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HomeMy WebLinkAbout02-06-2002 City Council Agenda Packetw OPEN SESSION - 5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM -13777 FRUITVALE AVENUE FEBRUARY 6, 2002 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL ~; COMMISSION INTERVIEWS 5:00 p.m. Clare McBride 5:10 p.m. Tracy L. Halgren 5:20 p.m. Sylvia P. Wohlmut 5:30 p.m. Tom Marantette 5:40 p.m. Thomas Edel 5:50 p.m. Edith Kallrnan Arts Commission Arts Commission Arts Commission Public Safety Commission Public Safety Commission Arts Commission ARCHIVE COPY CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS CALL MEETING TO ORDER - 6:00 P.M. ADJOURNED TO CLOSED SESSION - 6:00 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) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) ADJOURNED TO CLOSED SESSION - 6:OOP.M. 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 February 1, 2002) 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 None CONSENT CALENDAR The Consent Calendar contains routine items ojbusiness. 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. lA. Approve Council Meeting Minutes Regulaz Meeting -December 5, 2001 Recommended action: Approve minutes. 1 B. Approve Council Meeting Minutes Regulaz Meeting -January 16, 2002 Recommended action: Approve minutes. r* Agenda 2 February 6, 2001 1 C. Review of Check Register ~.,, Recommended action: Approve check register. 1D. Review Planning Commission Action Minutes - January 23, 2002 Recommended action: Note and file. lE. Sazatoga Library Expansion Project Phase II -Special Inspection Services Library Recommended action: Authorize execution of contract. 1 F. Annual Review of the City of Saratoga Investment Policy Recommended action: Approve policy. 1 G. Amendment to the Non-Management Salary Schedules that Reflect Corrections To The Recreation Program Coordinator and Recreation Shpervisor Position Ranges Recommended action: Adopt resolution. I H. KSAR - EOC Equipment Purchase Recommended action: Release obligation. I I. Motor Vehicle (MV) Resolution Restricting Pazking Along a Portion of Shadow Oaks Way Recommended action: Adopt resolution. IJ. Authorize Increase in Williams Scotsman Inc. Contingency Funds Available Recommended action: Authorize City Manager to amend contract. 1 K. Congress Springs Pazk Improvements -Donation Update Recommended action: Adopt resolution and approve proposals. I L. Landscaping and Lighting Assessment District LLA-1; Resolutions Initiating Renewal of the District for FY 2002-2003 Recommended action: Adopt resolutions. PUBLIC HEARINGS None Agenda 3 February 6, 2001 OLD BUSINESS 2. West Valley College Use Permit Status Report Recommended action: Informational only. Saratoga Library Expansion Project -Phase II Alternates Recommended action: Authorize change orders to contract. NEW BUSINESS 4. AB 680 Legislation Recommended action: Authorize Mayor to send letter to legislators opposing AB680. Introduction Grassroots Representative Rebecca Elliot Recommended action: Informational only. 6. West Valley Mission College District Bond Measure E Recommended action: Informational only. Mid Year Budget Amendments for F 2001/02 Recommended action: Adopt resolution. 8. FY 2001/02 City/County Community Development Block Grant (CDBG) Contract Recommended action: Authorize City Manager to execute contract. 9. Appointment of a City Councilmember as 2"d Alternate on the Expressway Study Policy Advisory Boazd (PAB) Recommended action: Appoint alternate. AGENCY ASSIGNMENT REPORTS A enc Association of Bay Area Government Chamber of Commerce County Cities Association Leg. Task Force County HCD Policy Committee Emergency Planning Council Hakone Foundation Liaison KSAR Community Access TV Boazd Library Joint Powers Association Northern Central Flood Control Zone Advisory Brd. Peninsula Division, League of California Cities Agenda g Councilmember Alternate Bogosian Streit Bogosian Mehaffey Baker StreiUBaker Mehaffey Bogosian Waltonsmith Streit Mehaffey Mehaffey Waltonsmith Baker Waltonsmith N/A Baker Waltonsmith. Bogosian Baker Febmary 6, 2001 ~' Santa Clara County Valley Water Commission Santa Clara County Cities Association SASCC Liaison SBDC Sister City Liaison West Valley Solid Waste JPA Valley Transportation Authority PAC West Valley Sanitation District Silicon Valley Anima] Control JPA CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT Mehaffey Streit Waltonsmith Mehaffey Waltonsmith Baker Waltonsmith Baker Bogosian Bogosian Baker Bogosian Streit Mehaffey Mehaffey Streit Bogosian Waltonsmith 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 Agenda 5 February 6, 2001 February 9, 2002 Grand Opening Ceremony Congress Springs Pazk Sazatoga California February 12, 2002 Adjourned Meeting -Joint Session 7:00 p.m. Public Safety Commission, Saratoga Union School District, Cupertino School District, Campbell Union School District Adult Day Caze Center 19655 Allendale Avenue Sazatoga, California February 20, 2002 Regulaz Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California March 6, 2002 Regular Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Saratoga, California March 12, 2002 Adjourned Meeting -Joint Session 7:00 p.m. SASCC, Pazks and Recreation Commission Adult Day Caze Center 19655 Allendale Avenue Saratoga, California March 20, 2002 Regulaz Meeting/Council Chambers 7:00 p.m. 13777 Fruitvale Avenue Sazatoga, California Agenda 6 Febntary 6, 2001 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: ORIGINATING DES': Ci}y1~la~ager CITY MANAGER: ~~~ PREPARED DEPT HEAD: SUBJECT: Commission Interviews for Arts Commission and Public Safety Commission RECOMMENDED ACTION: That Council conduct interviews. REPORT SUMMARY: The following people have been scheduled for interviews: 5:00 p.m. Clare McBride 5:10 p.m. Tracy L. Halgren 5:20 p.m. Sylvia P. Wohlmut 5:30 p.m. Tom Marantette 5:40 p.m. Thomas Edel Arts Commission Arts Commission Arts Commission Public Safety Commission Public Safety Commission There two (2) vacancies to be filled on the Arts Commission. There is one (1) vacancy to be filled on the Public Safety Commission to fill an unexpired term expiring on 04/01/04. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointment will not be made to the Arts Commission and the Public Safety Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Adopt resolutions and administer Oaths of Office at scheduled Council Meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Applications of the above named applicants. 1 SARATOGA CITY COUNCIL MEETING DATE: Februa 6 2002 AGENDA ITEM: I'3' ~ / ORIGINATING D P f~-i anager CITY MANAGER: ~~~~i`---~-- PREPARED BY: I ~ 1 I/ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular meeting -December 5, 2001 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes December 5, 2001 MINUTES SARATOGA CITY COUNCIL DECEMBER 5, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 5:20. p.m. to interview applicants for the Arts Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:10 p.m. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government. Code section 54956.9(b): (3 potential cases) CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: (Government Code section 54956.9(a)) Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court No. CV-784560) MAYOR'S REPORT ON CLOSED SESSION - 6:10 p.m. Mayor Mehaffey reported there was Council discussion but no reportable action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:05 p.m. and requested Kathleen King to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councihnembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Lorie Tinfow, Assistant City Manager Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director John Cherbone, Director of Public Works Cary Bloomquist, Administrative Analyst Danielle Surdin, Economic Development Coordinator Rhett Edmonds, Community Service Officer C~ REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 19, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 5, 2001 was properly posted on November 30, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS The following people spoke at tonight's meeting: Mary Gardner, Superintendent/Saratoga Union School District 20460 Forest Hills Drive, stated that she wanted to bring the Council up to date on their study of the eucalyptus tree at Oak Street School. Ms. Gardner noted that they have had three arborist reports done. The School Board would be having a public hearing on December 11, 2001 at 8:00 p.m. at Saratoga School. Ms. Gardner noted that the District has received 142 petitions and several phone calls and emails in support of removing the tree. Ms. Gardner noted that the Board would take action on December 11, 2001. John Waite, SUSD Board member, 20344 Franklin Avenue, noted that the data received from the arborist report stated that the tree could be saved, by cutting off several feet from the top. Unfortunately, Mr. Waite stated the District has heard an overwhelming response from parents and teachers pleading that the tree be removed. Jill Hunter, 20606 Lomita Avenue, briefly explained her background in outdoor education. Ms. Hunter noted that sixty trees were taken down when the renovation project began at Oak Street School. Ms. Hunter noted that she has visited many schools that have large eucalyptus trees on the property. Ms. Hunter noted that if it's the height that is the problem she liar a unanimous donor who is willing to pay to have the tree lowered. 2 COUNCIL DIRECTION TO STAFF • Councilmember Bogosain requested that the SUSD provide City Council with pictures of how mature trees look after they have been topped. Councilmember Bogosian noted that the arborist report stated that tree would not constitute a hazard if the height were lowered. Councilmember Waltonsmith noted that there are topped eucalyptus trees along Saratoga -Sunnyvale Road if residents would like to see what topped trees look like. None CEREMONIAL ITEMS 1. COMMENDATION -SILICON VALLEY CHILDREN'S HOSPITAL FOUNDATION STAFF RECOMMENDATION: Read commendation. Mayor Mehaffey presented the commendation to the members of the Silicon Valley Children's Hospital Foundation Board. CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -SEPTEMBER 5, 2001 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith requested that Item 2A be pulled from the Consent calendar. Councilmember Waltonsmith noted that she would be abstaining from the vote because she was not present at the meeting of September 5, 2001. STREIT/BOGOSIAN MOVED TO APPROVE COUNCIL MEETING MINUTES OF SEPTEMBER 5.2001. MOTION PASSES 3-2 WITH BAKER AND WALTONSMITH ABSTAII~IING. 2B. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -OCTOBER 3, 2001 STAFF RECOMMENDATION: Approve minutes. Mayor Mehaffey requested that Item 2B be pulled from the Consent Calendar. Mayor Mehaffey noted that he would be abstaining from the vote because he was not present at the meeting of October 3, 2001. STREIT/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES OF OCTOBER 3.2001. MOTION PASSES 4-1 WITH MEHAFFEY ABSTAINING. 2C. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -OCTOBER 17, 2001 STAFF RECOMMENDATION: Approve minutes. STREIT/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES OF OCTOBER 17, 2001. MOTION PASSES 4-1 WITH MEHAFFEY ABSTAINING. 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/BAKER MOVED TO APPROVE CHECK REGISTER. MOTION PASSES 5-0. 2E. MONTHLY TREASURER'S REPORT FOR SEPTEMBER & OCTOBER 2001 STAFF RECOMMENDATION: Accept reports. STREITBAKER MOVED TO APPROVE MONTHLY TREASURER'S REPORT. MOTION PASSES 5-0. 2F. REVIEW PLANNING COMMISSION ACTION MINUTES REGULAR MEETING -NOVEMBER 14, 2001 & NOVEMBER 28, 2001 4 STAFF RECOMMENDATION: Note and file. STREITBAKER MOVED TO APPROVE PLANNING COMMISSION ACTION MINUTES. MOTION PASSES 5-0. 2G. RESOLUTION DECLARING WEEDS GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-083 RESOLUTION OF THE CITY COUNCIL DECLARING WEEDS GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING STREITBAKER MOVED TO APPROVE PLANNING COMMISSION ACTION MINUTES. MOTION PASSES 5-0. 2H. ABANDONED VEHICLE ABATEMENT AUTHORITY STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: Ol- 084 RESOLUTION OF THE CITY COUNCIL ESTABLISHING SERVICES FOR ABANDONED VEHICLE ABATEMENT (ABA) Mayor Mehaffey requested that Item 2H be pulled from the Consent Calendar. Mayor Mehaffey asked if the City currently abates abandoned vehicles. Rhett Edmonds, Community Service Officer, responded yes. Community Service Officer Edmonds explained that every abandoned vehicle the City abates the County reimburses the City approximately 50% of the costs incurred resulting from the abatement. During the year 2001 the city abated 126 vehicles. -~I MEHAFFEYBOGOSIANMQVED TO APPROVE ADOPT RESOLUTION ESTABLISHING SERVICES FOR ABANDONED VEHICLE ABATEMENT. MOTION PASSES 5-0. 2I. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARHING ALONG A PORTION OF SARATOGA AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: MV-234 RESOLUTION OF THE CITY COUNCIL RESTRICTING PARHING ON A PORTION OF SARATOGA AVENUE Councilmember Bogosian requested that Item 2I be pulled form the Consent Calendar. Councilmember Bogosian asked what the procedure was if the City decides to reverse this resolution in the future to allow parking along Saratoga Avenue. Director Cherbone explained that the Council would have to adopt a resolution rescinding this resolution if adopted tonight. Mayor Mehaffey requested that Item 2I be pulled from the Consent Calendaz. Mayor Mehaffey stated that the location of the property was not clear and requested that the description be reworded. Director Cherbone noted that the description would be corrected. MEHAFFEYBAKER MOVED TO APPROVE ADOPT RESOLUTION RESTRICTING PARHING ON A PORTION OF SARATOGA AVENUE AS AMENDED. MOTION PASSES 5-0. 2J. PROPERTY TAX SETTLEMENT WITH SANTA CLARA COUNTY STAFF RECOMMENDATION: Authorize agreement. STREITBAKER MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. MOTION PASSES 5-0. 6 2K. AUTHORIZATION TO CITY MANAGER TO EXECUTE AN AGREEMENT WITH SARATOGA LITTLE LEAGUE AND ADOPT RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS STAFF RECOMMENDATION: Authorize agreement and adopt resolution. TITLE OF RESOLUTION:Ol-085 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2001-2002 BUDGET FOR AN APPROPRIATION OF $130,000 CONSTRUCTION SERVICES AT CONGRESS SPRINGS PARK STREIT/BAKER MOVED TO APPROVE ADOPT RESOLUTION AMENDING THE BUDGET FOR CONGRESS SPRINGS PARK. MOTION PASSES 5-0. PUBLIC HEARINGS 3. APPEAL OF PLANNING COMMISSION APPROVAL OF UP-O1-010 (403- 24-001)-METRO PCS,13686 QUITO ROAD STAFF RECOMMENDATION: Conduct public hearing; Deny the appeal; Uphold Planning Commission's decision. TITLE OF RESOLUTION: 01-086 RESOLUTION OF THE CITY COUNCIL APPROVING AN APPEAL OF THE USE PERMIT CONDITION, ALLOWING THE FACILITY TO BE PLACED ABOVE GROUND, OVERTURNING THE PLANNING COMMISSION'S CONDITION REQUIRING AN UNDERGROUND WIRELESS ANTENNA FACILITX, AT 13686 QUITO ROAD (UP-O1-010) John Livingstone, Associate Planner, presented staff report. Planner Livingstone explained that the applicant is appealing the approval of a conditional use permit to locate a wireless antenna system on an existing PG & E transmission tower. The system includes six new directional antennas mounted on the existing tower. Planner Livingstone noted that the applicant is appealing the condition that the cabinets be placed underground. Planner Livingstone stated that staff feels that the site is an appropriate location for a telecommunication antenna facility. The proposed antennas are unobtrusive as viewed form the street and currently there is one other carver at this location, which has a fully enclosed structure. Planner Livingstone noted that staff generally recommends that the facilities are co-located on the existing transmission towers. This increases the likelihood of multiple carriers being located at the same area. The underground facility would improve the esthetics and avoid creating a small village on vacant parcel. It would also minimize any noise and visualize impacts to the adjacent neighborhood and reduce the chances for vandalism. Planner Livingstone noted that staff is recommending that the City Council deny the appeal and require the facility to be located underground. Councilmember Bogosian asked if the proposed under grounding facility has been done before in other cities. Planner Livingstone responded that underground facilities have been done in other cities. Planner Livingstone explained that. the interest for underground facilities started when a different carrier recently proposed an underground facility on Saratoga-Los Gatos Road. When the application went before the Planning Commission, the Commission asked the applicant why other carriers have not done the same. Planner Livingstone noted there were no particular reasons stated. Planner Livingstone stated that staff is now recommending that all wireless antenna facilities be placed underground unless the applicant can justify why it cannot be done. Councilmember Waltonsmith questioned why multiple carriers cannot share a site and insist that they must have their own site. Planner Livingstone responded currently the carriers are competing with each other. Perhaps in the future economics might force carvers to co-exist. Vice Mayor Streit commented that the City must find a solution to monitor the landscaping azound these cell sites. Planner Livingstone responded that it is a condition of project approval and can be enforced by code enforcement. Mayor Mehaffey opened the public hearing at 7:35 p.m. and invited the appellant to speak for ten minutes. Karen McPherson, Metro PCS, 1080 Marino Village Parkway, Alameda, CA, noted that Metro PCS is a new carrier in this azea and planned on launching their services on January 28, 2001. In regards to Councilmember Waltonsmith's 8 questions about why carriers cannot share towers, Ms. McPherson explained that the antennas all have different frequencies and height requirements. As faz as putting the facility underground, Ms. McPherson explained that PG&E would not allow them to do so and read a letter from PG&E explaining why. Ms. McPherson noted that PG&E stated they do not allow cell site carriers to perform deep excavation within the footprint of PG&E towers because underground equipment would compromise the structural integrity of their towers. Ms. McPherson noted that at this particulaz site that they cannot go beyond the footprint of the tower because the landowner wants to develop the rest of the property. Ms. McPherson requested that the City Council allow Metro PCS to build their facility above ground and they would be willing to sign a Landscape Maintenance Agreement. Julie Walker, Metro PCS, 1080 Marino Village Pazkway, Alameda, CA, explained why carriers cannot share each others equipment. Ms. Walker stated that if the City Council allows Metro to build above ground they would do the following: • Issue a Landscape Bond • Build a wood fence around the facility • Use landscaping to screen the facility at the base of the tower Councilmember Baker asked what is the minimum size required for the footprint for mounting the equipment. Ms. Walker responded a 10 x 14 pad is required for the equipment pad and the actual equipment goes in the middle. Councilmember Baker noted that if Metro PCS builds a l Ox 14 pad, they would take up all of the space under the tower and no other carrier could shaze the site. Cheriel Jensen, 13737 Quito road, expressed the following: • Asked the Council to "just say no" • Suggested that the proposed project is not compatible with the residential area • Concerns for microwave exposure • Declared the Quito azea has been trashed and that nothing is being done • Opposes this antenna at this property • Displayed a diagram of a microwave spectrum Dave Anderson, 18491 Montepere Way, noted that he was a new resident in Saratoga and stated that antennas in residential areas aze esthetically and environmentally disappointing. Eugene Zambetti, 14575 Oak Street, stated that he owns the adjacent property on the comer of Quito Road & Sousa Lane. Mr. Zambetti noted that the site has enough space on it to fit Metro PCS's facility underground. . 9 Ms. McPherson explained to the Council that their goal was not to erect any new towers; the PG&E tower already exists and is available. Ms. McPherson noted that moving their site would impact the service they provide. John Schwartz, Engineer, Metro PCS, 1080 Marino Village Parkway, Alameda, CA, noted that with the cunent applications, Metro was not proposing any new towers in the area. Mr. Schwartz addressed some of Ms. Jensen's concerns. Mr. Schwartz noted that moving their site would impact the service they would provide to Saratoga and impacts the rest of their network. Councilmember Baker asked how many antenna sites Metro has in Saratoga. Mr. Schwartz responded that they would have two sites in Saratoga, but neither one is constructed yet. Vice Mayor Streit asked if the City Council allows Metro to build an above ground facility would they be willing to build a facility like the existing one owned by AT&T. Ms. Walker responded yes. Mayor Mehaffey asked if they looked at other sites in the area. Mr. Schwartz responded yes. Ms. Walker noted that there is no other site in the area that meets their height requirement. Mayor Mehaffey closed the public hearing at 8:05 p.m. Vice Mayor Streit commented that in the staff report it states that applicants have to build their facilities underground or justify why it cannot be done. Vice Mayor Streit asked staff if the letter from PG&E justifies why this facility cannot be built under ground. Planner Livingstone responded no. CouncilmembeY Waltonsmith noted that the Council cannot discuss safety issues but can talk about the esthetics. Attorney Taylor responded that the Council can talk about safety issues but cannot base any decisions on those types of issues. In regards to esthetics the Council can base decisions on those types of issues. Vice Mayor Streit noted that he could support Metro PCS building above ground as long as a landscape maintenance agreement is signed and renewed sooner than 10 five years. Vice Mayor Streit noted that in the future any new sites be required to build their facilities underground. Councihnember Waltonsmith noted that the safety issues still concern her. Councilmember Waltonsmith noted that she feels that the applicant should push PG&E to allow them to build underground. Councilmember Baker noted that his concern is that there is no limit on the number of companies that can build facilities and put up antennas. Mayor Mehaffey noted the visual impacts of antennas and towers in the City of Saratoga need to stop. Mayor Mehaffey noted that he is opposed to this appeal. Councilmember Bogosain stated that he is willing to go ahead with the above ground facility if the applicant provides a landscaping bond. Councilmember Bogosian asked what amount aze landscaping bonds set at. Director Sullivan responded that when staff gets to the point to approve a landscape plan, the bond would probably be set at 150% of plan. In response to Vice Mayors earlier comments regarding the renewal of the landscape maintenance agreement, Director Sullivan stated that in some communities landscape maintenance agreements are renewed annually. Councilmember Baker asked the applicant if the Council upholds the Planning Commission's decision and denies the appeal, would that eliminate Metro PCS from serving the City of Saratoga. Mayor Mehaffey reopened the public hearing at 8:25 p.m. Ms. Walker responded if Metro PCS does not get this site, they would have to redesign and re-engineer the area and put in several more sites to cover Sazatoga. Ms. Walker stated that there is not another tower in Saratoga that has the required height specification for their use. Metro would have to launch an incomplete service on January 28, 2001. Ms. Walker stated that Saratoga would not be covered. Mayor Mehaffey asked if Metro considered Mr. Zambetti's offer. Ms. Walker responded that Metro PCS was not aware of Mr. Zambetti's offer. Mr. Zambetti noted that Metro has not even looked at his property. Mr. Zambetti noted that his property would be perfect for Metro. Ms. Walker noted that Metro PCS would have to build a vault and increase the height of the existing pole on Mr. Zambetti's property. 11 Mayor Mehaffey asked how tall the PG & E tower was. Ms. Walker responded that PG&E's tower is 70 feet and the pole on Mr. Zambetti's property is only 30 feet. Ms. Jensen urged the Council to deny the entire project. Mr. Anderson asked if the Council has documentation of the negotiations between Metro PCS and the landowner. Mr. Anderson urged the Council uphold the Planning Commissions decision. Mayor Mehaffey closed the public hearing at 8:30 p.m. Vice Mayor Streit noted that he does not want monopoles in the City of Sazatoga and stated that he supports this project with the added condition that the landscape maintenance agreement be renewed annually. Councihnember Waltonsmith noted that she is not convinced that the landowner would not let Metro PCS put their facility underground and noted that she opposes this appeal. BOGOSIAN/STREIT MOVED TO UPHOLD THE GRANT THE APPEAL AS AMENDED WITH THE ADDED CONDITIONS THAT METRO PCS PROVIDE A LANDSCAPE BOND. THE FACILITY BE BUILT TO CONFORM TO AT& T FACILITY, THE LANDSCAPE MAINTENANCE AGREEMENT BE RENEWED ANNUALLY AND THE BUILDING BE BUILT WITHIN THE FOOTPRINT OF THE TOWER. MOTION PASSES 4-1 WITH WALTONSMITH OPPOSING. 