08A and shall be treated as an individual retirement plan that is not part of the Plan.
Employer Liability= In no event shall the Employer's liability to pay benefits to a Participant under
Plan exceed the value of the amounts credited to the Participant's Account; neither the Employer nor
Administrator shall be liable for losses arising from depreciation or shrinkage in the value of any invest-
acquired under this Plan.
Article VII. Benefits
7.01 Retirement Benefits and Election on Severance Event:
(a)
General Rule: Except as otherwise provided in this Article VII, the distribution of a Participant's
Account shall commence as of a Participant's Automatic Distribution Date, and the distribution
of such benefits shall be made in accordance with one of the payment options described in
Section 7.02. Notwithstanding the foregoing, but subject to the following paragraphs of this
Section 7.01, the Participant may elect following a Severance Event to have the distribution of
benefits commence on a fixed determinable date other than that described in the preceding
sentence, but not later than April 1 of the year following the year of the Participant's Retirement
or attainment of age 70-1/2, whichever is la,er. Prior to January 1, 2002, an election made
pursuant to the preceding sentence shall 'not be valid unless such election is made not less than
30 days prior to the date that the distribution of a Participant's Account would otherwise com-
mence.
(b)
Additional Delay in Distribution: Prior to January 1, 2002, the Participant may elect to defer
the commencement of distribution of benefits to a fixed determinable date later than the date
provided in Section 7.01(a), but not later than April 1 of the year following the year of the
Participant's retirement or attainment of age 70 1/2, whichever is later, provided, however, that.
(a) such election is made after the 61st day following the Participant's Severance Event and before
commencement of distributions, (b) the Participant may make only one (1) such election, and
(c) such election is made not less than 30 days prior to the date the distribution of a Participant's
Account would otherwise commence. On or after January 1, 2002, the Participant's right to
change his or her election with respect to commencement of the distribution of benefits shall not
be restrained by this Section 7.01. Notwithstanding the foregoing, the Administrator, in order
to ensure the orderly administration of this provision, may establish a deadline after which such
election to defer the commencement of distribution of benefits shall not be allowed.
(c)
Loans: Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the
commencement of benefits after a Severance Event shall operate to defer the distribution of any
amount in the Participant's Loan Account in the event of a default of the Participant's loan.
7.02 Payment Options: As provided in Sections 7.01, 7.04 and 7.05, a Participant may elect to have
value of the Participant's Account distributed in accordance with one of the following payment options,
provided that such option is consistent with the limitations set forth in Section 7.03.
(a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Partici-
pant, continuing until bis or her Account is exhausted;
(b) One lump-sum payment;
(c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to con-
tinue for a period certain chosen by the Participant.
(d)
Annual Payments equal to the minimum distributions required under Section 401 (a)(9) of the
Code, including the incidental death benefit requirements of Section 401 (a)(9)(G), over the life
expectancy of the Participant or over the life expectancies of the Participant and his or her
Beneficiary.
(e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the
Employer.
(f)
A split distribution under which payments under options (a), (b), (c) or (e) commence or are
made at the same time, as elected by the Participant under Section 7.01, provided that all
payments commence (Or are made) by the latest benefit commencement date under Section
7.01.
(g) Any other payment option elected by the Participant and agreed to by the Employer and Ad-
ministrator.
A Participant's selection of a payment option made after.December 31, 1995, under Subsections (a), (c), or
(g) above may indude the selection of an automatic-annual cost-of-living increase. Such increase will be
based on the rise in the Consumer Price Index for All Urban Consumers (CPI-U) from the third quarter of
the last year in which a cost-of-living inere~sewas provided to the third quarter of the current year. Any
increase will be made in periodic payment checks beginning the following January.
If, prior to January 1, 2002, a Participant made a timely election of a payment date but failed to specify a
payment option or failed to make a timely election of both payment date and option, and as a result, was
defaulted to benefit commencement at age 65, or such other date as the Participant may have Specified,
benefits shall be paid annually in the amount of $100 per year commencing at age 65 or the date specified
by the Participant until the Participant reaches age 70-1/2. When the Participant reaches age 70-1/2,
payments shall be made.in accordance with Code section 401 (a)(9) and the regulations thereunder.
7.03 Limitation on Options: No payment option may be selected by a Participant under subsections
7.02(a) or (c) unless the amount of any installment is not less than $100. No payment option may be
selected by a Participant under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections
401(a)(9) and 457(d)(2) of the Code, including that payments commencing before the death of the Partici-
pant shall satisfy the incidental death benefit requirements under Section 401 (a)(9)(G).