4. APPEAL OF PLANNING COMMISSION APPROVAL OF UP-O1-009 (393- 21-013)-METRO PC5,12383 SARATOGA-SUNNYVALE ROAD STAFF RECOMMENDATION: Conduct public hearing; Deny the appeal; Uphold Planning Commission's decision. TITLE OF RESOLUTION: 01-087 RESOLUTION OF THE CITY COUNCIL APPROVING AN APPEAL OF THE USE PERMIT CONDITION, OVERTURNING THE PLANNING COMMISSION CONDITION REQUIRING THE FACILITY TO BE PLACED UNDERGROUND, ALLOWING THE APPLICANT TO USE AN EXISTING ABANDONED ABOVE GROUND WIRELESS ANTENNA FACILITY AT 12383 SARATOGA-SUNNYVALE ROAD (LTP-Ol-090) 12 John Livingstone, Associate Planner, presented staff report. Planner Livingstone explained that once again the applicant is appealing the condition that the cabinets be placed underground. The main difference between the two sites is that this site already has two carriers and this would make three. Vice Mayor Streit questioned if one of the existing carriers on the site is no longer operating. Planner Livingstone stated that Vice Mayor Streit was corrected and explained that the applicant is still trying to finalize taking over the Metrocom site. Planner Livingstone noted that this is the fenced in site that is not under the tower. Mayor Mehaffey opened the public hearing at 8:38 p.m. Ms. McPherson explained that the reason they cannot put a facility underground is because there are gas lines that run under the tower. Ms. McPherson noted that PG&E is willing to allow Metro PCS to use Metrocom's equipment pad. Vice Mayor Streit asked if Metrocom's panels are still there. Ms. McPherson noted yes. Councilmember Baker asked if there were any discussion with Sprint's to share their pad under the tower. Ms. Walker explained that there was no way that Metro PCS could share Sprint's pad. Vice Mayor Streit asked the applicant if they didn't take over Metrocom's site, where were they going to go. Ms. McPherson responded that the property owner has stated that he would allow Metro PCS to put their facility anywhere on the property. William Guthery, 20422 Seagull Way, noted that the City should enact an ordinance allowing the City to revoke permits on all cellular companies. Mayor Mehaffey closed the public hearing at 8:50 p.m. Councilmember Waltonsmith noted that Metro PCS should be forced to build underground. 13 Vice Mayor Streit noted that he could support Metro PCS taking over the Metrocom site, plant appropriate landscaping, remove the old Metrocom panels, and impose the same conditions as the previous application. Mayor Mehaffey noted that he agrees with Councilmember Waltonsmith that the City should enforce carriers to build underground. MEHAFFEY/STREIT MOVED TO APPROVE THE APPEAL WITH THE CONDITIONS THAT THE METROCOM'S ANTENNAS BE REMOVED FROM THE TOWER. PLANT APPROPRIATE LANDSCAPING, PROVIDE LANDSCAPING BOND, AND ANNUAL REVIEW OF LANDSCAPING MAINTENANCE AGREEMENT. MOTION PASSES 4-1 WITH WALTONSMITH OPPOSING. Mayor Mehaffey declared aten-minutes recess at 9:00 p.m. Mayor Mehaffey reconvened the meeting at 9:10 p.m. 5. CITY OF SARATOGA HOUSING ELEMENT STAFF RECOMMENDATION: Conduct public hearing; direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that this is the continuing development of the City's Housing Element under the mandate of the State of California. Director Sullivan noted that the City Council authorized the submittal of the Draft Housing Element to Housing and Community Development (HCD) on September 19, 2001. HCD received the Element on September 24, 2001 and staff met with Margaret Murphy of HCD on September 26, 2001. Director Sullivan noted that he received four pages of questions or issues from Ms. Murphy. Director Sullivan briefly explained some of Ms. Murphy's concerns and stated that 85% of her comments were fairly benign and only required the City to provide clearer detail of information already in the document. The remaining 15% involves actually identifying particular parcels and providing details regarding the parcel's history, current use, and how many units of rental housing could be expected to be developed on that parcel. This can easily be accomplished but would not be consistent with previous Council direction. Director Sullivan described the City Council's options: 1. Make some of the changes, but leave out parcel specific information and resubmit explaining why we didn't include the requested information. 14 2. Abandon the "Mixed Use" concept and identify one, two, or three commercial or quasi-public facilities pazcels that could accommodate the mandated housing. 3. As HCD has required the City to identify particulaz parcels to accommodate low and moderate housing the City Council could select lands shown on the General Plan for Residential uses as sites for higher density without violating Measure G. 4. Accept the Non-Compliance status and any subsequent (yet to be determined) fiscal impacts. Councilmember Bogosian asked to what level of specificity in identifying parcel is HCD requiring. Responding to Councilmember Bogosian's question, Director Sullivan stated that a map with additional information listing the parcel number, and explaining the future and existing use would be sufficient. Councilmember Bogosian asked if Council directed staff to identify particulaz parcels, would the property owner be notified. Director Sullivan responded that if that were Council's direction then staff would notify pazcel owners. Councilmember Baker asked if the City has a noncompliant status what would be the fiscal impacts. . Director Sullivan explained that that if the Dunn Bill passed, fines could be up to one million dollazs, 60% of the gas tax could be held (and would not get it back until in compliance), and the City would be responsible to pay court costs for all plaintiffs. Mayor Mehaffey opened the public hearing at 9:45 p.m. and invited public comments. Gregory Gates, 13226 Montrose Street, noted that he would not appreciate his property information being submitted without his consent. Mr. Gates stated that he feels that if his property was identified, it would lower the value of the property value. Muriel Mahrer, 13577 Myren Drive, noted that she has been following these issues for many years and thanked the City Council and staff for completing the draft Housing Element. 15 Councilmember Bogosian asked Ms. Mahrer if she would support a change in the zoning code to allow duplexes in her neighborhood. Ms. Mahrer responded that she would support duplexes in her neighborhood. William Guthrie, 20422 Seagull Way, noted that the City of Saratoga has a difficult problem that all of the land is built out. Mr. Gutherie noted that he disagrees with the State mandating cities to provide low-income housing. Betty Feldhym, 20184 Franklin Avenue, noted that she has lived in the City of Saratoga for a long time and has noticed that the City is losing public service employees because they cannot afford to live here. Marjory Bunyard/President, League of Women Voters, 12625 Miller Avenue, noted that Monte Sereno had their first public hearing and met their requirements with secondary units. Marjorie Ottenberg, 12881 Foothill Lane, noted that she supports legalizing existing secondary units. Jack Mallory, 12258 Kirkdale Place, suggested the City try to work with sunounding cities on low-income housing projects. In regards to financial ramifications, Mr. Mallory noted he would be willing to pay more taxes in order to preserve the character of the City of Saratoga. Lisa Liu, 20241 Merrick Drive, referred to Mr. Mallory's comment and stated she is not willing to pay more taxes. Ms. Liu noted low income means teachers, police officer, government employees, etc. Lisa Kurasch, Planning Commission, 18665 Ravenwood Drive, noted that she supports inclusionary zoning. In regards to identifying parcels, Commissioner Kurasch noted that property owners should be made aware of the process and suggested that the City promote public awareness, education and cooperation. Mayor Mehaffey closed the public hearing at 10:25 p.m. Mayor Mehaffey noted that he would like to address some of the public comments. In regards to concerns about the overlay, Mayor Mehaffey explained that the overlay scenario the City is contemplating is on top of commercial properties. If property is identified, the owner can choose whether or not to participate in the program. Mayor Mehaffey reminded everyone that this is a state mandated program and all cities have to comply. Mayor Mehaffey noted that the City has to provide 641ow-income units. Mayor Mehaffey noted that the City is trying to promote secondary units and grandfather 16 in existing secondary units as low-income units. Councilmember Bogosian asked if the state has denied existing secondary units that are already being used as secondary units. Director Sullivan explained that secondary units that meet building and health codes are excluded from the City's inventory but the illegal units that could be brought up to code are counted by the state. Councilmember Waltonsmith stated that the reason the City of Saratoga is having trouble meeting the states requirements is that the City received a very high number of units to comply with. Councilmember Bogosian noted that he agrees with Commissioner Kurasch that the residents of the City do not know what the City is doing in regards to pinpointing particular properties in order to comply with the state. Councilmember Baker noted that one approach is to create a housing fund that would provide the City the ability to supplement low-income people with the resources to buy properties that are all ready existing in the economy. Councilmember Baker noted that the City has to come up with a reasonable plan to maintain the character of the city without setting aside specific properties designated as low-income housing. Councilmember Baker stated that he supports an overlay of the commercial district. A discussion took place amongst the City Council in regards to their concerns identifying properties without the owners being aware of it. Vice Mayor Streit stated that the bottom line is the City needs to identify properties if the City Housing Element is going to be approved. Vice Mayor Streit noted he thinks the Council should instruct staff to identify properties and continue the public hearing to December 11, 2001. Councilmember Bogosian noted for the record that he feels more public discussion needs to take place with the citizens of Saratoga and stated that he is opposed to Vice Mayor Streit's suggested directions to staff. Councilmember Bogosian noted that the Housing Element is being rushed through the process. Councilmember Baker asked if the Element is not submitted to the state by the end of the month would the city have to request an extension. Director Sullivan responded yes. Mayor Mehaffey asked what the consequences would be if the City asked for an extension. 17 Director Sullivan responded that it would depend on the amount of time the City is noncompliant. Councilmember Bogosian suggested that four months should be a reasonable amount of time to inform the citizens of Saratoga and hold more public hearings. Consensus of the City Council to direct staff to ask the state for an extension in order for the City to hold more public hearings and to do the required analysis of HCD's comments. Mayor Mehaffey noted that the public hearing would continue on January 2, 2002. OLD BUSINESS 6. DRIVEWAY ALIGNMENT ON LOTS 4 AND 5 CARNELIAN GLEN SUBDIVISION STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that in November and December of 2000, the City Council heard an appeal of a Planning Commission decision that the driveway alignment be redesigned so that it had a dogleg or jog so that the driveway entered Carnelian Glen Court angling away from the Lee's front door. The Council also required landscaping screening to block auto lights as they were exiting lots 4 and 5. Director Sullivan noted when construction began on the project, the driveway's alignment was rough cut and one tree was removed to accommodate the driveway. Mrs. Lee contacted City Council and City Staff about the concern that the driveway did not have the approved alignment. At this point staff put a hold on the issuance of any building permits for lots 4 and 5. Staff did this because of the driveway issue and because the developer had not submitted the required landscape screening plan. Director Sullivan noted that and Director Cherbone met with Mrs. Lee and discussed the possibility of putting the driveway between the two oaks instead of removing an additional oak tree to accommodate the driveway alignment. After meeting with Mrs. Lee to discuss options, Director Sullivan noted that the oak tree was removed without a permit. Director Sullivan explained that on November 26, 2001, the Mayor, City Manager, Public Works Director, Mrs. Lee and himself met on Carnelian Glen, laid out the • driveway new alignment, and delineated how it would enter Carnelian Glen Court. It was clearly demonstrated that the driveway points toward the Lee's northerly 18 property and Carnelian Glen Court to block the head lights of existing vehicles. . Helen Lee, 14653 Carnelian Glen Court, explained the entire history of the project noting that the developers were arrogant and lacked any regard to the City Council and Planning Commission directions. Mrs. Lee noted that she counted on the City to enforce the decisions in regards to this project. hi summary, Mrs. Lee stated the driveway at the flag lot still faces her driveway. Councilmember Bogosian noted he hopes the City makes sure that the developer plants the appropriate trees and the gutter is cut correctly. Councilmember Waltonsmith noted that from the beginning the flag lot driveway was going to be for lot 4 and lot 5. Councilmember Waltonsmith asked if that the mature vegetation the developer soon would be planting would alleviate the glare from the headlights onto Mrs. Lee's property. Director Sullivan responded yes. Mayor Mehaffey noted his concern is that this developer cut down trees without permits. Mayor Mehaffey noted that the City has to send a message to the development community that illegally cutting down trees is unacceptable to the City. Consensus of the City Council to direct staff to inform the developer to plant fully mature bushes and install a watering system. Mrs. Lee strongly stated that if the utility box is not moved the driveway would not change in any direction. Mr. Lee accused the City Council of being in cahoots with the developers. Mayor Mehaffey noted that the City Council no longer wishes to continue this discussion. Councilmember Waltonsmith tried to explain to Mrs. Lee that sometimes residents do not always get what they want with developments near their property. Councilmember Baker called for point of order or adjourn the meeting. Consensus of the City Council to move on to Item 8 with the exception of Councilmember Waltonsmith opposing. 19 7. SARATOGA CREEK SETTLEMENT AGREEMENT -STATUS REPORT STAFF RECOMMENDATION: Informational only. Consensus of the City Council to continue this item to December 19, 2001. NEW BUSINESS MR. LEE/THE INN AT SARATOGA -REQUEST TO EXCHANGE 17 PARKING SPACES WITH THE CITY OF SARATOGA STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reported that Mr. Lee of The Inn at Saratoga has approached the City requesting that he and the City trade 17 parking spaces. Director Sullivan noted that the pazking lot for the Inn is contiguous to the City's parking lot near Saratoga Creek and Wildwood Park. Mr. Lee has indicated that the general public uses his parking because it is closer to Wildwood Park. Mr. Lee and the City have cooperated in signage and the spaces that belong to the Inn are cleazly marked. Director Sullivan noted that staff needs to have policy direction from the City Council before expending additional time and resources processing the request. Director Sullivan briefly explained some issues related to the proposed trade. Councilmember Baker asked if the current parking spaces owned by the City serve the businesses above the lot and in the proposal the spaces would provide access for the users of Wildwood Park. Director Sullivan responded yes. Vice Mayor Streit asked if the City Council decides to move forwazd with this proposal would all store owners need to be noticed. City Attorney Taylor responded that everyone who has paid into Parking District #1 .would have fo be noticed. Jack Hickling, General Manager/The Inn of Saratoga, noted that the parking space exchange is a good deal for the City and Mr. Lee. Mr. Hickling noted that in terms of City parking spaces the exchange would consolidate the exit and entrance into one area. 20 Kwan Lee, Owner/The Inn of Sazatoga, noted that he has been the owner for nine . yeazs and the parking problems have gotten worse over the last couple of years. Mr. Lee explained that the public pazks in his spaces, which inconvenience his guests. Councilmember Waltonsmith expressed her concern regarding the inconveniences imposed on the businesses owners with the proposed rearrangement of parking spaces. Mayor Mehaffey noted that he could support this proposal because it would help the flow of traffic and he does not think it would affect any other business except the coffee shop. Councilmember Baker stated that he concurred with Mayor Mehaffey and noted that he would like to visit the site with Mr. Lee's proposal. Councilmember Baker noted that as long as the City is not giving up spaces that belong to Parking District #1 he does not have any objections to the proposal. Consensus of the City Council to direct staff to investigate this proposal further, talk to the business owners and park users, and report back to the City Council at a future time. 9. SEWER LATERAL ORDINANCE & ABATEMENT OPTIONS FOR BELOW-GRADE SEPTIC SYSTEMS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Consensus of the City Council to continue this item to December 19, 2001. 10. AUTHORIZATION TO CITY MANAGER TO EXECUTE AN AGREEMENT WITH ATI ARCHITECTS AND ENGINEERS FOR PUBLIC SAFETY CENTER DESIGN CONCEPT STAFF RECOMMENDATION: Authorize agreement and adopt resolution. Dave Anderson, City Manager, presented staff report. City Manager Anderson reported that at its July 10, 2001 meeting the City Council authorized the Mayor to appoint an AdHoc Committee comprised of stakeholders and residents with an interest in a new Public Safety Center for the City of Sazatoga. The committee was charged with determining the feasibility of constructing such a center located on the southeastern corner of Highway 9 and Saratoga Avenue. 21 City Manager Anderson explained that at its August 15a' meeting, at the request of the AdHoc Committee, the City Council authorized the appropriation of $25,000 for a Public Safety Center conceptual design study. This new center is envisioned to include a new West Valley Sheriffs Substation, a new Fire Station and a new retail center for the Post Office, along with adequate parking. City Manager Anderson stated that in October 2001, the City of Saratoga solicited Proposals and Statements of Qualifications from 56 Bay Area firms to provide Architectural services to develop site layout options for proposed Public Safety Center. The scope of the project was limited to potential site plans, conceptual drawings and estimated cost of the various options, and does not include building design or other more detailed aspects of architectural services. The City would like to have site plans prepazed based upon three different options for a Public Safety Center. The first option assumes a Public Safety Center without use of Federated Church property for parking. The second option assumes the use of Federated Church property for shared parking and the third option assumes that one agency will move off site. City Manager reported that in early November 2001, the City received eight proposals from qualified firms for providing architectural services to develop site layout and the estimated costs for a Public Safety Center. The AdHoc Committee met to review the RFP's after the initial submittals narrowing the field of architects to three firms. The three firms were: ATI Architects and Engineers, Knoll & Tam Architects, George Miers and Associates. City Manager Anderson reported that at a subsequent meeting all three firms were invited to make presentations before the AdHoc Committee. After the presentations the Committee voted to recommend to the Council ATI Architects and Engineers. The vote for ATI Architects and Engineers was nearly unanimous. The Committee felt their technical capabilities were superior to the other two firms and felt that the principal involved showed a familiarity and understanding of the Committee's needs and concerns a great deal more than the other two firms. In light of the recent lawsuit filed by the Saratoga Fire Protection District, consensus of the City Council to direct staff to contact the Fire District and ask if they would still be interested in participating in the Ad Hoc Committee and continue this item to December 11, 2001. 11. GREEN VALLEY DISPOSAL COMPANY RECYCLING CONTRACT EXTENSION PROPOSAL AND RECOMMENDATIONS STAFF RECOMMENDATION: Accept report and provide a recommendation to the West Valley Solid Waste . Management Authority. 22 Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that on June 21, 2001 the West Valley Solid Waste Management Authority discussed the three recycling agreements with Green Valley Disposal Company, (Recycling Services, Residential Yazd Waste Services and Commercial Mixed Paper Recycling) which terminate on February 28, 2002. Analyst Bloomquist explained that at this meeting, various options were discussed for continuing recycling services following the recycling agreements expiration. Scott Hobson, the Executive Director of the Authority, was directed to negotiate a 4-year extension to the recycling agreements with Green Valley and bring this information forward to the next Authority meeting on September 20, 2001. Analyst Bloomquist reported that Mr. Hobson was able to negotiate a preliminary contract, including several enhancements to the contract. Analyst Bloomquist briefly described each proposed contract enhancement: 1. Expand the current residential curbside program to include all plastic containers #1-7 and all plastic film, such as grocery bags, at no additional cost to the Authority or its ratepayers. 2. Collect household dry cell batteries in special plastic bags from single- family residences at the curbside as part of the curbside-recycling program for an additional fee of $.11 cents per household per month. 3. Provide periodic a-scrap (electronic scrap including televisions, radios, computer, computer accessories, and other electronic devises) drop-off collection events for residences and businesses at an estimated cost of $19,200.00 per event. 4. Initiate single -stream commingled curbside recycling collections utilizing carts and fully automated collection vehicles in January 2003 with processing of collected material at Waste Management at a cost of $1.47 per household per month. 5. Recycle and market C & D material from drop boxes processed at the Guadalupe Landfill and Resource Recovery Facility at a rate no higher than the approved tipping fee. Analyst Bloomquist noted that after the Authority reviewed these proposed enhancements on September 20, 2001 they directed Mr. Hobson to bring the proposed contract back to the West Valley Solid Waste Management Authority Policy Advisory Board (PAC) at their meeting on October 5, 2001 to receive their recommendation. Next members from the PAC were to bring to their Council the recycling proposal for discussion and review and to share the recommendations of PAC. Analyst Bloomquist noted that upon reviewing the proposed contract with the enhancements, the PAC accepted the recycling contract with the following recommendations: • Accept the "no additional cost enhancements" contract proposals numbers 1 and 5 23 Do not accept the enhancements with a cost to the ratepayers, numbers 2,3, and4 Councilmember Bogosai noted that $.l 1 to recycle household batteries is worth the money because they are a potential danger if dumped in landfill and asked why the JPA did not include this option in the contract. Analyst Bloomquist responded that in Mr. Hobson's memorandum he states that household batteries are considered universal waste. Analyst Bloomquist added that the JPA is not encouraging people to discard batteries in the landfill but there is nothing saying batteries cannot be tossed in the garbage and end up in landfill. Analyst Bloomquist continued that since it is not required and there are other ways to recycle batteries at hazardous waste sites, the JPA did not include this option. Analyst Bloomquist noted that Mr. Hobson felt that this option was not cost effective to incur the extra cost. Councilmember Bogosian noted that the City should be encouraging residents to recycle batteries and suggested that we urge the JPA to include this option. Mayor Mehaffey concurred with Councilmember Bogosian. Vice Mayor Streit explained that the reason why the JPA chose not to include the option to collect household batteries and a-scrap was to avoid additional costs to customers. Vice Mayor Streit noted that he would take back the City's request to include the household battery recycle option. A discussion took place amongst the City Council regarding e-scrap recycling and suggested that the City initiate a Citywide program. Vice Mayor Streit noted that the City could start our own e-scrap recycling program in conjunction with the Spring Clean up program. Phil Couchee, General Manager/Green Valley Garbage, explained that the e-scrap program could be easily done by jurisdiction, perhaps using a specific drop off area. Councilmember Baker commented that e-scrap is becoming a major problem. Mayor Mehaffey noted that he supports including a-scrap in the Spring Clean Up program. Vice Mayor Streit noted that on behalf of the City he would take back Items 1,2, . and 5 to the next JPA meeting. 