7.04 Post-Retirement Death Benefits:
(a)
Should the Participant die after he/she has begun to receive benefits under a payment option, the
remaining payments, if any, under the payment option shall continue until the Administrator
receives notice of the Participant's death. Upon notification of the Participant's death, benefits
shall be payable to the Participant's Beneficiary commencing not later than December 31 of the
year following the year of the Participant's death, provided that the Beneficiary may elect to
begin benefits earlier than that date. :
(b)
If the Beneficiary has not attained .age 80 at the time payments commence, he or she may elect to
receive payments in a single lump-sum payment or in equal or approximately equal monthly,
quarterly, semi-annual or annual payments continuing over a period not to exceed ten years from
the first payment. The Beneficiary also may elect to receive a partial lump-sum payment fol-
lowed by monthly, quarterly, semi-annual or annual installments, provided that all payments are
made within a period of ten years from the initial payment. In the event that the Beneficiary is
age 80 or over, the remaining balance in the Participant's account will be paid to the Beneficiary
in a single lump sum.
7.05
7.06
(c)
In the event that the Beneficiary dies before the payment of death benefits has commenced or
been completed, the remaining value of the Participant's Account shall be paid to the estate of
the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary,
payment shall be made to the estate in a lump sum.
Pre-Retirement Death Benefits:
(a)
Should the Participant die before he or she has begun to receive the benefits provided by Section'
7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing not
later than December 31 of the year following the year of the Participant's death, provided that
the Beneficiary may elect to begin benefits earlier than that date.
(b)
If the Beneficiary has not attained age 80 at t~fi 'time payments commence, he or she may elect to
receive payments in a single lump-sum payment or in equal or approximately equal monthly,
quarterly, semi-annual or annu_.~l_,payments continuing over a period not to exceed ten years from
the first payment. The BeneficiarY also may elect to receive a partial lump-sum payment
followed by monthly, quarterly, semi-annual or annual installments, provided 'that all payments
are made within a period of ten years from the initial payment. In the event that the Beneficiary
is age 80 or over, the remaining balance in the Participant's account will be paid to the
Beneficiary in a single lump sum.
(c)
In the event that the Beneficiary dies before the payment of death benefits has commenced or
been completed, the remaining value of the Participant's Account shall be paid to the estate of
the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary,
payment shall be made to the estate in a lump sum.
Unforeseeable Emergendes:
(a) In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to
receive that part of the value of his or her Account that is reasonably needed to satisfy the emer-
· gency need. If such an application is approved by the Employer, the Participant shall be paid
only such amount as the Employer deems necessary to meet the emergency need, but paymeni
shall not be made to the extent that the financial hardship may be relieved through cessation of
deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the
extent such liquidation would not itself cause severe financial hardship.
(b)
'An unforeseeable emergency shall be deemed to involve only circumStances of severe financial
hardship to the Participant resulting from a sudden unexpected illness, accident, or disability of,
the Participant or of a dependent (as defined in Section 152(a) of the Code) of the Participant;
loss of the Participant's property due to casualty, or other similar and extraordinary unforeseeable
circumstances arising as a result of events beyond the control of the Participant. The need to
send a Participant's child to college or to purchase a new home shall not be considered unforesee-
able emergencies. The determination as to whether such an unforeseeable emergency exists shall
be based on the merits of each individual case.
7.07 De Minimis Accounts: Notwithstanding the foregoing provisions of this Article, prior to January 1,
2002, if the value of a Participant's Account does not exceed the dollar limit under Section 411 (a)(11)(A) of
the Code as described in Section 457(e)(9)(A) of the Code and (a) no amount has been deferred under the
Plan with respect to the Participant during the 2-year period ending on the date of the distribution and (b)
there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07, the
Participant may elect to receive or the Employer may involuntarily distribute the Participant's entire Account
without the consent of the Participant. Such distribution shall be made in a lump sum.
On or after January 1, 2002, if the value of a Participant's Account is less than $1,000, the Participant's
Account shall be paid to the Participant in a single lump sum distribution,~ provided that (a) no amount has .
been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of
the distribution and (b) there has been no prior distribution under the Plan to the Participant.pursuant to
this Section 7.07. If the value of the Participant's Account is at least $1,000 but not more than the dollar
limit under Code Section 411 (a)(11)(A) and (a) no amount has been deferred under the Plan with respect to
the Participant during the 2-year period ending on the date, of the distribution and (b) there has' been no
prior distribution under the Plan to the Participant pursuant to this Section 7.07, the Participant may elect
to receive his or her entire Account. Such distribution shall be made in a lump sum.
Article VIII. Loans to Participants
8.01 Availability of Loans to Participants:
(a)
The Employer may elect to make loans available to Participants in this Plan. If the Employer has
elected to make loans available to Participants, a Participant may apply for a loan from the Plan
subject to the limitations and other provisions of this Article.
(b)
The Employer shall establish written guidelines governing the granting of loans, provided that
such guidelines are approved by the Administrator and are not inc6ntistent with the provisions
of this Article, and that loans are made available to all Participants on a reasonably equivalent
basis.
8.02 Terms and Conditions of Loans to Participants:
Any loan by the Plan to a Participant under Section 8.01 of the Plan shall satisfi/the following requirements:
(a) Availability. Loans shall be made available to all Participants on a reasonably equivalent basis.
(b) Interest Rate. Loans must be' adequately secured and bear a reasonable interest rate.
(c) Loan Limit. No Participant loan shall exceed the present value of the Participant's Account.
(d) Foreclosure. In the event of default on any installment payment, the outstanding balance of the
loan shall be a deemed distribution. In sUch event, an actual distribution of a plan loan offset
amount will not occur until a distributable event occurs in the Plan.
(e) Reduction of Account. Notwithstanding any other provision of this Plan, the portion 6f the
Participant's Account balance used as a security interest held by the Plan by reason of a loan
outstanding to the Participant shall be taken into account for purposes of determining the
amount of the Account balance payable at the time of death or distribution, but only if.the
reduction is used as repayment of the loan.
(f) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the out-
standing balance (principal plus accrued interest) due on any other outstanding loans to the
Participant from the Plan and from all other plans of the Employer that are qualified employer
plans under Section 72(p)(4) of the Code shall not exceed the lesser of'.
(1) $50,000, reduced by the excess (if any) of
(a) The highest outstanding balance of loans from the Plan during the one (1) year
period ending on ihe day before the date on which the l°an is made, over
(b) The outstanding balance of loans from the Plan on the date on which such loan
is made; or
(2) One-half of the value of the Participant's interest in all of his or her Accounts under this
Plan. '
(g)
Application for Loan. The Participant must give the Employer adequate writt.en notice, as
determined by the Employer, of the amount and desired time for receiving a loan. No more than
one (1) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be
approved if an existing loan from the Plan to the Participant is in default to any extent.
(h)
Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially
equal installments of principal and interest, at least monthly, over a period that does not exceed
five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are
applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time
(determined at the time of the loan is made) after the loan is made as the principal residence of
the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall
not exceed a reasonable period determined by the Employer. Principal installments and interest
payments otherwise due may be suspended for up to one (1) year during an authorized leave of
absence, if the promissory note so provides, but not beyond the original term permitted under
this subsection (h), with a revised payment schedule (within such term) instituted at the end of
such period Of suspension.
(i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time
prior to maturity, without penalty.
(j)
Promissory Note. The loan shall be evidenced by a promissory note executed by the Participant
and delivered to the Employer, and shall bear interest at a reasonable rate determined by the
Employer. ~'
(k) Security. The loan shall be secured by an assignment of the participant's right, title and interest
in and to his or her Account.
(l)
Assignment or Pledge. For the purposes of paragraphs (f) and (g), assignment or pledge of any
portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to
any insurance contract purchased under the Plan, will be treated as a loan.
(m)
for
Other Terms and Conditions. The Employer shall fix such other terms and conditions of the
loan as it deems necessary to comply with legal requirements, to maintain the qualification of
the Plan and Trust under Section 457 of the Code, or to prevent the treatment of the loan
tax purposes as a distribution to the Participant. =
The Employer, in its discretion for any reason, may also fix other terms 'and conditions of the loan, includ-
ing, but not limited to, the provision of grace periods following an event of default, not inconsistent with the
provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder.
8.03 participant Loan Accounts:
(a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan
shall be transferred from the Participant's otl~r investment fund(s), described in Section 6.05 of
the Plan, to the Participant's Loan Account as of the Accounting Date immediately preceding
the agreed upon date on which the loan is to be made.