24 12. ECONOMIC DEVELOPMENT OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Consensus of the City Council to continue this item to December 19, 2001. 13. CONSIDER REQUESTS TO JOIN FRIENDS OF THE COURT BRIEFS IN BONANNO V. CENTRAL CONTRA COSTA TRANSIT AUTHORITY STAFF RECOMMENDATION: Approve requests to join amicus briefs. Consensus of the City Council to continue this item to December 19, 2001. AGENCY ASSIGNMENT REPORTS None CITY COUNCIL ITEMS Councilmember Waltonsmith noted that she received a letter from Saratoga Historical Foundation requesting a Council liaison. Councilmember Waltonsmith stated that AT& T shut down her Intein2t service for a week and now they want to raise the rates. Mayor Mehaffey noted he read an article in the newspaper suggesting cities remember this incident when franchise negotiations begin with this company. Vice Mayor Streit noted that the League of California Cities new Grassroots Coordinating Network Program would get measure on the ballot to stop the state from taking cities money that is rightfully ours. Vice Mayor Streit requested thai the issues regarding tonight's discussions on cell sites be agendized. Councilmember Baker and Councilmember Bogosian concurred with Vice Mayor Streit. OTHER None CITY MANAGER'S REPORT None 25 ADJOURNMENT Mayor Mehaffey adjourned the meeting at 12:30 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk s 26 .5 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 ORIGINATING DEPT: City Manager PREPARED BY: SUBJECT: City Council Minutes AGENDA ITEM: CITY MANAGER: ~~ DEPT HEAD: RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Adjourned meeting -January 22, 2002 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes January 22, 2002 ,~ MINUTES SARATOGA CITY COUNCIL ADJOURNED MEETING JOINT SESSION HERITAGE PRESERVATION COMMISSION PLANNING COMMISSION JANUARY 22, 2002 The City Council of the City of Saratoga met in a scheduled Adjoumed City Council Meeting on January 22, 2002 at the Adult Care Center, 19655 Allendale Avenue. Mayor Streit called the Adjourned City.Council meeting to order at 7:00 p.m. and requested Dave Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councihnembers John Mehaffey (arrived after roll call was taken), Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO Dave Anderson, City Manager PRESENT: Lori Tinfow, Assistant City Manager ~ Cathleen Boyer, City Clerk Tom Sullivan, Director of Community Development John Livingstone, Associate Planner/HPC Liaison John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CTl'Y CLERK ON POSTING OF AGENDA FOR JANUARY 22, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 22, 2002 was properly posted on January 18, 2002. COMMUNICATIONS FROM PUBLIC The following person spoke at tonight's meeting: Kevin Schott, 19036 Saratoga Glen Place, noted that the F.A.C.T. Committee still supports the' unification of the fire districts. Mr. Schott reported that the Sazatoga Fire District is using the ladder truck storage issue as a reason to back out of the Boundary Drop Agreement. Mr. Schott noted that any control the City thought they had over the Saratoga Fire District is now in the hands of a judge. On behalf of the F.A.C.T. Committee Mr. Schott requested that the City Council participate with them in the LAFCO process. COUNCIL DIRECTION TO STAFF None JOINT MEETING WITH PLANNING COMMISSION Mayor Streit welcomed the Planning Commission. INTRODUCTION Tom Sullivan, Community Development Director introduced the following Planning Commissioners: Chair Cynthia Barry, Mike Gazakani, Ema Jackman, Lisa Kurasch, George Roupe. Director Sullivan. noted that Commissioners Jill Hunter and Ruchi Zutshi were unable to attend tonight's meeting. 2. HOUSING ELEMENT STATUS REPORT Director Sullivan noted that he would like to brief the Council on the status of the final issues of the Housing Element. Director Sullivan noted that after the City Council meeting on December 5, 2001 staff was directed to identify parcels that could be identified as mixed-use projects as requested by the state. Staff has Identified several azeas in commercial zones that could be converted to mixed-use projects. Director Sullivan briefly cited the following areas that staff has identified as possible mixed use areas: • East side ofSazatoga-Sunnyvale • West side ofSazatoga-Sunnyvale • West ofSazatoga - South of Prospect • Cox -East of Saratoga Avenue • Blauer near Saratoga-Sunnyvale • South ofCox -West of Saratoga Director Sullivan noted that the Regional Housing Needs Determination is requiring the City of Saratoga to have 539 affordable housing units. 415 of those units have been accounted for, leaning 124 units that need to be planned for in the next five years. Due to the fact that Villa Montalvo does not use income as part of their selection criteria, the ten artist studios. that were listed in the Housing Element as low income had to be moved to above moderate housing. Vice Mayor Baker noted that the City should protest that change. Councihnember Waltonsmith noted that ten yeazs ago the City Council tried an amnesty program. It did not work; not many people were interested because of the possibility of increased property taxes. • Director Sullivan responded that only new additions aze taxed. The original house is not reassessed. City Council Mee[ing 2 January 22, 2002 In regards to secondary units, Director Sullivan noted that the ordinance the City currently has is very onerous. Director Sullivan noted that after staff re-examined the potential sites, came up with the following options: • Option 1 - Identify as many potential sites for mixed use projects as possible • Option 2 -Identify one piece of properly for amixed-use project that contains 42 apartment units of which 16 would have to be below market rate • Option 3 -Identify potential sites for mixed-use projects in the Gateway Area • Option 4 -Identify five contiguous pieces of property on the East Side of Sazatoga- Sunnyvale Road that are most likely to convert in the next 5 years Director Sullivan noted that he recently had discussions with Mr. who was very open for a mixed-use development. Unfortunately, the property is zoned for office, so the City might want to only look into a zone change. Vice Mayor Baker pointed out that not one single property was identified South of Highway 85, and stated that none of the pazcels identified were within the Saratoga School District. Vice Mayor Baker noted that he finds this hard to believe that not one single property within the Sazatoga School District and North of Highway 85, would qualify fora mixed-use project. Director Sullivan responded that the only commercial area he left ouT of the mix, was the Village. Vice Mayor Baker pointed out that the Neale's Hollow, the Village, and all of the other properties adjacent to the Village, were all left out. Director Sullivan noted that staff could revisit the Village but cannot revisit property for the purpose of mixed use areas that aze general planned for residential, due to Measure G. Director Sullivan added that the parcels zoned CH-1 and CH-2 that make up the Village could be included, but there aze not many opportunities when the City has the desire to save existing structures. Director Sullivan referred to the draft "Mixed Use Standazds" handout he provided in the , packet. Director Sullivan briefly explained some of the proposed standards. Mayor Streit noted that perhaps the Mixed Use Standazds could be used as an incentive to get property owners to redevelop. Mayor Streit suggested that property owners, in all possible areas, be asked if they would be interested in mixed-use projects. Mayor Streit noted that perhaps using this approach the City might get enough property . owners willing to participate in mixed-use projects, that the City might avoid upsetting several other property owners. City Council Meeting 3 January 22, 2002 . Councilmember Mehaffey noted that he thinks resistance would not come from the landowners, but from the property owners that abut against property lines of parcels that maybe identified as amixed-use project. Commissioner Jackman asked if there were any assistant programs to help fund the projects for low-income housing. Director Sullivan noted that Community Development Block Grants (CDBG) could be utilized, and other funding sources are available. City Manager Anderson added that the City recently contributed to the Housing Trust Fund. Councilmember Waltonsmith noted that the City is not picking the places that must have low-cost housing. Councilrnember Waltonsmith noted that the City should look at the Housing Element as an exercise and question what is it going to do to the Sazatoga constituency. Councilmember Waltonsmith noted that she supports spreading out the numbers throughout the entire city. Director Sullivan responded that this was an exercise to get the Housing Element approved. Commissioner Kurasch commented that she agreed with Vice Mayor Baker to include the • Village. Commissioner Kurasch noted that there are several under utilized areas in the Village and noted that other cities are converting parking lots into mixed use projects on the upper levels and underground parking. Commissioner Jackman suggested the City come up with a plan to approach builders and offer funds if they would be willing to build low-income housing. Commissioner Roupe noted that he supports Option 1, but wonders if the state would think it is too broad. Director Sullivan noted that the state reviewer might ask the City to narrow the list down, but if the City could support the property identified, the state might accept Option 1. Chair Barry stated that it is the City's job to look at the zoning requirements that would permit low cost housing, but not to guarantee that they would get built. Chair Barry noted that the way she has looked at the Housing Element was how could it best serve the serve the residents and the needs of the city. Councilmember Waltonsmith noted that identifying several properties in the City of Saratoga instead of pinpointing a few, is the better way to go. Vice Mayor Baker strongly stated that he disagrees with Chair Barry. Vice Mayor Baker . stated that all of the material he has read on this issue, in the last ninety days, cleazly indicates that in the next ten years, the state will dictate the cities do whatever is required to build the identified units in cities Housing Elements. City Council Meeting 4 January 22, 2002 Commissioner Roupe noted that the City's primary objective is to get the Housing Element approved; putting the least amount of constraints on the City, and worry about the consequences in the future. Vice Mayor Baker noted that the City should separate what we aze trying do and what the state has already done. Councihnember Baker noted that the City should inform the citizens of Saratoga what the state has done, so the City is not to blame. Vice Mayor Baker stated that every city in the state of California will have ahigh-density azea for low cost housing, no matter what. Norman Kopemik, PO Box 2308, referred to a chart in the draft Housing Element that shows new secondary units. Mr. Kopernik suggested that the square footage of a secondary unit be in addition to the main house. Director Sullivan responded that the City's code regarding secondary units is unclear. Councilmember Mehaffey directed staff to be very clear in the notice that will be sent out to property owners, that the City is not targeting them, but identifying properties that are most likely to change in the next five yeazs. Councihnember Waltonsmith noted that the new Measure G is coming to an end in Mazch, and her feaz is that property owners in the Village might approach the city requesting to build above-mazket rate housing. Councilmember Waltonsmith noted that the City could . not prevent property owners from building, because there are no sites in the Village identified in the Housing Element aslow-income housing. Director Sullivan concurred with Councihnember Waltonsmith and suggested that the Council adopt an interim ordinance and implement design standards until the City develops anew ordinance. Mayor Mehaffey noted that before Measure G expires, the City Council should agendize it for discussion. Director Sullivan reviewed staff direction as follows: • Add Neale's Hallow and the Village • Notice all property owners that will be identified on the Housing Element map and and surrounding residents around an identified parcel. 3. LAND USE ELEMENT UPDATE ISSUES Director Sullivan showed the Council a Land Use Element map and pointed out the commercial properties and quasi-public properties. Director Sullivan stated that 98% of the city, as far as land use planning, planning has already been accomplished. Director Sullivan explained that the City's efforts will be to clean up the language of the narrative . part of the old land use element, clearly state the policies that deal with 98% of the city, and focus our efforts on the other 2%. City Council Meeting S January 22, 2002 Director Sullivan explained that after staff and the Planning Commission draft a Land Use . Element, he hopes to bring to Council for approval a clear, easy to understand Land Use Element. Director Sullivan added that after the Land Use Element is revised, he hopes to revise the Zoning Map so it is consistent with the General Plan. Vice Mayor Baker asked what zoning designations schools have. Director Sullivan responded that they aze general planned as school property, but also have a variety of residential zoning. Vice Mayor Baker noted that the City should change the zoning so that if a school district wanted to sell the property, they cannot sell it for anything other than a school. Vice Mayor Baker noted that the City has lost too many schools in the past, to houses. Commissioner Roupe asked what the remaining 2% was on the Land Use Element map. Director Sullivan responded that remaining 2% was designated commercial. Commissioner Kurasch asked if the proposed single story overlay would affect the Land Use Element. Director Sullivan noted the proposed overlay would be n amendment to the Zoning Ordinance. Councihnember Waltonsmith referred to the Union Pacific Railroad Trail that she and Analyst Bloomquist have been working on. Councilmember Waltonsmith asked how to prevent developers from building on the land if the Railroad ever decides to sell it. Director Sullivan noted that the land should have been adopted as part of the Circulation Element, which in turn would be designated in the Land User Element. Mayor Streit thanked the Planning Commission for attending tonight's meeting. Mayor Streit declared a recess at 8:15 p.m. Mayor Streit reconvened the meeting at 8:20 p.m. JOINT MEETING WITH HERITAGE PRESERVATION COMMISSION 1. John Livingstone, Associate Planner/Staff Liaison HPC, introduced the following Heritage Preservation Commissioners: Dora Grens, Chair Norman Koepernik, Willys Peck, and Robert Peepari. Planner Livingstone noted that Commissioners Phylis Ballingall and Carolyn King were unable to attend tonight's meeting. CiTy Council Meeting 6 January 22, 2002 2. GENERAL OVERVIEW OF THE COMMISSION • Chair Koepernik explained the current projects that the Heritage Preservation Commission were working on: • Heritage Calendaz • Austin Way- Heritage Lane designation • Heritage Orchard signage • Heritage Orchazd kiosk • Mustard Walk on February 10, 2002 Chair Koepernik explained the following future projects: • Continue heritage house tours • Re-establishing the Blossom Festival 3. Chair Koepernik explained the following continuing projects: • Heritage Orchard educational programs • Continue to identify heritage houses Councilmember Waltonsmith asked if the HPC reproduced or updated the inventory. book. Planner Livingstone responded that staff was able to reproduce the book in house, and the book is available to the public. Vice Mayor Baker suggested that the HPC contact Cazolyn de los Santos, Executive Director of KSAR, and see if the HPC could collaborate with her to air historical videos on Sazatoga. Commissioner Peck noted that the Saratoga Historical Foundation is currently working with Ms. de los Santos on a video of historical facts of Saratoga. Councilmember Waltonsmith asked if the upcoming "Mustazd Walk"-would be videotaped. Planner Livingstone responded that the Economic Development Coordinator would be taping various aspects of the event. Mayor Streit noted that he is looking forward to the Heritage Orchard educational programs. DISCUSSION ON THE CURRENT HEIGHT LIMIT OF 26 FEET FOR RESIDENTIAL STRUCTURES Chair Koepernik noted that at the last Joint Meeting with the City Council and the Heritage Preservation Commission, a discussion took place regazding the possibility of changing the height limitation of 26 feet for residential structures. City Council Meeting - - '] January 22, 2002 Chair Koepernik suggested that the increase in height should not be limited to just historic structures, but also for any structure. Chair Koepernik noted that there are isolated cases where you could go over the 26 feet. Chair Koepernik noted that he believes the City would see better architecture: - Vice Mayor Baker asked if the rest of the Commission agreed with his suggestion. Chair Koepernik responded that the HPC agrees that the height limitation should be removed from historic houses. Mayor Streit commented that the Planning Commission already waives the height limitation with the use of variances. Mayor Streit noted that if there is a consensus amongst the Commission, guidelines should be drafted and presented to the Planning Commission. Mayor Streit suggested that the HPC agendize this issue for a future HPC meeting, and come back to Council with the Commission's recommendation. Mayor Streit thanked the HPC for coming to tonight's meeting. CONSENT CALENDAR 3A. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -JANUARY 8, 2002 STAFF RECOMMENDATION: Approve meeting minutes. WALTONSMITH/MEHAFFEY MOVED TO APPROVE THE MEETING MINUTES OF JANUARY 8.2002. MOTION 4-0 WITH BOGOSIAN ABSENT. NEW BUSINESS 4. ADOPT RESOLUTION IN SUPPORT OF THE ROBERTI-Z'BERG-HARRIS URBANIZED AREA NEEDS-BASIS GRANT APPLICATION FOR THE AZULE PARK IMPROVEMENT PROJECT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-005 A RESOLUTION OF THE CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 Cary Bloomquist, Administrative Analyst, presented staff report. City Council Mee[ing g January 22, 2002 Analyst Bloomquist explained that Staff filed an application for the Roberti-Z'Berg-Harris Urbanized Area Competitive Grant on November 1, 2001.. The grant is offered through the State of California Department of Pazks and Recreation and is directly connected to the passage of the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. This particulaz grant requires a local match of 30% from non-state monies. Analyst Bloomquist noted that the City applied for the maximum grant amount allowable, $250,000, with a local match amount of $107,143. As part of the 5-year Capital Improvement Budget, Council approved $880,000 for the Azule Park Project. Tf the grant application is approved, the $107,1431ocal match will come from this budget. Analyst Bloomquist stated that the attached resolution in support of the grant application is due February 1, 2002. Staff is requesting Council adopt this resolution in order to complete the grant application process. Councihnember Waltonsmith asked if staff used the City's contracted grant writer. Analyst Bloomquist responded he completed the grant application himself. WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION SUPPORTING THE GRANT APPLICATION FOR THE ROBERT-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM. MOTION PASSED 4-0 WITH • BOGOSIAN ABSENT. CONGRESS SPRINGS GRAND OPENING STAFF RECOMMENDATION: Set date. Consensus of the City Council to set the date for the grand opening ceremony for Congress Springs Park for February 9, 2002 in conjunction with the opening day of the Sazatoga Little League. Council's direction to staff was to inform the Pazks and Recreation Commission of the date and contact Sazatoga Little League. 6. DISCUSSION NTMP/STCP STAFF RECOMMENDATION: Informational only. Lori Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated in preparation for the joint study session with school officials on February 12, 2002 copies of both the Neighborhood Traffic Management Program and the School Traffic Cahning Program were attached to Council's staff reports. Assistant Manager Tinfow noted that she was available to answer any questions. City Council Meeting 9 January 22, 2002 Mayor Streit stated that it is important that the Council familiarize themselves with the two programs, because they are the main topics for the joint-meeting on February 12, 2002. Mayor Streit noted that if the Council had any questions prior to the joint meeting to contact Assistant City Manager Tinfow or Public Safety Commissioner Bridgett Ballingall. Assistant City Manager Tinfow commented that she would be holding the first NTMP on Thursday, January 24, 2002 with the Village Green neighborhood. 7. APPOINTMENT OF MAYOR NICK STREIT AS THE 3RD ALTERNATE ON THE SOLID WASTE JOINT POWERS ASSOCIATION. STAFF RECOMMENDATION: Approve appointment. Mayor Streit noted that due to conflicting schedules, the Councilmembers assigned to represent the City at the JPA meeting on January 30, 2002, are not able to attend. Mayor Streit noted that he is available to attend the meeting. WALTONSMITHIMEHAFFEY MOVED TO APPOINT MAYOR NICK STREIT AS 31iD ALTERNATE TO THE SOLID WASTE JOINT POWERS ASSOCIATION. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. CITY COUNCIL ITEMS Councilmember Waltonsmith requested an update on the meeting concerning the Norton Road fire access road. Vice Mayor Baker responded that Councilmember Bogosian walked the fire road leading up above the City road across the undeveloped property that would connect the artist studios that would feed into the already existing road at Villa Montalvo. Vice Mayor Baker reported that Councilmember Bogosian also walked down the canyon, known as Wild Cat Road, that Villa Montalvo has requested that the City assist them in establishing it so it would connect the artist residences down the canyon to the bottom, making it a third egress/ingress road. Vice Mayor Baker noted that Councilmember Bogosian reported that it is feasible to build a fire escape road on upper Norton Road that would connect into the roadway to the artist residences, but developing Wild Cat Road is out of the question. Councilmember Waltonsmith requested that a complete cost summary of the Congress Springs Park Renovation Project be given to the City Council. OTHER None City Council Mee[ing 1 ~ January 22, 2002 CITY MANAGER'S REPORT City Manager Anderson noted that Mike Evanhoe from VTA would be attending the next West Valley Mayor/Manager meeting to discuss the noise mitigation efforts on I3ighway 85. ADJOIJRNMENT There being no further business, the Mayor declared the meeting adjourned at 9:00 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk City Council Meeting 11 January 22, 2002 SARATOGA CITY COUNCIL ~~ MEETING DATE: February 6, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: /-/~~ PREPARED BY:~~/ , T~~, DEPT HEAD: SUBJECT: Check Register: 1/18/02 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual Void Total. 1/18/02 Checks Checks ~~.~,s ,~ ~-~,: AP CHECKS A87553-87691 ~ ~ ` ~ ~ *`~~ ~~ ~ ~~~ 1 GENERAL 326,720.11 10,024.84 , ~ ~336~7~~ar ~~~? 100 COPS-SLESF 1,673.96 ~~ "~~~73~ 110 ~ Traffic Safe 6,954.67 ~~ ?`~'~` ~ ~~~967 ;! 150 Streets & Roads 83,924.22 1,522.00 t ~"~; ~*8~5~22s` w , a°>,'.5~, ~~~ 160 Transit Dev - , „. ut~ ~=,~'z~~ ~ ~, aa= 170 Hillside Repair „ ~ ~ ,`aa~ ~ 180 LLA Districts 25,782.62 `, 2~u;7~ ~2 ~~ z w~ ~ ~: 250 Dev Services 20,678.12 20~~'~~~°~2 260 Environmental 96,913.15 ~96;~~1~~16~- >x~ ~~~ 270 Housing & Comm ~ r ~Y ~ ~ ~~~ ~~ ~ 290 Recreation 9,243.24 (119 00) "9~~1~24v 291 Teen Services 3,586.72 `~ ~ ~,3,586~°72 292 Facility Ops 3,010.92 ; -~ ~'3 Q1~,A~J2 293 Theatre Surcharge ~' f z', 300 -State Park ~ `~ ' ~~ 310 Park Develpmt 200,223.77 20'0 223 77 320 Library Expansion 331,578.47 ~33'~,5`78`d7-'~, '400 Library Debt 410 Civic Cntr COP 420 Leonard Creek 700 Quarry Creek 710 Heritage Prsvn 720 Cable TV .: ... 730 PD #2 '" ~°~ 740 PD #3 j ~ , " 800 Deposit Agency ~"~ , , 810 Deferred Comp r, ~;;~ '; 830 Payroll Agency i~ ,' 990 SPFA z :_- "~ s Subtotal 1,110,299.97 11,546.84 (11900L'~r°z~,1."t2a,7~278x7~` PAYROLL CHECKS: 827469-27519 TOTAL Approved by: n p W ^ m w W a o a x w O C M y b b O VI a N m a N o O a M c o r b pF~ F 2~ m M r b h N h V m b b O < N 'J ~ ~ N N h O P .~ .y m m p O ~ '1 N E 'I 'I N P N? 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REPORT SUMMARY: Attached are the Planning Commission Action Minutes of January 23, 2002 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 - Sazatoga Planning Commission CITY OF SARATOGA PLANNING COMMISSION ACTION 1VIINU'IES DATE: Wednesday, January 23, 2002 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Gazakani, Jackman; Hunter, Kurasch, Roupe, Zutshi and Chair Barry Absent: Commissioners Hunter, Zutshf, and Chair Barry Staff: Planners Oosterhous, Vasudevan 8e Welsh, and Director Sullivan PLEDGE OF ALLEGIANCE MINUTES : Draft Minutes from Regular Planning Commission Meeting of January 9, 2002. ORAL COMMUNICATIONS -Any member of thePublicwillbe allowed to address thePlanningCommission forup [o three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staf f. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 17, 2002. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15- 90.050 (b). CONSENT CALENDAR PUBLIC HEARINGS All interested persons may appear and be heazd at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public heazing 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 Sazatoga 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 filed on or before the Monday, a week before the meeting. DR-O1-034 (503-20-061) - BARKATULLAIi, 20520 Verde Vista Lane; -Request for Design Review approval to demolish an existing 2,134 square foot residence and construct a new 4,320 square foot two-story residence with a 1,771 square foot basement. Maximum height of the structure will be 22 feet. The 21,778 square foot parcel is zoned R-1-12,500. (VASUDEVAN) (APPROVED 4-0) • 2. DR-98-046 &r UP-98-015 - AZULE CROSSING,12340 Saratoga-Sunnyvale Road; - The applicant requests Planning Commission approval for existing exterior lighting at the residential portion of the Azule Crossing development located at Harvest Lane. (OOSTERHOUS) (APPROVED 3-1, KURASH OPPOSED) 3. DR-O1-023 (503-23-016, Lot 1) - SCHUCK,14221 Saratoga-Sunnyvale Road, Lot 1; - Request for Design Review approval to construct aone-story craftsman style single- family residence on a newly subdivided 18,569 square foot parcel. The floor area of the proposed residence and attached three-car garage is 4,206 square feet with a basement area of 994 square feet. The maximum height of the house will be 18 feet. The site is zoned R-1-15,000. (WELSH) (APPROVED 4-0) 4. DR-O1-024 (503-23-016, Lot 3) - SCHUCK,14221 Saratoga-Sunnyvale Road, Lot 3; -Request for Design Review approval to construct. atwo-story craftsman style single-family residence on a newly subdivided 19,546 square foot parcel. The floor area of the proposed residence and detached two-car garage is 3,891 square feet, with a basement area of 1,140 square feet. The maximum height of the house is 24 feet. The detached garage is proposed at 14 feet 6 inches in height. The site is zoned R-1-15,000. (WELSH) (APPROVED 4-0) • 5. DR-O1-025 (503-23-016, Lot 4) - SCHUCK,14221 Saratoga-Sunnyvale Road, Lot 4; -Request for Design Review approval to construct aone-story craftsman style single-family residence on a newly subdivided 18,560 square foot parcel. The floor area of the proposed residence and attached three-car garage is 4,016 square feet, with a basement area of 1,344 square feet. The maximum height of the house is 18 feet. The site is zoned R-1-15,000. (WELSH) (APPROVED 4-0) DIRECTOR ITEMS COMMISSION ITEMS Commissioner's sub-committee reports COMMUNICATIONS - Written- Minutes from Regular City Council Meetings of October 17, 2001, November 7, 2001, December 11, 2001, December 19, 2001 and January 2, 2002 ADJOURNMENT AT 9:58 P.M. TO NEXT MEETING . - Wednesday, February 13, 2002, Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~~G~-~-- PREPARED BY: Lorie Tinfow DEPT HE ~ SUBJECT: Saratoga Library Expansion Project Phase II -Special Inspection Services RECOMMENDED ACTIONS: Move to authorize City Manager to execute a contract with Consolidated Engineering Laboratories for supplemental inspection services needed for Saratoga Library Expansion Project Phase II not to exceed $25,000. REPORT SUMMARY: Phase II of the Saratoga Library expansion project includes work that will require specialized inspections and testing (examples of their services include inspection anti testing of concrete mix, structural steel and timber connections) supplemental to City inspectors' expertise. Staff developed a Request for Qualifications and sent it to anumber ofpre-qualified inspection firms. We received nine responses from the following firms: • Montgomery Watson Harza • Testing Engineers Inc. ^ Consolidated Engineering Laboratories • Kleinfelder, Inc. • Construction Testing Services • Smith-Emery Co. • Terraseazch, Inc. ^ Professional Service Industries, Inc. • Krazan & Associates, Inc. Staff asked construction management firm Gilbane to review the responses and make a recommendation considering first the quality of performance and service. Based on qualifications and reference checks, they shortlisted Kleinfelder Inc. and Consolidated Engineering Laboratories. Staff then asked them to compaze the rate information provided by both and determine which company would most likely provide services at the lowest total cost. For most tests required for the Library project, CEL's rates were lower. Based on analysis of both the type of tests and number of each, Gilbane estimates that Consolidated Engineering Laboratories will provide services for the lowest total cost and recommends that they be hired to provide the needed services. FISCA~'IMPACTS~' - - Gilbane has estimated the cost of special inspections for Phase II not to exceed $25;000. The contract with Consolidated Engineering Laboratories is osa standard time and materials basis. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Special inspection services aze necessary for the successful completion of the Library Expansion Project Phase II; without this action, construction will be delayed. ALTERNATIVE ACTIONS: Choose another service provider. FOLLOW UP ACTIONS: City Manager will sign and execute the contract.' ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: ^ Copy of the Request for Qualifications Copies of the top two proposals Copy of the contract i 2 a 13777 FRUITVALE AVENUE • SARATOUA, CALIFORNIA 95070 • (408) 8~8-1200 CUL'NCIL MEMBERS: Incorporated October 2`L, 1956 - Evan Baker Start Bogasian John Meharyey December 27, 2001 Niak Streit Ann Ih'al[Onsmith RE: Request for Qualifications (RFQ) to provide construction inspection and testing services for Phase II of the Saratoga Library Project. To Whom It May Concern: The City of Saratoga is requesting RFQs from qualified consulting professionals experienced in construction inspection and testing. The successful consultant shad perform the tasks as listed on the attached document. SUBMISSION DEADLINE In order for your proposal to be considered, submit four (4) copies to: Lorie Tinfow Assistant City Manager. City of Sazatoga 13777 Fruitvale Avenue Saratoga, California 95070 (408)868-1215 (408) 867-8559 Fax Submission deadline: January 18, 2002, 5:00 p.m. PROJECT DESCRIPTION In March 2000 voters approved a bond measure to expand and renovate the Saratoga Library located at 13650 Saratoga Ave., in Saratoga. The project was divided into Phase I and Phase Il. Phase I included most of the building's foundation & slab, underground utilities and pazking lot, and is expected to be complete: in mid-January. Phase II includes the remaining construction services including labor, equipment and material necessary to complete 18,000 sq.ft of renovation and 32,000 sq.ft. of new construction and related site work. The estimated cost for Phase II is $9 million. The contract stipulates completion within 263 working days. Attached is a detailed listing of expected inspections acid testing services needed for Phase R. PROPOSAL REQUIREMENTS Background Provide a description of your firm's background and relevant qualifications. 2. Related Experience and References. Provide a list of similar projects that you have completed in the last five years including work performed for other public sector clients. Include the name and phone number of the client representative for reference purposes. Provide resumes describing your staff's qualifications. 3. Qualification Format: The entire RFQ is to be limited to 30 pages (8 '/: X 11 ", single- sided) maximum. 4. Hourly Rate. Please submit a summary of firm total hourly rates proposed to be charged for a fourteen month period beginning January 2002. This information will be used for budgeting purposes. 5. Travel Time and Other Costs. Please indicate how travel time and reimbursable expenses are billed. Where this RFQ does not adequately define or include the tasks required for complete professional services, please describe recommended additional services and programs. CONSULTANT SELECTION PROCESS Following the submission deadline, the City will review all responses. Interviews may or may not be conducted. If you have technical questions, please call Craig Greenwood, Gilbane Construction Management, at 408/685-4721. For other questions, please contact me at 408/868-1215. Sincerely, ~~;~- ~ Lorie Tinfow Assistant City Manager enclosure ~J f0 N J J p U - U ~ N d d L C m p, ~ m 0 m m ~ a O N N w T m« y N 6 C d C a C C O N~ .p ~ N .p d N fl G y l U 6 N ~ C~ c o. N p f A ~ ~ c d N U m L U d 0 `-• ~ ~ ~ U V N U d m ~+ d y A U ~ oN LLcm~a c o n-• ' ~ ~ dE . v y .~ 5 .a ~ ' N ~ g aci m d« c ~ N ~ o y 0 ~ 0. « N~ C ~ y O 3 m d O~ 2 ~G~N=$ !N ~ «U O Ad U c m O C ~ H p C 9 m C y ~ O' p d E? 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O ~'~ c L ~ ma{ 55 m J 00 ~~ W d a ~' ca 'tT c`o c ~ H :? o Uri $ y $ O °.2 ~ ~ d yc o c C d O L y N ~ g C IL ' Q O j~ ~" ~ N ~ ~ r ~ ° ~ 8 S ~; Z 0 0 Proposal to Provide Materials Testing and Inspection Services for the SARATOGA LIBRARY PHASE II Prepared for. CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 Prepared by: CONSOLIDATED ENGINEERING LABORATORIES 7060 Koll Center Parkway, Suite 300 Pleasanton, California 94566-3108 (925) 485-5000 • Fax: (925) 485-5018 CONSOLIDATED ENGINEERING L A B O R A T O R I E S January 18, 2002 Ms. Lorie Tinfow Assistant City Manager City of Saratoga 1 3777 Fruitvale Avenue Saratoga, CA 95070 Via Fax: 408-867-8559 Subject: Saratoga Library Phase II /Proposal # 1003 Saratoga, California Materials Testing and Special Inspection Dear Ms. Tinfow; Consolidated Engineering Laboratories (CEL) is please to have the opportunity to present our Statement of Qualifications and Cost Estimate for your Saratoga Library Phase II project. CEL, being one of the largest testing laboratories in Northern California, has the experience and depth of resources to provide the City of Saratoga unequaled service for the materials testing and inspection for this project. Realizing the necessity of quality in the testing and inspection field, CEL is currently awaiting our I50 (International Standards Organization) Certification to be completed in June 2002. This standard of quality will ensure CEL will be a tremendous asset to your quality control team. Our proposal is formatted as outlined as per the City of Saratoga's' Reouest for Proposal dated December 27, 2001. CEL has visited the job site and met with your project construction manager, Craig Greenwood of Gilbane Construction Management. CEL has reviewed the project plans and specifications prepared by Field Paoli dated October 26, 2002, as well as the structural steel fabrication shop, Concord Iron. We have unsuccessfully attempted to contact the general contractor. I feel we have a clear understanding of the project and the scope of services. The quantities and durations for site work is based upon CEL's review of the documents-and past experience. Our unit rates utilized in the cost estimate of this proposal follow the State of California Prevailing Wage Guidelines as required for the project. Consolidated Engineering Laboratories has assisted the project team in successfully completing _ Phase I of the project. We now look forward to having the opportunity of working on Phase II and seeing the project to full completion. During your review of this proposal, should you have any questions or if I may offer further assistance, please do not hesitate to contact me. Sincerely, CONSOLIDATED ENGINEERING LABORATORIES a Dickerman Assistant Vice President CONSOLIDATED ENGINEERING - ~ A B O R A T O R 1 E 5 - UNIQUE CAPABILITIES OF THE FIRM Consolidated Engineering Laboratories is one of few firms having the capabilities of a full- service quality assurance agency. In addition to the normal range of construction inspection and testing services in the areas of soils, asphalt, asphaltic concrete, reinforcing.steel, structural steel, concrete, roofing, fireproofing, electrical and mechanical, we have equipment and expertise in the following special areas: Geotechnical Engineering Services--The geotechnical engineering services that we provide include field investigations, laboratorytesting, and engineering analyses to assess pertinent engineering properties of soils and rock. The information and analyses are then used to develop recommendations for design and construction of geotechnical applications such as foundations, embankments, earth retention systems and pavement sections. Structural Investigation--We are able to assist structural engineers in evaluating existing structures for strength. Consolidated provides coring, pachometer, x-ray, brick shear and flat- jack testing to assist in the structural evaluation process. Nondestructive Testing--We have capabilities in all four major methods of nondestructive testing of structural steel, including radiography. We have two portable dark room units, utilizing an Iridium 192 source, and we also have an x-ray booth for. welder qualifications in our laboratory in Oakland. In addition, we have experienced ASNT Level III personnel who are certified by examination. Environmental Site Assessments--As recently as four years ago, people.vJere unfamiliar with the term Environmental Site Assessment (ESA) to describe the process of identifying potential environmental liabilities or hazards with regard to real estate. An ESA can alert property owners, potential buyers, and lending institutions to the existence of environmental hazards at a site, and identify the extent of contamination. Geosynthetics--Consolidated Engineering has full in-house laboratory testing capabilities for geosynthetic materials such as Petromat. Metals--We have our own in-house metals laboratory, which includes capabilities in tensile testing, bend testing, Rockwell and Brinell hardness testing, metal etch testing, saw cutting, machining and welder qualifications. Asphaltic Cements--Our firm has full capabilities for testing all asphaltic cements. It is noteworthy that our laboratory is one of a small number in the United States that participate in the Asphalt Materials Reference Laboratory Program of the National Institute of Standards and Technology. Floor Flatness Testing--CEL has equipment and expertise to provide F-Numbers for floor flatness and levelness. Roof Consulting--CEL has extensive roof consulting capabilities. Our highly trained and experiences experts provide roofing observation services for new construction and re-roofing, along with roof analysis of existing roof systems, and provide our clients with preventative roof maintenance programs. Fire/Life Safety Systems--CEL has the expertise to provide smoke control observations, as required by Sections 1700 and 905 of the Building Code. This work is conducted by our smoke control in-house professionals. We have the capability to verify the system component installations and testing requirements, as well as commissioning testing of the system. ~ONSO~IDATED ENGINEERING L 6 O R P T O R ~ E 6 PROBLEM RESOLUTION We assign technicians certified in their areas of expertise for consistent participation on each project. In addition, on all major projects a principal oversees communication, documentation, staffing and procedures. No other inspection agenty offers this level of project involvement by a principal of the firm. Our team has an understanding of construction processes, code interpretation, and an overall ability to handle problems in the field efficiently and effectively. Furthermore, we utilize a field time ticket process to verify time on a daily basis. Should a problem or question arise during the construction process, Consolidated Engineering Laboratories has athree-tiered level of documentation as a problem resolution system. Outlined below is our three-tiered system. RF/ (Request for Information)--A Request for Information form is used when there is a problem or discrepancy regarding the contract documents and a structural engineer's clarification is needed to resolve the situation. It can also be used when there is a disagreement as to what type of weld goes in a certain area, or when a weld is not detailed on a structural drawing but our inspector feels that one was intended to be there. All Requests for Information will be directed • to the Owner or the Owner's agent. Work-In-Progress Punch List--When a problem occurs, a punch list is created so that the contractor is aware of any outstanding items. This punch list requires the signatures of the inspector and the superintendent; therefore, no questions can arise as to whether or not a problem was brought to the attention of the superintendent. Non-compliance Report--A Non-compliance Report is the final step in problem resolution and is taken only if the contractor or subcontractor have not responded to steps 1 and 2. This is used as a last resort and is a formal notification that the work does not meet the project plans and specifications and a resolution is required. Often, even the possibility of anon-compliance report is enough to get a problem resolved. In addition, noncompliance items are italicized in reports and listed do the top of the first page of the report for easy reference, which further highlights critical matters. FLEXIBILITY Consolidated Engineering Laboratories is designed to be flexible. Whatever each client's specific needs are regarding inspection, reporting, billing or accounting, we can accommodate them. In fact, we are committed to meeting or exceeding your requirements. Our entire staff is dedicated to doing whatever it takes to assure that consistent quality is maintained for the duration of the project. CONSOLIDATED ENGINEERING ~ A B O q A T O q 1 E 5 STABILITY Consolidated Engineering Laboratories has achieved total revenues in excess of $60 million over the past three years. Our net worth is in excess of $1.4 million. While there has been significadt instability in construction and related industries recently, our fine has continued to grow and remain profitable. Our financial stability may be verified through the following bank reference: Comerica Bank-California Contact: Mr. Carl Saba 150 Almaden Boulevard (650) 462-6150 Palo Alto, CA 94301 INSURANCE Carder and Tvoe of Coverage Expiration Limits Date Boring, Johndrow,.Leveroni, Vreeburg, Ine. Excess General Liability Automobile Liability $ 5,000,000 per occurrence 10/01/02 $ 1,000,000 per occurrence 10101/02 Workers' compensation (Utah & Hawaii) Diversified Risk Insurance Brokers 51,000,000 each occurrence Workers' Compensation (California Only) and Employer's Liability S 1,000,000 per occurrence 10/01/02 S 2,000,000 aggregatel0/01/02 Professional Liability $ 1,000,000 each claim, S 2,000,000 aggregatel 0/Ol /02 Commercial General Liability S 1,000,000 per occurrence, S 2,000,000 aggregatel0/01/02 CONSOLIDATED ENGINEERING L < E O R A T O R i E 5 Related Experience and References Saratoga Library Phase fl Saratoga, California January 18, 2002 /Proposal #1003 Consolidated Engineering Laboratories (CEL) has a vast amount of experience performing materials testing and inspection on libraries and public buildings. CEL fully understands our role in the project. On many of our relevant projects we have served as the testing agency contracted to the city but working as a team member under the direction of the construction manager. CEL has a successful history working with Gilbane Construction Management. Perhaps the most relevant project working with Gilbane is the San Jose Joint Library currently under construction. Following is a listing of public sector projects CEL has completed. These projects demonstrate the similar type of construction and/or project team organization. L J THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE ~ Consolidated Engineering Laboratories is extremely proud of the extensive 10 year relationship we have experienced with the Redevelopment Agency of the City of San Jose. Our firm consecutively held the two year contract with the Agency from 1991 through 1995. Currently, we have been award the 1999.2001 two year contract with the Redevelopment Agency. Our experience with the Agency has been outstanding and extended throughout the years on numerous high profile projects, such as: The San Jose Arena The SanJose Repertory Theater The Youth Center and Biblioteca CEL also worked with the Agency on projects such as the Adobe Headquarters Phase II, the United Artist Theaterwhich is adjacent to the Repertory and the Paseo Plaza Condominiums. Contacts: Dolores Montenegro - (408) 277-4744 CEL Fees: $300,000 (current contract) 5300,000 (prior contracU CONSOLIDATED ENGINEERING L A B O R A T O R~~ $ SAN FRANCISCO MAIN LIBRARY San Francisco, California E u Consolidated Engineering Laboratories provided testing and inspection services as a subcontractor to O'Brien-Kreitzberg Associates for construction of the New Main Library building for the City and County of San Francisco. This facility consists of one basement level and six upper levels, various roof levels, and associated mechanical, electrical and site work. Also included was the demolition and rebuilding of an existing concrete ramp -for below-grade access. Clad in granite, the library was built on seven levels, five levels above grade and two below. Because the New Library is a showplace building, the project was monitored by multi- faceted City review groups, and the City required higher than normal aesthetic and quality control standards. Construction took place from 1993 to 1995 at a cost of approximately $87 million. Client: City and County of San Francisco Balmore Hernandez (415) 978-5906 Cost: $87 Million Dates: 1993 -1995 Contractor: O'Brien-Kreitzberg Associates Reviewing Agency: City and County of San Francisco CONSOLIDATED ENGINEERING ' L F E O R F T O R~ E 5 UNIVERSITY OF SAN FRANCISCO GLEESON LIBRARY San Francisco, California Consolidated Engineering Laboratories (CEL) has done all of the work at the University of San Franci campus over the last four years. The Gleeson Library was one of the largest projects that performed inspection on. The scope of services that CEL performed was structural steel sh fabrication, field welding, precast panel and weld inspection, fireproofing and masor Client: UniversiryofSan Francisco C/o Pelfini & Associates Vince Pelfini - (415) 479-2620 Contractor: Architect: Structural Engineer: Construction Costs: Duration: CEL Fees Swinerton & Walberg Charlene Chopnak (415) 421-2980 Esherick Homesey Dodge & Davis Paul Halajian - (415) 285-9193 Rutherford & Chekene Alan Kren - (415) 495-4222 S15 Million December 1996 -October 1997 $ 70,246 CONSOLIDATED ENGINEERING L A B O R A T O R ~ E 5 A 1 M.H. de YOUNG MEMORIAL MUSEUM San Francisco, California Consolidated Engineering Laboratories provided quality assurance services for this 51.3 million fast track emergency seismic upgrade. Work consisted of an addition of concrete piers and brace framing, and locating existing reinforcing steel to allow for.the cap plate fo be doweled in and welded to existing roof structures. Client: Fine Arts Museums of San Francisco Deborah Frieden - (415) 750-3612 Structural Engineer: Rutherford & Chekene - (415) 495-4222 Contractor: Swinerton & Walberg - (415) 421-2980 Construction Costs: 51.3 Million Duration: 1993 - 1994 CEL Fees: 543,000 CONSOLIDATED ENGINEERING HAYWARD CITY HALL Hayward, California This project consists of a four-story base isolated structural steel frame, which also utilized viscous dampers as part of the seismic stabilization system. Our scope of services included shop fabrication and field installation of friction pendulum base isolators, which was conducted ih conjunction with Holmes & Narver, formally Eacon PC; structural steel fabrication; viscous dampers fabrication and installation inspection; as well as field reinforced concrete, shotcrete, and welding of structural steel. Client: 5ares-Regis Group Todd Arris - (650) 377-571.2 Architect: Heller Manus Architects Lauren Mallas - (415) 247-1 100 Contractor: DPRConstruction Tom McKinley-(650) 592-4800 Structural Engineer: KPFFConsulting Engineers Blake Dilsworth - (415) 989-1004 Duration: October, 1996 -November, 1997 Construction Costs: $27 Million CEL Fees: $87,704 CONSOLIDATED ENGINEERING L A 8 0 R A T O R! E S f~ L_J CIVIC CENTER COURTHOUSE San Francisco, California This project consists of a six-story structural steel frame with two subterranean levels and four levels above ground. The steel frame is encased in a perimeter reinforced concrete wall, varying in thickness from 12 inches to 2-1 /2 feet. CEL had a dual role on this project, providing both special and general inspections, as directed by Luster Construction Management. General inspections included everything from waterproofing material insulation to problem material verification and placement. Special inspection duties were extensive as well, including reinforced concrete, structural steel, shop fabrication and field erection, high-strength bolting, ultrasonic testing; fireproofing, floorflatness testing, wateproofing, caulking and sealants. Client: City of San Francisco Department of Public Works Clyde Cohen • (415) 554-6921 Construction Manager: Luster Construction Management Bill Burrows - (510) 482-6450 General Contractor: Huber, Hunt & Nichols Stan Conte - (415) 863-0188 Structural Engineer: Middlebrook & Louie Hardip Pannu - (415) 546-4900 Construction Costs: S50 Million Duration: 1995 -1997 CEL Fees: $450,000 CONSOLIDATED ENGINEERING ~ n A n ca n o n e. 5 CONSOLIDATED ENGINEERING L E C C ~ O R ~ E 5 Joseph joins Consolidated Engineering Laboratories (CEL) with 30 years experience in the construction industry and 10 years as a construction inspector. He has been a resident inspector on many large scale high-tech campuses, transportation and entertainment projects. His technical knowledge and wide range of construction experience makes him a resourceful inspector for any project. YEARS OF EXPERIENCE: 10 JOSEPH FULTON SPECIAL INSPECTOR CAPABILITIES Shear Wall Nailing Reinforced Concrete Asphaltic Concrete Structural Steel (Shop and Field) Structural Masonry Fireproofing Epoxy Injection High Strength Bolting Prestressed Concrete Soils CERTIFICATIONS AWS QCI No. 99050284 ICBO Reinforced Concrete ICBO Structural Steel ICBO Structural Masonry ICBO Prestressed Concrete ICBO Spray-Applied fireproofing ACI Grade I Nuclear Safety Class REPRESENTATIVE PROJECTS ~' City of Livermore On-Call Contract Livermore, CA Civic Center Office Building Fremont, CA 901 Gateway South San Francisco, CA One Market Building San Francisco, CA Mozart Residence Los Altos Hills, CA Notable projects performed with previous employers: Memorial Hospital Parking Structure Soil compaction and mass grading. Post- tensioned concrete, reinforcing concrete and concrete placement inspection. Lever Brothers Stockton, CA Soils compaction with lime treating, reinforcing steel and concrete. Middle Bear San Joaquin River Lower and Upper San Joaquin, CA Soils compaction testing sand cone method. Microsoft Campus Reinforcing concrete, concrete placement, and post-tensioning observation and inspection. Tracy Transfer Tracy, CA Mass grading, soil compaction, reinforcing steel, concrete placement, high strength bolting inspection. Stockton Municipal Airport Cargo Loading Area Mass grading soil compaction, nuclear and sand cone methods, asphaltic concrete sampling and compaction. i CONSOLIDATED ENGINEERING - _ c .. - ~ F ~ c 5 John joined Consolidated Engineering Laboratories (CEL) 'in 2000, bringing 20 years of experience in the construction industry as a welder, a welding foreman and supervisor. John has the construction background and the ability to effectively communicate. This, coupled with his diligence and enthusiasm for the job, makes John a value-added asset to any endeavor in the built environment. In john's 14- month tenure as an inspector, he has proven himself to be an outstanding special inspector. JOHN L. HYSLOP SENIOR INSPECTOR YEARS OF EXPERIENCE`. 