(b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory
notes received by the Plan from the Participant as cOnsideration for a loan permitted by Section
8.01 of the Plan or in cash. Uninvested 6ash balances in a Participant's Loan Account shall not
bear interest. Neither the Employer, the Administrator, nor any other person shall be liable for
any loss, or by reason of any breach, that results from the Participant's exercise of such control.
(c)
Repayment of principal and payment of interest shall be made by payroll deduction or, where
repayment cannot be made by payroll deduction, by check, and shall be invested in one (1) or
more other investment funds, in accordance with Section 6.05 of the Plan, as of the next Ac-
counting Date after payment thereof to the Trust. The amount so invested shall be deducted
from the Participant's Loan Account.
(d)
The Employer shall have the authority to establish other reasonable rules, not inconsistent with
the provisions of the Plan, governing the establishment and maintenance of Participant Loan
Accounts.
Article IX. Non-Assignability
9.01 In General: Except as provided in Article VIII and Section 9.02, no Participant'or Beneficiary shall
have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive
any payments hereunder, which payments and rights are expressly declared to be non-assignable and non-
transferable.
9.02 DomeStic Relations Orders:
(a)
Allowance of Transfers: To the extent required under a final judgment, decree, or order (includ-
ing approval of a property settlement agreement) that (i) relates to the provision of child support,
alimony payments, or marital property rights and (ii) is made pursuant to a state domestic
relations law, any portion of a Participant's Account may be paid or set aside for payment to a
spouse, former spouse, child, or other dependent of the Participant. Where necessary to carry
out the terms of such an order, a separate Account shall be established with respect to the spouse,
former spouse, or child who shall be entitled to make investment selections with respect thereto
in the same manner as the Participant; anyamount so set aside for a spouse, former spouse, or
child shall be paid out in a lump sum at the earliest date that benefits may be paid to the Partici-
pant, unless the order directs a different time or form of payment. Nothing in this Section shall
be construed to authorize any amount to be distributed under the Plan at a time or in a form
that is not permitted under Section 457(b) of the Code. Any payment made to a person pursu-
ant to this Section shall be reduced by any required income tax withholding.
(b)
Release from Liability to Participant: The Employer's liability to pay benefits to a Participant
shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse,
former spouse; or child pursuant to paragraph (a) of the Section. No such transfer shall be
effectuated unless the Employer or Administrator has been provided with satisfactory evidence
that the Employer and the Administrator are'3~l'eased from any further claim by the Participant
with respect to such amounts. The Participant shall be deemed to have released the Employer
and the Administrator from any claim with respect to such amounts, in any case in which (i) the.
Employer or Administrator haiq3~hen served with legal process or otherwise joined in a proceed-
ing relating to such transfer, (ii) the Participant has been notified of the pendency of such pro-
ceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pend-
ing for service of process in such action or by mail from the Employer or Administrator to the
Participant's last known mailing address, and (iii) the Participant fails to obtain an order of the
court in the proceeding relieving the Employer or Administrator from the obligation to comply'
with the judgment, decree, or order.
(c)
Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to
defend against or set aside any judgement, decree, or order described in paragraph (a) or any
legal order relating to the garnishment of a Participant's benefits, unless the full expense of such
legal action is borne by the Participant. In the event that the Participant's action (or inaction)
nonetheless causes the Employer or Administrator to incur such expense, the amount of the
expense may be charged against the Participant's Account and thereby reduce the Employer's
obligation to pay benefits to the Participant. In the course of any proceeding relating to divorce,
separation, or child support, the Employer and Administrator shall be authorized to disclose
information relating to the Participant's Account to the Participant's spouse, former spouse,
dependent, or child (including the legal representatives of the spouse, former spouse, or child), or
to a court.
Article X. Relationship to other Plans and Employment Agreements
This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existen~ce
or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not
affect benefits receivable under any such plan or sYstem. Nothing contained in this Plan shall be deemed to
constitute an employment contract or agreement between any Participant and the Employer or to give any
Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed
to modify the terms of any employment contract or agreement between a Participant and the Employer.
Article XI. Amendment or Termination of Plan
The Employer may at any time amend this Plan provided that it transmits such amendment in writing to
the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Admin-
istrator shall not be required in order for such amendment to become effective, but the Administrator shall
be under n° obligation to continue acting as Administrator hereunder if it disapproves of such amendment.
The Employer may at any time terminate this Plan.
The Administrator may at any time propose an amendment to the Plan by an instrument in writing trans-
mitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall
become effective unless, within such 30-day period, the Employer notifies the Administrator in writing that
it disapproves such amendment, in which case such ame,~... ,dment shall not become effective. In the event of
such disapproval, the Administrator shall be under nb obligation to continue acting as Administrator here-
under.
Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under
Section 457(b) of the Code or to comply with other applicable laws, no amendment or t~rmination of the
Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the
amendment or termination.
Article XII. Applicable Law
This Plan and Trust shall be construed under the laws of the state where the Employer is located and is
established with the intent that it meet the requirements of an "eligible deferred compensation plan" under
Section 457(b) of the Code, as amended. The provisions of this Plan and Trust shall be interpreted wherever
possible in conformity with the requirements of that Section of the Code.
In addition, notwithstanding any provision of the Plan to the contrary, the Plan shall be administered in
compliance with the requirements of Code Section 414(u).
Article XIII. Gender and Number
The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall
include the plural, except where the context requires otherwise.
SARATOGA CITY COUNCIL
MEETING DATE: December 19, 2001
ORIGINATING~Manager
PREPARED B .~'-:~ ~ / ~
AGENDA ITEM:
CITY MANAGE ~I~~ ~ ~-,~~
DEPT HEAD:
SUBJECT: Policy Advisory Board for the Comprehensive County Expressway Planning
Study
RECOMMENDED ACTION:
Council appoint one member to act as the representative and one alternate to the Policy Advisory
Board (PAB) for the Comprehensive County Expressway Planning Study.
REPORT SUMMARY:
On November 14, 2001 the County of Santa Clara County Board of Supervisors sent the City of
Saratoga a letter inviting our City to participate on the PAB by appointing one Councilmember
to serve as a regular member and one Councilmember as an alternate.
The Comprehensive County Expressway Planning Study will develop and document consensus
on potential expressway improvements of all types including capacity enhancements, grade
separations, pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the
Study will develop funding requirements, financing scenarios, and recommendations regarding
issues such as maintenance support and traffic enforcement.
The PAB will provide a forum for policy input from elected officials. The PAB's composition
includes one city councilmember from each city through which the expressways will or border
and one council member each from Morgan Hill and Gilroy. Two County Supervisors and two
VTA Board Members will also serve on the PAB.
The first PAB meeting is scheduled for 7:30 a.m. on January 17, 2002 in the Hyatt San Jose.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City of Saratoga would not be represented.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Notify the Santa Clara County Board of Supervisor's Office with the City's appointment.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Letter of Request from Supervisor Jim T. Beall
2 of 2
ALTERNATIVE ACTION:
N/A '
FOLLOW UP ACTION:
Notify the Santa Clara County Board of Supervisor's Office with the City's appointment.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Letter of Request from Supervisor Jim T. Beall
2 of 2
CCS PLANNING E ENG
Fax:4085442478
Dec 15
2001
11:07
P. 02
November 14, 2001
The Honorable John Mehaffey
Mayor, City Council
City of Saratoga
13777 FruiWale Avenue
Saratoga, CA, 95070
Dear Mayor Mehaffey:
The County of Santa Clara is forming a Policy Advisory Board (BAB) for the Comprehensive County
Expressway Planning Study. We invite your city to participate on the PAB by appOinting one council
member to serve as a regular member and one council member as an alternate.
The Comprehensive County Expressway Planning Study will develop and document consensus on
potential expressway improvements of all types including capacity enhancements, grade separations,
pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the Study will develop
funding requirements, financing scenarios, and recommendations regarding issues such as maintenance
support and traffic enforcement.
The PAB will provide a forum for policy input from elected officials. The PAB's composition includes
one city council member from each oity through which the expressways pass or border and one council
member each from Morgan Hill and Oilroy. Two County Supervisors and two Santa Clara Valley
Transportation Authority (VTA) Board members will also serve on the PAB. Each appOintment to the
PAB will last For the duration of the project, which is approximately one year. The first PAB meeting is
scheduled for 7:30 am on January 17, 2001 in the Hyatt San Jose at 1740 North First Street, San Jose.
An agenda packet will be sent out prior to the meeting.
Pleasb notify Mr, Michael Murdter, Director, Santa Clara County Roads and Airports Department, 101
Skyport Drive, San Jose, CA 95110-1302, with your city's appointments to the PAB by December 15,
2001. If you have any questions, please call my office at (408) 299-3924 or Mr. Murdter at (408) 573~
9_438.
Sincerely,
James T, Beall, Jr.
Chairperson
Sant~ Clara County Board of Supervisors