20 YEARS AT CEL: 1 CAPABILITIES Nailing Concrete Structural Steel Roofing Epoxy Grouted Doweling Fireproofing Ultrasonic Steel Testing Hazmat CERTIFICATIONS AWS Welding ICBO Reinforced Concrete ICBO Structural Steel ACI Concrete REPRESENTATIVE PROJECTS University Circle Palo Alto, CA Performed reinforced concrete, shotcrete, structural steel and fireproofing inspection for this mufti-building commercial campus. Alum Rock Union School District San Jose, CA Performed reinforced concrete and structural steel welding inspections on various projects throughout the district. Bart San Bruno, CA Performed reinforced concrete and . structural steel welding inspections. Kaiser -Various Projects Performed reinforced concrete, structural steel welding and epoxy grouted doweling inspection services. 401 Castro Mountain View, CA Performed structural steel welding inspection on this multi-story office building. DLC Redwood Cfty, CA Performed all reinforced concrete, structural steel welding and epoxy grouted doweling inspections. CONSOLIDATED ENGINEERING ._ _. c E c Richard began his career in the testing and inspection industry in 1983. His experience and multiple inspection skills make him one of our most sought after inspectors. He is qualified in a variety of construction inspection procedures, and has worked on many types of projects including arenas, paint facility, residential structures and commercial buildings of concrete and steel frame construction. RichardY exceptional communication skills allow him to effectively interact with clients, building ofFcials and contractors. His high level of enthusiasm and meticulous attention to derail are definite assets to any project. RICHARD KING SENIOR INSPECTOR YEARS OF EXPERIENCE: 16 YEARS'AT CEL: 1 1 /2 CAPABILITIES Shear Wall Nailing Reinforced Concrete Roofiing Fireproofing Structural Steel CERTIFICATIONS AC6Grade I ICBO Reinforced Concrete ICBO Structural Steel ICBO Prestressed Concrete REPRESENTATIVE PROJECTS ' Oakland/Alameda County Arena Oakland, CA Structural steel and reinforced concrete inspection. Nummi New Passenger Paint Facility Structural steel and reinforced concrete inspection. Adaptec Milpitas, CA Structural steel and reinforced concrete inspection. Stanford Center for Clinical Sciences Palo Alto, CA Structural steel and reinforced concrete inspection. Applied Materials Santa Clara, CA Structural steel and reinforced concrete inspection. Netscape Addition Mountain View, CA Structural steel and reinforced concrete inspection. Mowry Business Park Newark, CA Structural steel and reinforced concrete inspection. Pacific Commons Fremont, CA Structural steel and reinforced concrete inspection. Koll-Arden Industrial Center Fremont, CA Structural steel and reinforced concrete inspection. • CONSOLIDATED ENGINEERING c F n c R E 5 NORTHERN CALIFORNIA RESOURCE MATRIX fcso cErtncsaTwNs TfCNNICIAN/INSPECT00. 5hucrVru ntU wrW[[D acox<a[r[ s*,V[iuaµ wscxa, n[sra[zVD <M<uit 5ru,.Uralro m(wWaxw WxD[SraVCIM T ~ N.aT AwS Ki a[v< ~/ r asmy M1<x i ,a~C R(N van< ryM `yR C4ruxk MGracv vM,<an[ xuarrK a0.vrx< wa< 4grena hva % X tR. Mi Y % nuen Cunn % x Y % 3 nnaerson ieD X 4nkmv 0.angr X % X k % 5 4mo10 Bryn % % X % % % % X % ; 6 Beeae. kenny x % ] BoOmaskv Cagan % z Y UT.Mt % % X e eooronsar. EewarD - % 9 BranOr. Aeve X % % 10 Braume Gary X % % % x 11 Brown n L % % % % % x 12 Buck W~I am % x % % % 13 61ClIOn. Cesar UT % la CarooneNen x % % X % , 1 S Carnet. CDns % X X % NICFT. Ngxw+v bD3yV. SDrIr:COn< I6 Caswell. Tnomas x I B Cook. Ym % % % Uf. Mi, R. RT % % 19 Cressev. l[<Dn<n X % % % X VL % X X X % 20 Cng9erJmeDD X % Ut % % X 11 Cunrt,.lames % X % % 11 Daly Rtlon % % W % % X 23 Dav[v xum % % k 2. m.~es aoD[n x x x x x z x x x x z 2s Draa loon % X N+rmK 16 D~<kerson. Dare % x % % % % X 2> D~<xson Tnomas % MT. pi Ri % % IB pougiat Lrry % % 19 Drou~x wnwm. x % ((( % % 30 DnnorD Bru(< x % Ui. XR.R % U CITv 31 bmmr BPOn % . 11 fDDynD Gt9 - uK.KW ek[/xxn/faum 33 fnnum •nD,ew % x % % ~ ~ % % k % 3a Es<nl~man Duane % % % 3S (wer.l~m x X % X 36 Hvt~o 0.rtnaro % Ip % % Y Rmm~ Un % 18 0.PDa L n % % % 39 lisn ~mlD % x % x x x N,%rrul a0 Imunmo Ern X k % UCItt, Nazmn ar 40. BoD X % % % fr.,tr )one x x x x x In % x x x Y unc. NDNTUxD a3 EWOn loseon z x z x x UT x % x x x 'wamat Gr<u. Noon % x x X x % % % n ct,,..e ce,le % ~ z as c~DaDn. c,tq x x z x u cymy. sarv[ x Irt. wr. fT z x a8 Grar. Davrq a9 Green. urry % UL Yi, pf % % IACWMTY 50 NdaeliJell % % % Y 52 WrEec fEen % % X x X % 53 Nanin9ten. Wav,k 5. NnNimi. ADEUI % x SS WYM4. LN X X % % ~ ,Y k .x. Y 16 Nearn. <Narks % % Y IR, Mf X % Y Y S> I kHenn. TOnY % % 58 I ' aerne.loDn X X X % % % Y ' S9 N elminuk. Danml % % Y % % % k Troak<fUOUtgn CONSOLIDATED ENGINEERING ~ A B O R A T O R 1 E 5 NORTHERN CALIFORNIA RESOURCE MATRIX TECHNICIAN/INSPEROR snumuw R4L ~0+~ MKMr[ snunu+.+L 14YMY Atn+u¢o CpKYR wruwrD +WADpW( 'M^ounu[m[ „M N qD +~ ~1 LLM,1 ~y +yMLT MTOI MM w RCN. yvE M ~ T'+LT++16 WLI+KM WIC+[ll NMIK Mp+IL MbC 60 NenOenon. JlN % z x UT X z ~ % x 61 Nornv,k.lonn % _ % X % % 61 NrsloD.lonn X x % X _ % ; 63 ensen. M,rvln X % bz %+m. &ns~ X % % X X 65 RIn9 gnllnD X % % f % % % 66 RIn9. 0.¢nvU % X X % _ % Y 68 xm5s.lonn % % % % X % % 69 LaCOS1e. Mlke X ~ X _ X % >0 urgry. Cnua4 % X % .. >1 Le~9nron. Jeff - % X % % % X II Lleeola.leN % x x z x X % x )3 4eZZ,u. Mark UT ), bn0evM0. f0 % % X 4R.UT % X >5 Laz,nO.A Anum IR X Y "- % % ]b Lussae. Tnom,S UT X % % A lulner+n, )er+IE )B ]9 Lvkes. RO6en MR Seven x % X % %-' % % 80 MCAH!<. Li/ry ~ % % k z % X 81 McConnell. A16lrt % X % IR. Pi. 41T X % B1 u[Cmmron'Tnmmwq % % 83 M(G+rry. DennlS x % % X % X % % % ; B+ MCL+unn IOrY - Y % % 85 Me+O<.leremr % % Bb Men9o++lo~n % % % % W.4R Y % UCOUNTY 8] M n Cerh k % X % % % % BB M + % 89 Mm<• ROMn X X % R % % X 90 Mine Dvngm 91 MOOq lueson x % % ~ Uf % % 91 MorWn Bryn % x - ; % ~ % ; 93 Mowrz4~ ]ermev % % • Owom4 r+4pr X x X UE. 4R % z ; 01 De<kMm CnMlef % Y X IR % % Y X MYIMI 96 Deeln O+rell x Y % % q] Rmroo loon % ; 98 VnilliDS IOnY % % % 99 Dwnn Meun.o % Y X Y % % ; 100 0.umuuen Berg Y % % X IR.Mf Y % X % % 101 ge+ume Marc % % % UT Y % % IOE Rerne++ R,mon % X ; ~11,[1r1at 10) RrtwenS. loon % X % ; % % X 10+ Rtlw %ennan OE Y % % ; 105 0.08+9n C<wge ; % x Y % % 106 0.o++nL+lm. D,le % % ; X ; 10] 0.otMCntL Bill x % X IOB 109 Ilo RuHell. EOwuE S,ul+OUry. Tmer]A xort.Nab+ x ~ % yr X X % x % - % % NEC, UEC. RU 111 ScoU. noeen z x UE X x 11x Sewer. oNE % ; ; ; 113 A+ien.ym % X % X % X % ; , n, Lrt. AI Y % X % UT X % % X. I15 Sm+IL M14e k X % % 116 SmItN, M<NIn Y % X ME. UT ; % 11) 9nvEtr Yet X X % 118 SDe9,r Tem Y % X _, % ; % Y . % CONSOLIDATED ENGINEERING x, e e M n ~ e A l e s NORTHERN CALIFORNIA RESOURCE MATRIX Kso cumtxwnoNs TECXNICIRN/INSKCTOR m~uux 51[[. u~.rwao CpKFR[ mucrvw w5CN4a nes.esuo <wKllxlx ».,.un~m MtMOdMG w.xmue+m xRmt m. n.vr..n •WS .n IMIi 3wv 1AUti ue. n.Vn ,er RC4 svwl Cpn.0. nsnn L4xLV5 xtxRaKLL Ygiw[xl xu~xK 0.vwG M[ n9 slant. wrnare x x Izo slamao~. carv % x z z x In sine. Tnomas x x x 122 Taymr. 0.ovc< % % % % MT, VT. RT.R Y % j 123 Teal Dennis Ui % % % IN TAai Ming % % % % Numu 125 Tymmel.lo I 126 Urib<. ROpeno X Y % % % I v v,~ Nom. er,e x x x x j ua vmxens. aim,m x x % z x z 129 Waleow~4. Rick 130 WeIIS. George % % X X 131 Williams.fam<5 % Y X 132 Wnsink. M¢nael % x % % X % X % 133 Weneall. Tim CONSOLIDATED ENGINEERING • L H B O R P O R I' E 5 Saratoga Library Phase II Saratoga, California /Proposal #1003 PRICING Description Quantity Unit Rate Subtotals REINFORCED CONCRETE Mix Design Reviews 1 Each S 55.00 S 55.00 Concrete Placement * 20 Hours / 4 Dayz S 65.00 S 1,300.00 Reinforcing Steel 16 Hours / 4 Days S 65.00 S 1,040.00 Compression Tests (4 cylinders/1 501.yds) 16 Cylinders / 4 Sets S 25.00 S 400.00 Sample Pick-Ups 4 Trips f 25.00 S 100.00 SUBTOTAL• S 2,895.00 STRUCTURAL STEEL INSPECTION Shop Fabrication Inspection 60 Hours / 10 Days S 65.00 S 3.900.00 Field welding Inspection 32 Hours / 5 Days S 65.00 S 2,080.00 SUBTOTAL• S 5,980.1 EXPANSION ANCHORS Placement of Expansion Anchors 20 Hours / 5 Days S 65.00 S 1,300.00 Proof Load or Torque Testing 20 Hours / S Days S 65.00 S 1.300.00 SUBTOTAL• S 2,6110.00 PLYWOOD NAILING Shear Wall Nailing Inspectipn 60 Hours / 10 Days S 65.00 S 3,900.00 Timber Inspection and Bolting ~ 40 Hours / 10 Days S 65.00 S 2,600.00 SUBTOTAL ~ S 6.500.00 MISCELLANEOUS Flnal Affidavl[ S 200.00 Prolec[ Englneering and Management 3% S 539.25 SUBTOTAL S 739.25 MAN-HOURS 248 GRAND TOTAL: $ 18 714.25 Batch plant inspection for the first truck and follow to site for placetnent inspection. • CONSOLIDATED ENGINEERING ~ A B O R A T O R ~ E S -__J REINFORCED CONCRETE Scope of Services Saratoga Library Phase fl Saratoga, California January 15, 2002 /Proposal #1003 We will review the proposed concrete mixes in our laboratory for conformance with the specifications. Mix Design Review 4 Clearances; o Cleanliness of bars; o Spacing tolerances; 4 Proper support of steel with ties. Reinforcing Steel Placement Prior to the pours, our inspector will inspect the reinforcing steel placement to determine that it is according to plans and specifications. Our inspector will check: o Size and spacing of bars; o Location and length of splices; Concrete Placement During the pours, our inspector will be on-site continuously, as required by Code, to monitor the placement. Our inspector will: ~ ' o Determine that no bars are displaced during pouring; o Observe cleanliness of steel; o Determine adequacy of placement and vibratory equipment; o Determine proper delivery rate of concrete and monitor batch times; o Determine the correct mix is being utilized; o Monitor slump of each truck; ~ Record temperature of air and concrete; o Cast cylinders for compression tests at the specified frequency; d Perform air checks, if required by specifications, during concrete placement; o Observe anchor bolt/dowel installation operations to determine hole depth, embedment and cleanliness, as well as materials and workmanship. We will inspect to determine ail dowels are installed in accordance with contract documents and/or manufacturer's requirements. Compression Testing We will transport all samples to our laboratory for compression testing in strict accordance with ASTM requirements. Compression test reports will be distributed to the appropriate parties. CONSOLIDATED ENGINEERING ~ q g p R q T O R ~ E g STRUCTURALSTfEL Scope of Services Saratoga Library Phase II Saratoga, California January 15, 2002 /Proposal #1003 Shop Inspection a Review of welding procedure specifications; 4 Material identification and mill certificate review; o- Observe the utilization of certified welders and approved welding procedures; o Visual inspection of welding to determine compliance with contract documents; o Nondestructive testing of moment welds and column splices; a Confirm approximate preheat temperature; o Continuous inspection of multi-pass fillet welds, full penetration welds and reinforcing steel welding. Field Inspection a Observe the utilization of certified welders and approved procedures; 4 Confirm approximate preheat temperature; o Nondestructive testing of moment welds and column splices; o Inspect to determine and observe proper installation•and tightening of high strength bolts; o Visual inspection of welding to determine compliance with contract documents; o Continuous inspection of multi-pass fillet welds, full penetration welds and reinforcing steel welding. Metal Deck/Shear Studs Intermittent visual inspection will be conducted for metal deck and shear stud welding. High-Strength Bolting - As required by the Uniform Building Code, at least two bolts per connection, or a minimum of ten percent (10%) of all high-strength bolts in slip critical connections, will be tested to the required torque per ASTM guidelines. Saratoga Library Phase it Saratoga, California CONSOLIDATED ENGINEERING January 15, 2002 /Proposal #1003 F B O R O T O R I E 5 EXPANSION ANCHORS Scope of Services As required, we will perform visual examination of anchor placement to determine if anchor holes are clean, of the proper depth and diameter, and installed as specified by the manufacturer. In addition, we will perform proof load/torque testing of the expansion anchors at the percentage defined by the plans and specifications. NOTE: These estimates assume that adequate access will be provided for performing the work at maximum production, i.e., scaffolding. Should any anchor fail, additional tests will be required per plans. ~' TIMBER Scope of Services Field Inspection Our inspection activities will include the following: a Inspect erected timber framing as required to contract drawings; o Inspect all bolted connections; o Inspect all timber connectors; o Inspect roof diaphragm nailing for nail si plywood panel edges, and special nailing establish conformity of work with ze, spacing and penetration at at collector and drag members. CONSOLIDATED ENGINEERING D B O R o i O R ~ E 5 PLYWOOD NAILING Scope of Services Saratoga Library Phase 11 Saratoga, California January 15, 2002 /Proposal #1003 Consolidated Engineering Laboratories will review the structural drawings to ascertain all shear walls which require any inspection activities. This review will be performed by our in-house engineer and will be discussed with the structural engineer of record. Detailed inspection activities will include real time coordination with the inspector on-site to ensure that all items requiring inspection are in fact inspected. Apre-framing meeting prior to concrete work should be held to determine that all players are aware of the contract document requirements. We will perform a final inspection of the installation of plywood roof diaphragms and shear walls. Our inspection activities will include the following: o Observe hold down placement prior to concrete placement; o Observe hold down type, size, position and location; o Observe nail type and size; o Observe nailing patterns including edge nailing; o Observe plywood, type, thickness and grade; o Note location of (nail) shiners; o Note location of stud/plywood edge splitting; o Inspect to determine replacement/repair of shiners/edge splits; a Observe plywood edge spacing; o Check .for plywood delamination. Once nails are installed, type and size cannot be conclusively determined. Saratoga Library Phase II Saratoga, California January 15, 2002 /Proposal #1003 The following "Fee Schedule° is provided by CEL with prices applicable to your Saratoga Library Phase II project. This schedule is provided should unanticipated test or services arise on the project. i CONSOLIDATED ENGINEERING LABORATORIES SARATOGA LIBRARY PHASE II FEE SCHEDULE CONSTRUCTION INSPECTION AND MATERIALS TESTING Effective January 1, 2002 through December 31, 2002 PERSONNEL ~_~"~"'""'" __ __ _ N- _._ ;~.•-. •''-S0"'~{'-` ~"_ UNRRATE UNIrt Principal $ 140.00 , hour. Principal Geotechnical Engineer ~ $ 125.00 hour Senior Engineer $ 110.00 hour Project Engineer $ 90.00 hour Staff Engineer $ 60.00 hour Inspector/Field Technician $ 65.00 hour Inspector/Field Technician -Prevailing Wage $ 79.00 hour 'SPECIAL SERVIC .. ~ -,-... :..~'ON11`RATE: UNIT: Soils Inspector with Nuclear Gauge $ 80.00 hour Windsor Probe Tests (probes extra) - $ 80.00 hour Pachometer $ 65.00 hour High-Strength Bolting $ 80.00 hour In-Place Brick Shear Tests (Masonry) -Two-Person Crew (4-hour minimum) $ 145.00 hour Pull-Out Tests (Proof Loading) $ 80.00 hour Ultrasonic Testing of Weldments $ 80.00 hour Floor Flatness Testing: - Surveying/Inspection $550.00/half day; $800.00 day - Profileograph $ 1,000.00 y da SOILS AND BASE MATER "".~'"'" """""°""""""~"'~."""" ."_ "_ "_" 1~-LS°:._......,; , ....~.s~ ~:. oc" : s~~ . UNIT RATE+ UNIT . , -~._ . Moisture/Density Curve . ~ _.-~.v.._.:.y...,.o,. . _ Standard Proctor ASTM D 698 $ 235.00 each Modified Proctor ASTM D 1557/AASHTO T180 $ 255.00 each Checkpoint $ 115.00 each California Impact, Cal 216 $ 255.00 each Sieve Analysis Bulk Sample Gradation, ASTM C 136/Cal 202 $ 100.00 each Material Finer than #200 Sieve; ASTM C 117 $ 50.00 each Soil Mechanics Soil Classification, ASTM D 2487 $ 305.00 each "R" Value, ASTM D 2844/Cal 301 - $ 275.00 each Plasticity Indez (Atterburg Limits), ASTM D 4318/Cal 204 _ $ 145.00 each Santl Equivalent, ASTM D 2419/Cal 217 $ 95.00 each Compression, Cement Treated Base (Including Preparation), Cal 312 $ 145.00 each Particle Size Analysis ASTM D 422 Hydrometer Minus #200 $ 160.00 each Sieve AnalysiyHydrometer $ 255.00 each AGGREGATE."`3, -. .. , _: - . -.- _ .. a _::_:r _ :.r^"".'='`""`".'?^'.''UNR.R9LF~S1.N1L Sieve Analysis Bulk Sample Gradation (coarse or fine), ASTM C 136 $ 100.00 each Material Finer than #200 Sieve, ASTM C 117 $ 50.00 each Bulk Sample Gradation, Cal 202 $ 145.00 each Specific Gravity (coarse), ASTM C 127/Cal 206 $ 70.00 each Specific Gravity (fine), ASTM C 128!Cal 207 $ 75.00 each Absorption, Sand or Gravel, ASTM C 127/ASTM C 140 $ 60.00 each Organic Impurities in Concrete Sand, ASTM C 88 $ 60.00 each L.A. Rattler, ASTM C 131 or C 535/Cal 211 $ 255.00 each Sulfate Soundness (per sieve), ASTM C 88 $ 105.00 each Unit Weight of Aggregates, ASTM C 29 $ 70.00 each Hardness, ASTM D 1865 $ 100.00 each Crushed Particles, Cal 205 $ 135.00 each Cleaness Value, Cal 227 $ 100.00 each Durability ASTM D 3744/Cal 229 $ 100.00 each Moisture Con±=-t of Aggregate ASTM C 29 a ~n nn i CONSOLIDATED ENGINEERING LABORATORIES ASPHALTIC.CO. __ Hveem Compaction (including sample prepation), Cal 366, per point $ 150.00 each Hveem Compaction (premixed sample), Cal 304, per point $ 125.00 each Stabilometer Value, Cal 366, per point - - $ 50.00 each Bitumen Content (extraction), ASTM D 2172 $ 150.00 each Bitumen Content (extraction), Cal 310/Cal 382 Ignition Furnace $ 170.00 each - Gradation of Extracted Sample, ASTM C 136/Cal 202 $ ~ 145.00 'each Unit Weight of Compactetl Asphaltic Concrete, ASTM D 2726/Cal 308 $ 45.00 each Unit Weight of Compactetl Asphaltic Concrete, (Paraffin Coated) ASTM D 1188 $ 70.00 each Marshall Compaction (including sample preparation), set of 3, ASTM D 1559 $ 320.00 each Marshall Compaction (premixed sample), set of 3, ASTM D 1559 $ 260.00 each Marshall Flow and Stability, per point, ASTM D 1559 $ 50.00 each Maximum Theoretical Specific Gravity (Rice Gravity), ASTM D 2041 $ 135.00 each Swell of Bituminous Mixtures, Cal 304/305 $ 170.00 each Caltrans Complete Asphaltic Concrete Test (Hveem Compaction, Stabilometer Value, Extraction Gradation, Unit Weight), Average of Two Biscuits $ 725.00 each ASPHALTIC CEMENT _-..: - -r -,- : ..,.- -. ^ .. :„;,:.:; UNIT RATE', ; UNIT; Penetration of Bituminous Materials at 77°F, ASTM D5/AASHTO T49 $ 65.00 each Penetration of Bituminous Materials at 32°F to 158°F, ASTM D 5/AASHTO T49 $ 90.00 each Kinematic Viscosity of Asphalt, ASTM D 2170/AASHTO T201 $ 145.00 each Absolute Viscosity of Asphalt, ASTM D2170/AASHTO T201 $ 150.00 each Viscosity (Asphalt Institute Method) $ 170.00 each Rolling Thin Film Test, ASTM 2872/Cal 346/AASHTO T240 $ 150.00 each Residue by Evaporation, ASTM D244/AASHTO T59 $ 190.00 each Extraction and Recovery, ASTM D2172/ASTM D 1856 $ 615.00 each GEOTEXTILEFABRIC_ .< ~~ ""'"~"°°"''"°''°` """" "'`'""" UNIT RATE' ~ ~~~~ UNIT Tensile Strength by Grab Method $ 335.00 each Puncture Resistence, Index, ASTM D 4833 ~ $ 230.00 each Trapezoidal Tear $ 255.00 each Mass Per Unit Area, ASTM D 3776 $ 170.00 each Simulated Asphalt Retention, ASTM D 4830 $ 420.00 each Unit Weight Analysis, ASTMS 2329 $ 35.00 each Ply Count and Void Analysis, ASTM D 2329 $ 100.00 each CEMENT ,. _., ._. "e,, ..,, ~~ "" _..----•., -. "......UNITRATE!..UNIT Storage of Grab Sample, 60 days $ 20.00 each Cement Content of Hardened Concrete, ASTM C 1084 $ 2,135.00 each CONCRETE ti..., s - ~. -..... , -, ....: .. .. , .. ,. _ .~:_ ''"4uN2~1 " N-~ -~.'''~'-.. ~ - Concrete Mix Design Review $ 55.00 each Trial Batches, Prepared in laboratory $ 765.00 each Shrinkage, set of 3, ASTM C157, Cal 530 $ 350.00 each Compression, 6X12 Cylinders, ASTM C 39, Cal 521 $ 25.00 each Compression, Core (including end preparation), ASTM C 42 $ 85.00 each Compression, 3X6 Cylinders Lightweight Insulating Concrete, ASTM C 495 $ 25.00 each Compression, 2X2 Cubes, each age, ASTM C 109 $ 45.00 each Molds, 6X12 Concrete No Charge- Cylinders, Stored 60 days (hold cylinders) $ 25.00 each Splitting Tensile, 6X12 Cylinders, ASTM C 496 $ 60.00 each Unit Weight of Concrete Cylinders, ASTM C 567 $ 35.00 each Unit Weight of Lightweight Insulating Concrete, ASTM C 495 $ 45.00 each Compression Test of Lightweight Insulating Concrete, ASTM C 495 $ 25.00 each Flexural Strength of Concrete, ASTM C 78 or C 495 Shotcrete Panel, Up to 4 Cores Cncluding compression), ASTM C 42 $ $ 145.00 285.00 each each Chloride Ion Content, AASHTO T260 $ 125.00 each Emission of Moisture through Concrete $ 85.00 each GFRCPANELTEST,..°' _"` "".,~ .'r.~,~ ~ ^"°''~". "n" _ ""°/"*.'"""'^~ MTE~ NIT ~1MI~G Flexural Testing, per P.C,I Recommended Practice $ . ... 65.00 each Pullout Testing of Anchors, per P.C.I. Recommended Practice $ 105.00 each CONSOlIDA7ED ENGMEEMNG LABOMTOpIEB `~L'~FORpNC' .. Tensile Strength and Bend Test Samples, Size #3 - #10 $ 90.00 each Samples, Size #11 $ 125.00 each Samples, Size #14 ~ ~ ~ $ 305.00 each Samples, Size #18 (Full Section) $ 380.00 each ,pRES'TRESSI Uncoated 7 Wire Strand, 1/4" to 1/2' Yield Strength, Breaking Strength, and Elongation (Note: for Vinyl Coated Strands, $ 270.00 each (add $ 25.00 per test; for Modulus of Elasticity, atltl $ 25.00 per test) Breaking Strength Only $ 175.00 each ~i1ASDN6.Y - - Concrete Blocks Compression, Gross Area, ASTM C 140 $ 85.00 each Compression, Gross Area, Unusual Shape, ASTM C 67 $ 70.00 each Compression, Net Area, ASTM C 140 $ 70.00 each Absorption and Moisture, ASTM C 140 $ 100.00 each Linear Shrinkage. ASTM C 426 $ 180.00 each Bricks Absorption, with saturation Coefficient, ASTM C 67 $ 85.00 each Compression, ASTM C 67 $ 70.00 each Modulus of Rupture, ASTM C 67 $ 70.00 each Compression, Grout Prisms, ASTM C 39 $ 35.00 each Compression, Mortar Cylinders, ASTM C 39 $ 35.00 each Compression, Composite Prisms, ASTM E 447 $ 145.00 each Compression, Masonry Core, ASTM C 140 $ 60.00 each Shear, Masonry Core, CCR Title 24 $ 90.00 each Mortar Molds, ASTM C 470 No Charge Tensile Strength, ASTM A 370 (test only) Samples, Under 1-112 square inch in cross section $ 100.00 each Samples, 1-1/2 square inch and over in cross section $ 105.00 each Bending $ 70.00 each High Strength Bolts, Nuts, and Washers. ASTM A 325, A 490, A 449 Bolts Proof Load or Ultimate $ 85.00 each Nuts Proof Load $ 50.00 each Washers Proof Load $ 25.00 each Hardness (ROCkwelq $ 25.00 each ~~~~ Transverse Tensile _ $ 100.00 each Transverse Side Bend $ 70.00 each Transverse Root and Face Bend $ 70.00 each Macrotech $ 70.00 each 0.505' Tensile Specimen $ 105.00 each ; Charpy V•Notch Specimen Quotation on Request Radiography Consultation • $ 75.00 hour One-Person Crew $ 75.00 hour Two-Person Crew $ 140.00 hour Film Quotation on Request Magnetic Particle Level III (ASNT). $ 90.00 tour Magnetic Particle Level 11(ASNT) $ 75.00 hour Ultrasonic Level 111 (ASNT) $ 90.00 fwur Ultrasonic Level II (ASNT) $ 75.00 frour Dye Penetrant Level III (ASNT) $ 90.00 tour Dye Penetrant Level II (ASNT) $ 75.00 hour CONSOLIDgTED ENGINEERING LABORATORIES ,CORING SERVICES° ' _'~~,`- - RATE'l1IlIR Coring Machine Operator $ 95.00 hour Helper (add per hour) - $ 54.00 hour Diamond Drill Bit Charges,,per inch to 5° $ 6.00 inch Diamond Drill Bit Charges, per inch 6" and over Quotation on Request Compression of Core, ASTM C 42 ~ $ 85.00 ~ each _ROOFlNG'. ._. .-..-v..,. _:-` --__°-`- - -- - - - _-.~.:.. '?-...: UNILRA7~~31N11_' Ply Count and Aphalt by Difference; ASTM D 2829 $ 120.00 each Weight Analysis, ASTM D 2829 $ 45.00 each FIREPROOflNCa~"~ . -~_:_ .• ~. .,.,. ~ ._ __ -:, _..~_~- _.._,_. -, .~ _ : -:,, NR.RATE~,~UNtf Density of Sprayed on Fireproofing, ASTM E 605/UBC 43-8 $ 50.00 each Cohesion/Adhesion, ASTM E 736 $ 85.00 each SPECIALTYGEOTEC~. iNIC."~: _ _" _ _ ,_. ._ .. ; .: -'-`-uNIJRATE,;`UNI~ ASTM D1140 $ 45.00 each Consolidation (ASTM D2435, D4546) $ 160.00 each Time-Consolidation (ASTM D2435) $ 70.00 each Collapse/Swell (ASTM D4546) $ 85.00 each Unconfined Compressive Strength (ASTM D2166) $ 100.00 each Direct Shear (3 pt.) $ 915.00 each California Bearing Ratio, 1 pt. (ASTM D1883) $ 185.00 each California Bearing Ratio, 3 pt. (ASTM D1883) $ 500.00 each Water Soluble Sulfate $ 50.00 each pH (ASTM D4972) $ 35.00 each Lab Resistivity $ 85.00 each Other Laboratory Testing Quotation on Request MISCELLANEOUS GEOTECNNI~ - s ~-~ - "~~'~"""`_-' "-UNIT RATE„=UNR ~.~.:..: Y.... Vehicle Charges (Over 40-Mile Radius) -- . Truck, 2-Wheel Drive $ 0.40 mile Truck, 4-Wheel Drive $ 0.50. mile All Other Direct Project Expenses (such as contract drilling and backhce services, Cost + 15% special equipment rental, commercial travel, protective clothing, shipping, etc.) - Clerical5ervices $ 70.00 hour MISCELLANEOUSTESLSti1N1~E~ - ~•..~:::~..b=-=.•= w_~. _ a ~INITRATE UNIT; ~ .. Calibration of Hydraulic Rams .._., _„ $ 190.00 each Universal Testing Machine with Technician - $ 175.00 hour Instron Testing Machine with Technician $ 145.00 hour Windsor Test Probes ~ Quotation on Request Welder Qualifications $ 100.00 each Expert Witness $ 2,200.00 day Laboratory Technician $ 80.00 hour BASIS OF CHARGES' -_,'°""`. ~ ~,.;- +'- - '~"' :,, •~_. .,..__=:_...':.11NIT RATEv'UNIT' work Over 8 Hours per Day, or on Saturdays . Time and One-Half Work on Sundays/Holidays Double Time Swing or Graveyard Shift Premium $ 8.00 hour Work from 0 to 4 Hours 4•hour Minimum Billing Work from 4 to 8 Hours 8•hour Minimum Billing Show-Up Time 2•hour Minimum Billing Sample Pick-Up $ 25.00 trip Trip Charge $ 40.00 trip Laboratory Testing -Rush Fee Adtl 50% to Testing Cost Final Affidavit (Request 6 Working Days Advance Notice) Extra Copies (Over 4 per Issue Date) of Inspection Reports and Final Affidavit $200.00 Minimum Billing $ 15.00 each Project Engineering and Management 3% of Fees Reimbursables Cost + 15% Out of Area Services (Beyond 40.Mile Radius) As Listed Below: Travel Time Basic Hourly Rate Mileage $ 0.40 mile Per-diem, Ihcluding Lodging $ 80.00 day CONSOLIDATED ENGINEERING ~ p 6 O R A T O R 1 E 5 Travel Time and Other Cost Saratoga Library Phase II Saratoga, California January 15, 2002 /Proposal #1003 Consolidated Engineering Laboratories "Unit Rates" as proposed are fully loaded. These rates are inclusive of all travel time, mileage and administrative cost. Thus, there will be no hidden per test cost or report preparation cost. CEL will bill in four (4) and eight (8) hour minimum in accordance with our agreement with the Operating Engineers Loca13. Any reimbursable expenditures will be billed at cost plus fifteen percent (15%). However, CEL does not anticipate any charges that will pertain to this project. Suggested Services and Programs Through our review of the plans and specification, CEL does not see any required services other than those listed in our estimated cost. CEL does offer services that may be utilized should unforeseen circumstances arise during the project. Listed below are such services (but not limiting CEL to other services): o Floor flatness and levelness profiling should shelves or rack not level; o Concrete crack investigation; o Glu-lam shop fabrication inspection; o Roofing inspection; o Paint thickness verification. Prices for the above mention services and others are listed on the "Fee Schedule" in the Hourly Rate section of this proposal. • h`Ik~1~~~1~~1-lilt~l~rllilt~Yliti~~~~ to Provide Construction Inspection and Testing Services for Phase II of the Saratoga Library Project Prepared by: ~~ KLEINFELDER /anuary 18, 2002 h~ KLEINFELDER An pnrplrr.v np vv! r nngnmr January 16, 2002 Lorie Tinfow Assistant City Manager City of Sazatoga 13777 Fruitvale Avenue Saratoga, California 95070 SUBJECT: Request for Quotation (RFQ) to Provide Construction Inspection and Testing Services for Phase II of the Saratoga Library Project. Deaz Ms. Tinfow: Kleinfelder, Inc. (Kleinfelder) appreciates the opportunity to provide this response to the subject request for the Construction Inspection and Materials Testing services portion of the work. We understand that funding will be from Measure E and others, qualifying this as "prevailing wage" work according to the State of California. We have received no addendum as part of this RFQ. Kleinfelder has cazefillly selected an expert team of materials testing/inspection professionals to provide the services as outlined in the RFQ. We anticipate all services to be provided by Kleinfelder personnel, principally from our San Jose office, with support from Pleasanton, Oakland, Santa Rosa, and other offices as needed to meet contract requirements. Farid Ahmad will serve as Project Manager, bringing over 18 years of engineering experience to the project. He will be supported by six professional supervisory staff members with over 50 years combined experience, and 14 certified technician/inspectors. Kleinfelder is your best choice for this project as demonstrated below: • Capability of Firm -Over 40 years of experience in the Bay Area, working on construction testing and facility inspections similaz to yours. • Key Personnel Assigned to Project -Many inspectors with multiple certifications for'the District to choose for each project. Once assigned, these inspectors will be committed to your project. . • Project Responsiveness - "Proof is in the pudding." Call our references for evidence of our exceptional responsiveness and flexibility. • Client Relationships - Successfiil completion of long-term projects such as Santa Clara Telecom Center and Verio Hosting Exchange demonstrates our ability to work out details and communicate effectively. Page 1 of 2 ,,. ~~~•«~ nco „r., PfrI,J... no.4 n..„a c-„ i~ o rn oci4t i~~i ~ i e" nsc - .~, ,~-„ By signature below, Kleinfelder agrees to out proposed scope of work and cost proposal for a period of 90 days from the proposal due date. Sincerely, KI.EINFELDER, INC. F`~1-~d/Ahmad EIT Materials Group Manager ~ac('~s~ Paul A. Baginski, PE Regional Manager Page 2 of 2 KLEINFELDER 1362 Ridder Park Drive, San Jose, CA 95131-1571 (408) 436-1155 1408) 436-1771 fax BACKGROUND Who is Kleinfelder? Kleinfelder is a $140 million, employee- owned, environmental and geotechnical ~ K L. E ~ fJ F E t U E R engineering, construction management, and materials testing firm. Headquartered in San Diego, California, Kleinfelder has offices and testing laboratories throughout the western 2D00 Moving Up! United States. Our staff of approximately Than,E you, Clirnu and Employar.~ 63 1,500 professionals, technicians, and admin- istrative support personnel includes awide - range of disciplines in the fields of geotech- nical, environmental, materials, and seismic ?oP 500 Design Finns' engineering; construction management; earth ,~,~,~~ sciences; and information systems manage- E>rgr,rfn;egrvfrr„-tz<f°.e ment. Offering a wide range of technical resources and geographic convenience, Overthepas~five nears. Kleinjelderhasefpandedoursen~ices Kleinfelder provides the advantages of a andclienibase ro become an engineering rndusirt~ leader. large corporation, with the personal services typically available only from smaller firms. r Since Kleinfelder's ~ "Our success resides n,."„ ,,, ~ - beginning in 1961, we • •• in the gttalilt' and have remained true to "n"~^"^ our founder's core technical expertise of • philosophy: "You can °"' "' look for excellence in our people. " '°""° many places. We find it • in our people. They • take pride in their work and go the extra mile for *• one another and for our clients." Vnu.. *.• 'y Ur"" * • `°"":~ For over 40 years Kleinfelder has been a leader ' •* in solving complex issues and managing projects c...,.,..,, * from inception to completion. • r - bs * • a * ,/-~ * ~~ • ~ ~~ _ Tfr"s r, Integrated Services Important factors in Kleinfelder's success are client satisfaction and the synergy of our multiple discipline services. Because our firm offers a diversity of services, we are able to assemble project teams of technical experts who are committed to problem solving and addressing all aspects of our clients' projects from start to finish. Client Service The application of innovative technological solutions and personal attention to the specific needs of our clients are foremost in Kleinfelder's project approach. What Separates Kleinfelder From Our Competition? • We take the high road with each other and with our clients. We conduct business in an honest, open, and ethical manner. Our integrity is measured by doing the right things and taking personal responsibility for our actions. • We set aggressive yet realistic goals. We focus on meeting or exceeding perfor- mance requirements by confronting and solving problems directly. • We value our clients and focus on their success. We define client satisfaction in meeting or exceeding our clients' expecta- tions. Kleinfelder's staffhas expertise in a variety of disciplines, including environmental, geotechnical and materials engineering, construction management, materials testing and inspection services. • Kleinfelder's diverse team can provide management and technical knowledge throughout the cycle of a project, saving time and cost. • Kleinfelder's staff are familiar with the local geologic and soil conditions, which is invaluable in developing a suitable scope of services and a range of potential solutions. • Kleinfelder knows and has extensive experience working with regulations and regulators. • Kleinfelder is employee-owned. Our staff has a vested interest in the success of our company. Quality control, health and safety, and effective project management are our strengths. Kleinfelder's criteria for considering a project successful are that it is completed within budget, on time, safely and with a high quality of service. Kleinfelder has effective means of ensuring cost effective controls through sophisticated data management and reporting. Kleinjelders integrated approach has provided our clients ndth sound, multi-disciplinary sernices acrd value. Materials Services > Materials Testing > Materials Engineering > Special Inspections Failure Investigations and Analysis > Structural Investigations > Materials Research > Laboratory Testing > Non-Destructive Testing > Petrographic Services ~~ KLEINFELDER ~~,,,a~Y Construction Management > Construction and Program Management > Constructibility > Construction Engineering > Resident Engineer > Construction Inspection > Procurement Support ~~ KLEINFELDER M employee owned company Environmental Services > Pre-Acquisition Site Assessment > Site Characterization > Underground Storage Tank Management > Hydrologic and Hydrogeologic Services > Engineering Design Remediation > Air Quality > Risk Assessment > Waste Management Services > Resources Recovery -Reclamation, Recycling, Treatment > Water & Wastewater Resource Management > O.& M > Asbestos & LBP Industrial Hygiene ~~ KLEINFELDER M empbyee owned company i Geotechnical Services > Geotechnical Engineering > Geologic and Geophysical Services > Materials Testing Services > Materials Engineering > Pavement Engineering > Engineering Geology & Geology > Seismic Evaluation ~> Tunneling ~~ KLEINFELDER M employee owned company Technical Qualifications /Applicable Certifications Laboratory Testing and Inspection Standards At Kleinfelder, we take quality seriously. Specified inspections and tests are performed in accordance with the applicable test procedures and governing code. To achieve the highest quality, we are involved with many governing agencies and QC/QA organizations: For our efforts, HIeinfelder has been ac- knowledged by several Governmental and/or Regulatory Agencies overseeing our profession. A pri- mary standard for professional laboratory services is ASTM E329; Kleinfelder meets the requirements of ASTM E329, Standard Practice for "Use in the Evaluation of Testing and Inspection Agencies as used in Construction." ASTM and Caltrans test methods are employed in our testing services on a daily basis. Our concrete laboratories are inspected by a department of the Federal government through the cement and Concrete Reference Laboratories (CCRL) program as required by Division of the State Architect (DSA). In addition, our primary Bay Area laboratory in Pleasanton maintains accreditation or approval through DSA, OSPHD, Intemational Conference of Building Officials (ICBO), American Association of State Highway and Transportation Officials (AASHTO) and the US Army Corp of Engineers. We also main- tain an in-place internal quality control program. We have added ASTM C227 (Similar to AASHTO T303 and ASTM 1260) to our Petrographic Ser--~ vices. The ASTM 1260 test is an accelerated version of C227. These methods are mortar bar tests that determine potential reactivity of aggregates, which are possibly followed by petrographic examination (ASTM 295 for the aggregates and~.ASTM C856 for the mortar bars) depending on length change results. A partial listing of organizations recognizing Kleinfelder as a qualified provider of testing and inspec- tion services is presented below: DSA/ORS - Division of the State Architect, Office of Regulation Services Kleinfelder is an approved laboratory for materials testing and geotechnical services, a distinction not held by all firms in our profession. Our LEA approval number is 88. With the exception of wood- related services, all work is completed by Kleinfelder. Wood services are subcontracted to aDSA/ORS approved provider as noted in our LEA approval. Our current approval is valid into the year 2001. CCRL -Cement and Concrete Reference Laboratories Kleinfelder is an approved laboratory for testing services and quality control. CCRL reviews labora- toryprocedures bi-annually and audits all testing procedures that we are currently certified to perform. AASHTO -American Association of State Highway and Transportation Officials Kleinfelder is an approved laboratory for construction related to roads, bridges, highways and rail- roads. Please see our certifications in Appendix C. ICBO -International Conference of Building Officials Kleinfelder is an approved testing and inspection agency on the current list of approved testing firms for all construction that is enforced by the local building departments in the Bay Area. CALTRANS Kleinfelder personnel are currently certified to perform laboratory testing and batch plant inspection in accordance to Caltrans test procedures. NICET • National Institute for Certification in Engineering Technologies Many of our field and laboratory personnel are NICET certified. AWS -American Welding Society Many of our field personnel are AWS certified welding inspectors. ACI -American Concrete Institute Many of our field and laboratory personnel are ACI certified. ASTM -American Standard of Testing and Materials Our laboratory testing complies with ASTM procedures and standards Nuclear Gauge Safety Certification Many of our personnel have their State of California, Nuclear Gauge Safety Certification Equipment Calibration Testing equipment is calibrated at specified intervals with calibrations performed in accordance with applicable ASTM standards. Calibration, where applicable, is traceable to the National Bureau of Standards. ~1 7 Project Support Services Successful completion of a project, in minimum tiine and at minimtun cost, while maintaining quality is dependent on the effective management of resources, manpower, equipment, materials and capital. Like the integrated philosophy of Kleinfelder's disciplines, so is our management approach. The responsibility for management of a project is assigned to one highly competent and experienced professional, the project manager. The project manager, with his staff, plans, directs, coordinates, . and controls project execution. Kleinfelder assigns aself-contained task force of specialists exclusively for each project to perform all services required for that project. The project manager maintains overall control and is respon- sible to the client and Kleinfelder management for all aspects of the work. Proven procedures and control systems are used by the project manager to ensure strict compliance to budget, schedule and regulatory issues. These procedures and systems include: I Clear Communication Scope Task Assignment Sheet Aegis Tracking System Tracking is Weekly ~ Tracks Costs per Individual Task ~ ~ Quality Control ~ Budget Allotment vs. Itemized Costing and Tasking for to Cost Awazeness Quality Control Kleinfelder is committed to customer service and satisfaction and we strive to reflect this in the quality of our project. Kleinfelder employs a total quality management approach from the start and carries it through completion and follow-up on a project. Kleinfelder is a 100 percent employee- owned firm. Our employees believe in the philosophy of quality at the source because it is an investment in the success office firm both financially and professionally. Cost Control At Kleinfelder, we realize the significant impact of cost overruns to our clients. We use a centralized computer system (AEGIS) that tracks project activity on a daily basis. This provides us with regular status reports on project costs and work activity. These reports are used to monitor job progress and for comparison to projected budgets. This alerts us to any unanticipated cost adjustments as early as possible. We also maintain comprehensive monthly status reports. Our invoices include all necessary backup and the format can be tailored to suit the client's needs. Our objective is to produce invoices that aze clear, accurate and easy to understand. For additional information on Kleinfelder services and capabilities, please call (925) 484-1700 or any office listed on the following page. Kleinfelder's website address is www kleinfeldercom. ls~r'7s Healdsburg • _. `" ~' S SON'O,l1A NAPA ~• Sebastopol • Santa Rosa ~r Petaluma Na ~a • YOLO ~ ~~ ~/ ~ Rose~ille SACR9n1E.^'TO J airfield`` ~r SOLANO I v MAR1N i Vallejo --- San Rafae ~cn nd Pittsburg StOCktOn •Berkeley •Concord • © •Walnut Creek ` _ O land co1vTRA s,-~N S,4A' FRANCISCO COSTA San Francisc JO'~~~ ~'^~ Daly Ci • ©•Pleasanton / ALAMEj7A ~ san Mateo • Fremont • edwood City - Palo Ito Santa Clara ~ SAN • • SANTA MATEO San Jose cL,aRA siANlslaue Morgan Hill • SANTA CRUZ Gilroy • Santa Cruz Watsonville • SAN BEN1T0 •HOllister :410,1"fEkE'}" I~ Ideinfelder Bay Area • Office Locations Salinas • _~ Monterey ~~ KLEINFELDER M empbyea ownetl company Kleinjelder has numerous offices located throughout the Bay Area Region. ~,.~ v r r r o ~ .~ r r n r n RELATED EXPERIENCE ~ Project: On Call Getitechnicat Engineeririg~boratorfd Materiala~sth~e~ek' City Of San Ramon Client Contact: John Harper, (510) 225-2250 Kleinfelder provided the City of San Ramon with on call geotechnical engineering, laboratory testing and materials testing services for various projects. These have included the San Ramon Service Center, San Ramon Senior Center, San Ramon Park, street distress analyses and overlay projects. Kleinfelder's engineering services included field investigations, laboratory testing and engineering analyses, as well as preparation of geotechnical reports. The materials testing services included fill and backfill testing, placement of asphalt and concrete, concrete and asphalt batch plant inspections, mix design and review of roadway and parking lot preparation. Also included were welding services. On-call services completed to date: • San Ramon Service Center • San Ramon Park • Cal High School.parking lot • West Side Drive detention basin • Slope Peer Review • Henry Ranch Peer Review • San Ramon Senior Center • Street distress analyses and overlay projects • Red William Park • San Ramon Hospital • Norris Canyon Road Project: Mountain View Public Library Client Contact: Mike Ballard, Principal Civil Engineer, PE, (415) 903-6512 lleinfelder performed materials testing and inspection services for the new ]ibrary facility with approximately sixty thousand gross square feet. In addition, there was approximately thirty thousand gross square feet of below grade parking structure. The building is three stories with structural steel framing. Kleinfelder performed concrete, reinforcing steel, fireprooftng, structural steel and welding inspections. Project: 424 University Client Contact: John Tarlton, (415) 948.0298 Kleinfelder performed materials testing and inspection services for athree-story moment resisting structural steel frame with concrete footings and grade beams. The total square footage was approxi- mately 19,000 square feet. Kleinfelder performed concrete, reinforcement, fireproofing and struc- tural steel inspections. Project: Bernal Corporate Plaza Client Contact: Dave Olson, (925) 426-0909 A three-story, 108,000 square feet office building constructed with concrete slab on grade founda- tion, structural steel frame and granite exterior. We performed rebar, concrete, structural steel, fire- proofing, and nondestructive testing and inspection services. Project: Governor's Corner, Stanford University Client Contact: Frank Kloberdanz, (415) 725-7850 Kleinfelder performed materials testing and inspection services for the three story, 97,427 square foot student housing project. Foundations were concrete reinforced and building frame was struc- tural steel and wood construction. Kleinfelder performed concrete, reinforcement, masonry, wood framing and structural steel inspections. Project: .Oyster Point Widening, South San Francisco, CA Client Contact: Ken Metcalf, (510) 943-5834 The project consisted of widening existing Oyster Point Boulevard between Marina Boulevard and Gateway Boulevard, and included installation of curbs and gutters, sidewalks, asphalt paving, and large retaining walls. The earthwork construction associated with this project consisted of mass grading to establish a level roadway, backfill of retaining wall and utility trench installation includ- ing storm drain. Foundation installation included drilled piers for retaining wall along the excava- tion for wall panel foundations. Observation and testing of Portland cement concrete, aggregate base, recycled base, soil subgrade and asphalt concrete were required. The project was funded with City funds adjacent to a Caltrans right of way, thus requiring testing to Caltrans specifications. Project: Hillsdale Boulevard/US 101 Improvements Client Contact: Bill Carlson, (925) 460.5050 Swinerton Management Company has been retained to oversee the conversion of Franklin Bay Meadows horse Racing facility into cotnmercial development and housing. As part of the develop- ment the Hillsdale Boulevard on-ramps and off-ramps were to be improved. The project consisted of realigning on ramps, construction of large retaining walls and soundwalls, and placing of numerous CIDH piles. Kleinfelder's role was to provide quality assurance sampling and testing of all construc- tion materials. The materials sampled and tested were: Concrete, concrete aggregates, asphalt concrete (dense grade, open grade), asphalt aggregates, asphalt cement, lightweight fill, MSE mate- rial, earthwork, trench backfill, and re-bar. Project; City of San Ramon Supplemental Inspector, San Ramon, CA Client Contact: Doug Spindler, (925) 973-3260 . The City of San Ramon subcontracted HIeinfelder to provide a full time inspector to the City of San Ramon for 2000 and 2001 construction seasons. Kleinfelder was responsible for monitoring concrete, asphalt, and soil construction activities for the City. HIeinfelder also was responsible for public safety, which included insuring safe traffic control and proper notification of future activities __ ._ ,~ ^~ Kleinfelder provided a full time inspector to oversee placement of slurry seal and crack sealing an~ wedge grinding. Inspector tracked contractor progress•for payment. Project: Bank of Santa Clara Client Contact: Larry Santa Maria, (408) 987-9435 Kleinfelder performed materials testing and inspection services for afour-story moment resisting structural steel frame, with concrete foundations and structural slabs. The total square footage was approximately 30,000 square feet. Kleinfelder performed concrete, reinforced steel, masonry, fire- proofing, and structural steel welding inspections. Project: Runway 1L-19R Overlay and Reconstruction Project Client Contact: Jimmy Chiu, PE, Project Manager, (415) 737-7741 Kleinfelder provided Materials Acceptance Sampling and Testing Services during the construction of nearly 80,000 tons of dense graded hot mix asphalt concrete, 4,000 tons ofasphalt-rubber concrete (friction course), 25,000 tons of cement treated base (CTB), aggregate base (AB) and subbase soils. Our services included obtaining samples of materials from the site and performing various laboratory tests in our field laboratory to determine the properties of the materials and compare materials compliance with project specifications. Kleinfelder personnel also worked 24 hours a day, seven days a week as was needed during the first phase of the construction schedule. Project: San Ramon Annual Maintenance, San Ramon, CA Client Contact: ~ John-Paul Ripert, (925) 973-3263 The City of San Ramon annually subcontracts a pavement condition survey of the city streets in San Ramon to develop long and short-term pavement maintenance strategies. Kleinfelder's role was to provide pavement inspections and quality assurance sampling and testing of construction materials as well as review contractor material submittals for potential use on the project. The materials sampled arid tested were: concrete, concrete aggregates, asphalt concrete (dense grade, open grade), asphalt aggregates, asphalt cement, lightweight fill, trench backfill. Kleinfelder provided in-place density measurement of soil and asphalt concrete materials. Kleinfelder provided a full time inspector to oversee placement of slurry seal and crack sealing and wedge grinding. Project: Construction ServiceslDavis Medical Center Client Contact: Ellen Warner, (916) 734.8206 The Medical Center at the University of California, Davis was recently completed. IUeinfelder performed construction materials testing for this project, which consisted of a two-story steel-frame . building with a concrete slab-on-grade floor. The building encompasses approximately 26,000 square feet in plan area. We provided services which included cast-in-place concrete, drilled piers, structural steel and welding, structural masonry, spray-applied fireproofing, anchor bolts, and asphalt concrete. Some concerns encountered on this project included: • Concrete. On two different occasions, concrete trucks were noted to have not discharged their loads in the 90-minute time frame as specified. This was immediately brought to the attention of the project superintendent who rejected the loads. This helped to verify that project specifica- tions were adhered to. • Anchor Bolts. Some column base plate anchor bolts were installed incorrectly, resulting in bolts which were too short for their intended uses. This was brought to the attention of the structural engineer, allowing redesign and corrective actions to be implemented resulting in no lost time. High Strength Grout. Difficulties in placement of high strength grout was experienced in several areas of the building. At our suggestion, small holes were drilled to verify adequate placement of material. This helped alleviate a potential structural problem. Project: City of Berkeley On-Call Testing Support Services Client Contact: Alex Tara, (510) 644-6540 Kleinfelder is performing materials testing and inspection and geotechnical engineering services . on a two-year on-call basis to the City of Berkeley. Our materials testing services included observa- tion and testing during fill placement, roadway preparation, trench backfill, asphalt placement, concrete placement and compliance testing. Kleinfelder's geotechnical services included test borings to evaluate soil conditions, soil property identification, concrete and asphalt pavement evatuation, pavement design, pavement rehabilitation and engineering analyses. As part of our services, we also provided seismic special inspection for the seismic upgrading of the Sathergate parking structure and various fire stations. Our testing services were performed in accordance with both ASTM and UBC standards. Current projects include the Seismic Upgrade of Fire Station No. 5 and the Alternate Emergency Operations Center. The City of Berkeley structurally upgraded the existing Sathergate Garage. The reinforced concrete building, which is located between Charming Way and Durant Avenue, consists of five floors plus the roof level. The seismic upgrade consists of the reconstruction and enlargement of the existing footings and the installation of five levels of steel brace-frames at the north and south ends of the. structures, the installation of approximately 17,000 epoxy-set dowels and bolts, along with the construction of new concrete curbs at the east. In addition to engineering design services, Klein- felder provided a senior level multidisciplined inspector who coordinated and managed all special inspection personnel assigned to this project. We provided concrete, shotcrete, epoxy injection, welding and load testing of epoxy set dowels. L J ^ ~" RESUMES ~. ICBO CWI • AWS ACI Caltrans OSA Bob LaPlaca x x x Robert Hammon x x x x Sajjan Lell x x x Nasir Ahmad x x x Tom Troy x x x x x Michael Collins x x x x Brandon Brockett x x x ' Nudear Gauge Radiation Satety ~J -* FARID AffiVIAD Materials Gronp Manager Summary ofFaperieact Mr. Ahmad has over 18 years experience in testing materials, laboratory management, quality control management, geotechnical engineering and management, construction supervision and internal auditing. He has managed a staffof 18 for Standard Testing and Engineering Company, which is ICBO accredited. His responsibilities included quality control, and operations of the geotechnical, construction material testing and drilling departments. He was an instructor for the Oklahoma Department of Transportation QC/QA Training Program. In January of 2001, Mr. Ahmad became the Materials Group Manager for Kleinfelder in our San Jose office. He is responsible for 10 technicians and field inspectors for pipelines, paving, and other materials testing and inspections. He is responsible for training inspectors, providing project oversight review, report writing and review, and quality control/quality assurance for the San Jose operations/materials group. Educatio~r MS Civil Engineering, Oklahoma State University, Stillwater, Oklahoma, 1996 BS Civil Engineering, University of Kabul, Afghanistan, 1978 CerlrjPcatioas/IhoururB Certified Nuclear Density Gauge Technician Inspection of Plant for Prestressed Concrete Concrete Slab on Grade Concrete Troubleshooting Concrete Site Paving Lead Auditor Course -ISO 9000 Asphalt Supeipave Workshop Pmfess i o, r a J A, , g F!i a!I o i r s American Concrete Institute American Society of Civil Engineers Sde d Pmjt d E x p tri e~ r c t Mr. Farid was the Project Manager for the following projects. His overall responsibilities included: direct client contact, dispatch of work crews, report preparation, technical support, and invoicing. He was also responsible for technical, operational, and adminis- trative activities, which included review of project status for proper service and adequate staffing, review of inspector's' daily reports, assessment of concrete and asphalt mixes • and material evaluation, and preparation of engineering reports. In addition, he provided technical support for geotechnical and materials laboratory, testing and inspection ser- vices for reinforced concrete, structural steel, fireproofing, structural masonry, asphalt paving, and earthwork. __ , ~ ~A 7 Kleinfelder provided construction observation (Special Inspections) services for the following projects in general accordance with the project plans, specifications and the 1997 Uniform Building Code, Chapter 17 requirements. Esplanade Residential~lpartment Complex. The scope of our services for construction of six apartment complex included special in- spection, sampling and testing as applicable of.structural steel welding and. bolting, rein- forcedconcrete, structural masonry, fireproofing material. Yerio Hosting Exchange. The project consisted of the tenant improvements and seismic retrofit of the existing struc- ture. Kleinfelder scope of services included testing and special inspection as applicable for the following elements: reinforced concrete, structural steel welding and bolting, special moment resisting concrete frame and shotcrete. Santa Clara School District, various schools Scope of services included subsurface investigation, soils testing and earthwork observa- tion during construction phase, special inspection and testing of reinforced concrete, struc- tural steel welding and bolting, and structural masonry. Belmont ~Ilage. The scope of our services for the five story building included preliminary geotechnical~ investigation, soils testing and earthwork observation during the construction phase; spe- cial inspection and testing services where applicable were provided for the following: struc- tural steel welding, reinforced concrete, structural masonry, post-tensioned concrete, and shotcrete. Peterson Tractor. The scope,of our services for the construction of the service facility, wash rack and concrete parking lot included preliminary geotechnical investigation, soils testing and earthwork observation during construction phase; special inspection services.for the following: struc- tural steel welding and bolting, reinforced concrete. Santa Clara Telecom. Kleinfelder provided construction observation (Special Inspections) services for the project in general accordance with the project plans and the 1997 Uniform Building Code, Chapter 17 requirements. Field observations and test results were documented in Daily Field. Re- ports, which were presented in 23 progress reports. Kleinfelder provided special inspectors who provided construction observation and materials testing. • MARTIlV G. BRISENO Staff Professional Engineer Suntmrary ojEipetreirce Mr. Briseno has over five years of combined experience as a staffprofessional engineer, and field and laboratory technician. As a staffprofessional engineer, Mr. Briseno provides geotechnical recommendations under the direction of a ]icer~sed engineer during the construction phase of new building pads and pavement areas. His field work includes observation of pile driving, foundation excavation and drilled pier operations. Mr. Briseno's responsibilities as a field technician include observation and compaction testing during mass grading operations of building pads and pavement areas, and utility trench backfilling; compaction testing of lime treated and untreated subgrade soils and asphalt concrete; and observations during lime stabilization operations of Bay Mud and unstable subgrade soils for building pads and pavement areas. Compaction testing is per- formed using both ASTM and CALTRANS Test Methods. In addition, Mr. Briseno per- formed observation and compaction testing services during the placement of GCL and veg- etative soil layer for the 3ro Avenue Landfill in San Mateo, California. Mr. Briseno's geotechnica] laboratory experience includes performing moisture density compaction curves (using ASTM and CALTRANS Test Methods), moisture content and unit weights, Atterberg Limits, sieve analysis and concrete compression testing. Mr. Briseno assists in writing geotechnical investigation reports, preparing final earthwork construction reports, coordinating boring log locations, permit acquisition, and logging and soil classification during geotechhical field investigations. He assists the Project Manager on numerous on-going geotechnical projects. Bdu c a!i o n r /Ce r lJfi c a!i o a s BS Civil Engineering, California State University, Sacramento, 1994. Engineer-in-Training: #XE102856 OSHA 40-hour HAZWOPER Certification Se le c t e d Proj e d E a p eri e u c u SunnvbraeElementarySchool, San Mateo, Calijornra. Mr. Briseno's responsibilities included soil classification and logging during the subsurface exploration for construction of the new elementary school, and he provided geotechnical recommendations, observa- tions and compaction testing services during the construction phase. Fiesta Gardens Elementary School, San Mateo, California. Mr. Briseno performed pile driving observations in the new building pad as well as geotechnical observations and compaction testing services during lime stabilization of the Bay Mud subgrade soils in the the new pavement areas. . ~ wer~w Universin~ ojCalifornia, Santa Cruz, California. Mr. Briseno performed soil classifica- tion and logging during the subsurface exploration for construction of the new library building. Costco, Salinas California. Under the direction of a licensed engineer, Mr. Briseno provided geotechnical recommendations during the construction phase of the new build- ing pad and pavement areas, and performed geotechnical observation and testing services. Harden Ranch, Saliuas, California. Mr. Briseno performed geotechnical observations and compaction testing services during the construction phase of the new house track and . public streets. Silver Creek, San.7ose, California. Mr. Briseno performed geotechnical observation and compaction. testing services, using both ASTM and CALTRANS Test Methods, during construction of the new Silver Creek Gated Community and private streets. Home Depot, Sarr.lose, California. Mr. Briseno performed soil classification and logging during the subsurface exploration phase. He provided geotechnical recommendations and performed geotechnical observations and compaction testing services during construction of the new building pad and lime treatment operation of the unstable subgrade soils in the pavement areas. Santa Clara and ~IcoxHigh School, Santa Clara, California. Mr. Briseno performed geotechnical observation and compaction testing services during construction of the new science building pads, as well as during lime treatment operations of the new track and tennis courts. Bel Aire, San Jose, California. Mr. Briseno performed geotechnical observation and compaction testing services during the mass grading phase of the new Bel Aire Commu- nity. He also provided geotechnical recommendations and observation and testing ser- vices using CALTRANS Test Methods during the lime stabilization phase and compac- tion of the city streets. Pacrjrc Bell, Bailey,4verrue, San Jose, California. Under the direction of a licensed engineer, Mr. Briseno provided geotechnical recommendations for the stabilization of the wet, unstable subgrade soils in the pavement areas. Target, Hillsdaleilvenue, San Jose, California. Mr. Briseno provided geotechnical recom- mendations during the construction phase of the new building pad. He also performed foundation observations and geotechnical observation and compaction testing services during construction of the building pad addition. NASIR AHMAD Laboratory Manager Summary ofE~perie~rce Mr. Ahmad is responsible for overall daily operation of the geotechnical and materials laboratory including and not limited to technician training, coordinating the laboratory work, performing material testing, report prepazation and field testing. Education BS Civil Engineering, Kabul University, Afghanistan, 1975 Cetfifrcatioirs Nuclear Gauge Safety Caltrans Certified Technician Se le d e d Proj e d E t p e ri ex c e Caltrans District 9 Tehachapi Highway S8, B1ackRocklndependence Hrghwav 395. Caltrans Technician. Responsible for material sampling and testing, surveying and traffic control. Standard Testing andEngineerrngCompany, OklahomaCin! Oklahoma. Construction Materials and Geotechnical Technician. Responsible for performing grain size analysis (sieve and hydrometer), consolidation, triaxial, unconfined, permeability, CBR, field density, lime recommendation, aggregate sieve analysis, aggregate soundness tests, specific gravity, sand equivalent, LA abrasion, concrete sampling and testing in the field, steel tensile testing and testing build-up roof samples. JHKleinfelderand,4ssociates, Sunnvvale, Calijornia. Associate Technician. Respon- sible for field and laboratory testing of soils, steel, and concrete including sieve analysis, Atterberg Limit, density test, soil fill placement observation, steel tagging, tensile testing, concrete and reinforcing steel observation, and shotcrete placement observation. CB Engtneering Company, Oklahoma City, Oklahoma. Draftsman. Mrnistrv ofPublrc Works; Department ofEngineering, Kabul, ftfghanrstan. Mr. Ahmad was responsible for building structural calculations. C<ly ofPalo,4lto, Calijornia. Soils Field Technician. Responsible for soil testing and field density tests. Guadalupe River Flood Control Project, CityofSanJose, California. Soils Field Technician. Responsible for soil testing and field density tests. City ofDublin, California. Soils Field Technician. Responsible for soil testing and field density tests. .,~ ^~ HOURLY RATE Professional .................................................................................................................................... ..... $ 95 /hour Staff Professional ............................................................................................................................ ..... $ 110 /hour Senior Staff Professional ................................................................................................................ ..... $ 125 /hour Project Professional ........................................................................................................................ .....$ I35 /hour Project Manager ............................................................................................................................. ..... $ 145 /hour Senior Professional ........................................................................................................................ ......$ 155 /hour Senior Project Manager .................................................................................................................. ..... $ 165 /hour Principal Professional .................................................................................................................... ......$ I85 /hour Senior Principal\Expett Witness .................................................................................................... ...... $ 315 /hour Program Manager\Senior Consultant ............................................................................................ ..:... $ 202 /hour Senior Program Manager .............................................:................................................................. ...... $ 220 /hour ADMINISTRATNE/TECHNICAL STAFF RATES Non-Prevailing Prevailing Wage Wage Administrative\Word Processor .......................................................... ............. $ 65 /hour $ 65 /hour Technician ............................................................................................ ............ $ 70 /hour $ 75 /hour Associate Technician .......................................................................... ............. $ 75 /hour $ 75 /hour Senior Technician ............................................................................... ............. $ 85 /hour $ 75 /hour Supervisory Technician ...................................................................... ............. $ 95 /hour $ 75 /hour Draftsperson ....................................................................................... ............. $ 75 /hour $ 75 /hour CADD Operator .................................................................................. ............. $ 87 /hour $ 87 /.hour Minimum Charges For Office Time Per Day ..........................................................:..................... One Hotir at Applicable Rate Incremental Charges For Testing and Inspection ....................................................... Four Hour ' Increments '~ Applies to a/lprojessionalrates including but nor limited to civil, mechanical, chemical, electrical, geotechnicaland emdronmenral engineers; industrial hygienists; geologists; hvdrogeologrsts: hydrologists,' and computer specialist ~~ PROFESSIONAL STAFF RATES* ,Ucl~~y~~~~. r~.~rl-~~._acl~ll-c.,.~~lltac..,~sut.~.. i RATE ITEM 1. Hourly rate for Field Inspection of Concrete Work $75.00 2. Hourly rate for Shop or Field Inspection of Welding. 575.00 3. Hourly rate for inspection, sampling and thickness testing of fireproofing 575.00 4. Concrete Cylinders: Transbort. Cure. Test. Report. The set will be considered 4 cylinders. $96.00/ set 5. Anchor pull tests. $75.00 6. Office Engineering. $145.00 7. Work over 8 hours, 1.5 times hourly rate 8. Work on Saturdays. 1.5 times hourly rate 9. Travel requested outside 6(I-mile radius of project sites. $0.50/mile NOTES 1. The Hourly rate should include all main office and jobsite overhead, fees, main office costs to prepare and mail out test reports, mileage charges, etc. The District will pay of the number of hours the inspector is on the project plus agreed travel time. 2. The cylinders will be cast by the inspector paid under the rate above. This charge shall include the cost of transport the cylinder;; to the lab, cure the cylinders, properly, beak the cylinders and prepare and distribute ht proper reports. 3. The pull tests cost should include transportation, travel charges, labor costs, equipment costs and the cost to prepare and distribute the proper reports. •1 set = 4 cylinders .. OTHER COSTS The following information applies to the fee structure for this proposal: Minimum show up time .......................... Work from 0 to 8 hours ................... Work over 8 hours ........................ Work over 12 hours ...................... ......... Minimum 2-hour increments Minimum 4-hour increments 1.5 times hourly rate ................................ 2.0 times hourly rate Swing shift and graveyard shin ..................................................... 1.5 times hourly rate Saturday ......................................................................................... 1.5 times hourly rate Sunday/Holiday ............................................................................. 2.0 times hourly rate Travel time (R/T) ..................................................................................... $0.50 per mile ~- CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Sazatoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and CONSOLIDATED ENGINEERING LABORATORIES, ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: I. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on February 6, 2002, 2001, and extends through Mazch 1, 2003, or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. City of Sazatoga/Standard Contract Agreement Page 1 of 1 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of •this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by the Assistant City Manager ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate. with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carriei.indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice " , affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which-the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Don Rowley Project Manager Consolidated Engineering Laboratories 7060 Koll Center Parkway, Suite 300 Pleasanton, CA 94566 • City of Saratoga/Standard Contract Agreement Page 2 of 2 Notices to City shall be sent to: Lorie Tinfow Assistant City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and. agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each patty to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: Print Name: Position: CITY OF SARATOGA, a municipal corporation By: Name: Dave Anderson Title: Cit~ger Date: Date: City of Saratoga/Standard Contract Agreement APPROVED AS TO FORM: By: Date: City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: ,Date: Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements City of Sazatoga/Standard Contract Agreement - Page 4 of 4 EXHIBIT A SCOPE OF WORK Contractor shall perform engineering testing necessary to complete construction of Sazatoga Public Library Phase II and as directed by representatives of Gilbane Building Company. Contractor's proposal provides additional information about scope of services and is included as pages 5.1-5.4. City of Sazatoga/Standard Contract Agreement Page 5 of 5 CONSOLIDATED ENGINEERING L A B O R A T O R 1 E S Saratoga Library Phase II Saratoga, California January 15, 2002 /Proposal #1003 REINFORCED CONCRETE Scope of Services Mix Design Review We will review the proposed concrete mixes in our laboratory for conformance with the specifications. Reinforcing Steel Placement Prior to the pours, our inspector will inspect the reinforcing steel placement to determine that it is according to plans and specifications. Our inspector will check: o Size and spacing of bars; o Location and length of splices; o Clearances; o Cleanliness of bars; o Spacing tolerances; o Proper support of steel with ties.. Concrete Placement During the pours, our inspector will be on-site continuously, as required by Code, to monitor the placement. Our inspector will: * o Determine that no bars are displaced during pouring; o Observe cleanliness of steel; o Determine adequacy of placement and vibratory equipment; * o Determine proper delivery rate of concrete and monitor batch times; o Determine the correct mix is being utilized; a . Monitor slump of each truck; o Record temperature of air artd concrete; o Cast cylinders for compression tests at the specified frequency; o Perform air checks, if required by specifications, during concrete placement; o Observe anchor bolt/dowel installation operations to determine hole depth, embedment and cleanliness, as well as materials and workmanship. We will inspect to determine all dowels are installed in accordance with contract documents and/or manufacturer's requirements. Compression Testing We will transport all samples to our laboratory for compression testing in strict accordance with ASTM requirements. Compression test reports will be distributed to the appropriate parties. ~~ ^,ONSOLIDATED ENGINEERING A B O R A T O R I E S STRUCTURAL STEEL Saratoga Library Phase II Saratoga, California January 15, 2002 /Proposal #1003 Scope of Services Shop Inspection O Review of welding procedure specifications; o Material identification and mill certificate review; O Observe the utilization of certified welders and approved welding procedures; o Visual inspection of welding to determine compliance with contract documents; o Nondestructive testing of moment welds and column splices; o Confirm approximate preheat temperature; o Continuous inspection of multi-pass fillet welds, full penetration welds and reinforcing steel welding. Field Inspection 4 Observe the utilization of certified welders and approved procedures; o Confirm approximate preheat temperature; o- Nondestructive testing of moment welds and column splices; ~ o Inspect to determine and observe proper installation and tightening of high .strength bolts; r o Visual inspection of welding to determine compliance with contract I documents; o Continuous inspection of multi-pass fillet welds, full penetration welds and I reinforcing steel welding. Metal Deck/Shear Studs Intermittent visual inspection will be conducted for metal deck and shear stud welding. High-Strength Bolting As required by the Uniform Building Code, at feast two bolts per connection, or a minimum of ten percent (109 of all high-strength bolts in slip critical connections, will be tested to the required torque per ASTM guidelines. S, 2 VSOLIDATED ENGINEERING B O R A T O R 1 E B Saratoga Library Phase II Saratoga, California January 15, 2002 /Proposal #1003 EXPANSION ANCHORS Scope of Services As required, we will perform visual examination of anchor placement to determine if. anchor holes are clean, of the proper depth and diameter, and installed as specified by the manufacturer. In addition, we will perform proof load/torque testing of the expansion anchors at the percentage defined by the plans and specifications. NOTE: These estimates assume that adequate access will be provided for performing the work at maximum production, i.e., scaffolding. Should any anchor fail, additional tests will be required per plans. TIMBER Scope of Services Field Inspection Our inspection activities will include the following: a Inspect erected timber framing as required contract drawings; o Inspect all bolted connections; o inspect all timber connectors; to establish conformity of work with o Inspect roof diaphragm nailing for nail size, spacing and penetration at plywood panel edges, and special nailing at collector and drag members. J ~~ ~NSOLIDATED ENGINEERING B O q A T O R 1 E 5 PLYWOOD NAILING Saratoga Library Phase II Saratoga, California January 15, 2002 /Proposal #1003 Scope of Services Consolidated Engineering Laboratories will review the structural drawings to ascertain al shear walls which require any inspection activities. This review will be performed by our in-house engineer and will be discussed with the structural engineer of record. Detailed inspection activities will include real time coordination with the inspector on-site to ensure that all items requiring inspection are in fact inspected. Apre-framing meeting prior to concrete work should be held to determine that all players are aware of the contract document requirements. We will perform a final inspection of the installation of plywood roof diaphragms and shear walls. Our inspection activities will include the following: a Observe hold down placement prior to concrete placement; a Observe hold down type, size, position and location; a Observe nail type and size; a Observe nailing patterns including edge nailing; a Observe plywood, type, thickness and grade; a Note location of (nail) shiners; a Note location of stud/plywood edge splitting; a Inspect to determine replacement/repair of shiners/edge splits; a Observe plywood edge spacing; a Check for plywood delamination. Once nails are installed, type and size cannot be conclusively determined. • ~'.4 EXIiIBIT B . PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of TWENTY FIVE THOUSAND .dollars ($25,000 for work to be performed and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor pursuant to this Agreement. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of .this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion ofthe Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. • City of Saratoga/Standard Contract Agreement Page 6 of 6 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to famish any facility which may involve incumng any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication chazges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. M City of Sazatoga/Standard Contract Agreement Page 7 of 7 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. Z STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standazds observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepazed in a substantial, first class and workmanlike manner and conform to the standazds of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failtue to pay such taxes. City of Saratoga/Standazd Contract Agreement Page 8 of 8 City shall have no obligation whatsoever to ply or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish . identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither City of Saratoga/Standard Contract Agreement Contractor nor any member of any Contractor's family shall serve on any City boazd or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice .its profession. Contractor represents and warrants to City that Contractor shall, at its sole cos[ and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bouIId by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining adrug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. City of Saratoga/Standard Contract Agreement Page 10 of 30 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient -for audit pulposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report design responsibility" as per the sample below. Seal and Signature of Registered Professional with 1 l.' CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of perfonning this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. City of Sazatoga/Standard Contract Agreement Page 1 l of I 1 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take al] responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the perfolmance or character of the work, unforeseen difficulties, accidents, occurrences or other .causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, reasonable attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to and to the proportionate extent caused in fact by Contractor's negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision aze intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributatle actually in whole or in part, to the proportionate extent caused by Contractor's negligent performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been at fault and not in instances where Contractor is solely or partially at fault. c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similaz act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. City of Saratoga/Standazd Contract Agreement Page 12 of 12 e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully . responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfaze, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfaze, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or City of Sazatoga/Standazd Contract Agreement Page 13 of 13 seek damages including incidental, consequential and/or special damages to • the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time. without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not . arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes aze involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California.. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofaz as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. City of Sazatoga/Standard Contract Agreement ~ Page 14 of 14 . 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. WAIVER. Neither .the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. City of Saratoga/Standazd Contract Agreement Page 15 of 15 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below.. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insluance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall fiunish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage _ $ per occurrence bodily injury/$ per occurrence property damage _ Coverage for X, C, U hazazds MUST be evidenced on the Certificate of , Insurance _ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage _ $ per person/$ per accident for bodily injury _ $ per occuurence for property damage _ $ 500,000 combined single limit for bodily injury and property damage City of Saratoga/Standard Contract Agreement Page 16 of 16 . _ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. ProfessionaUErrors and Omissions Liability with coverage as indicated: _ $1.,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured E~ldorsement(s) for Commercial GeneralBusiness Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standazd cancellation clause: "...endeavor to ..." AND "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: City of Saratoga/Staadard Contract Agreemrnt page 17 of 17 As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declazed to and approved by the City. At the option of the City, either. (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII City of Sazatoga/Standard Contract Agreement Page 18 of IS a ,~ SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER: ~~G~-~-- PREPARED BY: ~~t DEPT HEAD: - SUBJECT: Annual Review of the City of Saratoga Investment Policy RECOMMENDED ACTION(S): Approve the City of Saratoga Investment Policy. REPORT SUMMARY: There is no change from the previous year's policy. Current policy requires annual approval of the City's Investment Policy. This year, the Finance Commission reviewed the Investment Policy at their January 14, 2002 meeting, and recommended forwarding the Policy on to the City Council. The Investment Policy lays the foundation for the City's investment management functions. It serves as a guide for setting and achieving investment objectives, defines rules and established benchmarks, prohibits and/or restricts investment instruments and reduces exposure to liability of both staff and City Council. Compliance with the Policy is an element of fiscal discipline considered by the City's auditor's and rating agencies during their respective reviews. Last year, at the January 17, 2001 City Council meeting, staff recommended minor changes to the Investment Policy from the previous year, and the City Council approved the Investment Policy in its current version. FISCAL IMPACTS: None 1 CONSEQUENCES OFNOT FOLLOWING RECOMMENDED ACTION(S): ~, The City would not be in compliance with State and Local regulations. ALTERNATIVE ACTION(S): Direct staff to make changes to the Investment Policy and return at the February 12, 2002 City Council meeting. FOLLOW UP ACTION(S): Issue updated Investment Policy (with new adoption date) to interested parties. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: City of Saratoga Investment Policy. U i CITY OF SARATOGA INVESTMENT POLICY LAST ADOPTED 2/6/02 1.0 Policy: It is the policy of the City of Saratoga to invest public funds in a manner which will provide the maximum security with the highest investment return while meeting the daily cash flow demands of the entity and conforming to all state and local statutes governing the investment of public funds. 2.0 Scope: This investment policy applies to all financial assets of the City of Saratoga. These funds are accounted for in the City of Saratoga's Comprehensive Annual Financial Report and include: 2.1 Fund 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 s• General Fund Special Revenue Funds Capital Improvement Funds Debt Service Funds Trust and Agency Funds Any new fund, unless specifically exempted 2.2 Exceptions: The following financial assets are excluded: 2.2.1 Deferred Compensation Plans-Investments are directed by the individual plan participants. 2.2.2 Debt Service Funds Held by Trustees-Investments are placed in accordance with bond indenture provisions. 2.2.3 Notes and Loans-Investments are authorized by separate agreements approved by City Council. 3.0 Prudence: Investments shall be made with the same judgment and care--under circumstances then prevailing--which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investments, considering the probable safety of their capital as well as the probable income to be derived. • 3.1 The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. 1 uzsioz Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 4.0 Objectives: The primary objectives, in priority order, of the City of Saratoga's investment activities shall be: 4.1 Safety: Safety of principal is the foremost objective of the investment program. Investnents of the City of Sazatoga shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objectives will be to mitigate credit risk and market risk a. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only in investment grade securities and by diversifying the investment portfolio so that potential losses on individual securities will have a minimal impact on the portfolio. b. Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to two years and the maximum maturity of any one security to five years, and by structuring the portfolio based on cash flow analysis so as to avoid the need to sell securities prior to maturity. 4.2 Liquidity: The City of Sazatoga's investment portfolio will remain sufficiently liquid to enable the City of Saratoga to meet all operating requirements which might be reasonably anticipated. 4.3 Return. on Investments: The City of Sazatoga's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City of Saratoga's investment risk constraints and the cash flow chazacteristicsof the portfolio. 5.0 Delegation of Authority: Authority to manage the City of Sazatoga's investment program is derived from the following: California Government Code Section 53600 et seq. and Sazatoga Municipal Code Section 2-20.035. Management responsibility for the investment grogram is hereby delegated to the City Manager who shall be responsible for supervising all treasury activities of the Administrative Services Director and who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, delivery vs. payment, investment accounting, wire transfer agreements, banking service contracts and collateral/depository 2 insioz J . agreements. Such procedures shall include explicit delegations of authority to persons responsible for investment transactions. No person may engage in investment transactions except as provided under the terms of this policy and the procedures established by the City Manager. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. 6.0 Ethics and Conflicts of Interest: Officers and employees involved in the investment process shall refrain from personal business activity that could conflict or appear to conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. These officers and employees involved in the investment process shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City. - Employees and investment officials shall refrain from undertaking personal investment transactions with individuals with whom business is conducted on behalfof the City of Saratoga 7.0 Authorized Financial Dealers and Institutions: The City Manager will maintain a list of financial institutions authorized to provide investment services to the City. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness and who are authorized to provide investment services in the State of California. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-I (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Manager with the following: personal interview, firm description and audited financial statements, proof of National Association of Securities Dealers (NASD) certification, proof of State of California registration, completed broker/dealer questionnaire and certification of having read and willingness to abide by the City of Saratoga's investment policy and applicable depository contracts. An annual review of the financial condition and registrations of qualified bidders will be conducted by the City Manager. A current audited financial statement is required to be on file for each financial institution , and broker/dealerwith which the City of Saratoga invests prior to any transaction. 8.0 Authorized and Suitable Investments: The City of Saratoga is empowered by Government Code Section 53601, and further limited by this investment policy, to invest in the following types of securities: 3 vzsioz v ELIGIBLE SECURITIES AND CRITERIA Type Guarantee Limits LAIF State Fund $20,000,000 U.S. Treasury Bills U.S. Treasury No limit U.S. Treasury Notes U.S. Govt. Agency issues (e.g. FNMA, GNMA) Certificates of Deposit (Calif. Banks or Savings & Loan Co.) Negotiable Certificates of Deposit U.S. Treasury No limit Federal Agencies No limit FDIC / FSLIC and collateral 20%/portfolio per institution; 30%/total portfolio Issuing Institution Investment-grade Public entity obligations of California, or its local governments or public entities Money market Fund mutual funds Passbook Savings Issuing Bank Account and Demand Deposits 20%/portfolio per institution; 30%/total portfolio 20%/portfolio per institution 10%/portfolio per institution 20%/total portfolio Minimum necessary for current cash flow Maximum Term to Maturi Demand One year 5 years 5 years 3 years 5 years 5 years Demand Demand The City shall not engage in leveraged investing, such as margin accounts, or any form of borrowing for the purpose of investing. The City shall not invest in instruments whose principal and interest could be at risk contrary to Section 4.I of this policy. Examples of these instruments are options and future contracts. • 4 irzsioz Y • The City shall not invest in "derivatives". See Glossary for description of above securities. 9.0 Collateralization: Collateralizationwill be required on certificates of deposit and other deposit-type securities. In order to anticipate market changes and provide a level of security for all funds, the collateralizationleuel will be 110% of mazket value of principal and accrued interest, in accordance with California Government Code Section 53651 and 53652. The City of Saratoga chooses to limit collateral to those listed in Section 8.0. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City of Saratoga and retained. The right of collateral substitution may be granted. 10.0 Safekeeping and Custody: All security transactions entered into by the City of Saratoga shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian, in the City of Saratoga's name and control, designated by the City Manager and evidenced by safekeeping receipts. 11.0 Diversification: The City of Saratoga will diversify its investments by security type and institution. Limits are provided for in Section 8.0. With the exception of U.S. Treasury securities and authorized pools, no more than 30% of the City of Saratoga's total investment portfolio will be invested in a single security type or 20% with a single financial institution. 12.0 Maximum Maturities: To the extent possible, the City of Saratoga will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Saratoga will not directly invest in securities maturing more than five (5) years from the date of purchase. However, the City of Saratoga may collateralize its certificates of deposits using longer-dated investments not to exceed ten (10) years to maturity. Debt reserve funds maybe invested in securities exceeding five (5) years if the maturities of such investments coincide as nearly as practicable with the expected use of the funds. . The City of Saratoga will retain a general operating reserve adopted annually by the City Council. The amount equal to or greater than the required general operating reserve shall 5 uzsioz i always be maintained in active deposits and inactive investments with a maturity of one • year or less, with at least one quarter of that amount available every three months of the year. The report discussed in Section 15.0 shall demonstrate this policy is in effect. 13.0 Internal Control The City of Sazatoga is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss; theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by the City Manager and staff. Accordingly, the City shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. The internal controls shall address the following points: • Control of collusion. • Separation of transaction authority from accounting and recordkeeping. • Custodial safekeeping. • Avoidance of physical delivery of securities. • Clear delegation of authority to subordinate staff members. • Written confirmation of transactions for investments and wire transfers. • Development of a wire transfer agreement with the lead bank and third-party custodian. 14.0 Performance Standards: The investment portfolio shall be designed with the objective of obtaining a reasonable rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. 14.1 Market Yield (Benchmark): The City's investment strategy is passive. Given this strategy, the benchmark used by the City of Saratoga to determine whether market yields are being achieved shall be the one year U.S. Treasury Bill. 15.0 Reporting: The City Manager is charged with the responsibility of including a market report on' investment activity and returns in the City of Saratoga's Cash and Investment Report. The report will be incompliance with California Government Code Section 53646. 16.0 Investment Policy Adoption: C J vzaioz . The City of Saratoga's investment policy shall be adopted by the City Council. Annually, the policy shall be reviewed by the Finance Commission and approved by the City Council. 7 vzsioz I GLOSSARY Broker Someone who brings buyers and sellers together and is compensated for his/her service. Comprehensive Annual Financial Report (CAFR) The City's annual financial statements and footnotes, along with an executive summary, financial outlook, statistical information, and other financial information. Certificates of Deposit Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable. Collateralization Process by which a borrower pledges securities, property or other deposits for the purpose of securing the repayment of a loan and/or security. Also refers to securities pledged by a bank to secure deposits of public monies. Custodian A bank or other financial institutionthat keeps custody of stock certificates and other assets. Dealer Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Delivery vs. Payment The preferred method of delivering securities, with an exchange of money for the securities. Demand Deposits A deposit of monies which are payable by the bank upon demand of the depositor. Derivative Securities that are based on, or derived from, some underlying asset, reference date, or index. FDIC Federal Depository Insurance Corporation FSLIC Federal Savings and Loans Insurance Corporation Li uidi An asset that can easily and rapidly be converted into cash without significant loss of value. Local Agency Investment Fund (LAIF) r~ 'rte 8 uzaioz i The LAIF was established by the State of California to enable treasurers to place funds in a pool for investments. There is a limitation of $30 million per agency subject to a maximum of ten (10) total transactions per month. The City uses this fund when market interest rates are declining as well as for short-term investments and liquidity. Money market mutual funds Mutual funds that invest in short term securities and strive to maintain a share price of $1. Negotiable certificates of deposit A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market). Passive Investment Strategy An approach to managing the investment portfolio which entails a "buy and hold" strategy in which investments are generally held until they mature. Portfolio Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The purpose of a portfolio is to reduce risk through diversification. Primary Dealer A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its oversight. Regional Dealer A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is registered with the Securities and Exchange Commission. Safekeeping Offers storage and protection of assets provided by an institution serving as an agent U.S. Treasury Bills Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S. Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue interest but are sold at a discount to pay face value at maturity. U.S. TreasurvNotes These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original maturities of one to ten years. Interest is paid semi-annually. U.S. Government Agency Issues Include securities which fall into this category. Issues which are unconditionallybacked by the full faith and credit of the United States, e.g. Small Business AdministrationLoans. C:MaryJo\Invest\InvPolicy 9 irzaioz t ., SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: ' `~ ORIGINATING DEPT: Administrative Services CITY MANAGER: ~--~ ~-•~~ PREPARED BY: 7°d ~~-- "~ DEPT HEAD: ~%~%~~ SUBJECT: AMENDING FEBRUARY 3, 2001 AND JULY 1, 2001, and July i, 2002, NON- MANAGEMENT SALARY SCHEDULES THAT REFLECT CORRECTIONS TO THE RECREATION PROGRAM COORDINATOR AND RECREATION SUPERVISOR POSITION RANGES RECOMMENDED ACTION(S): To adopt amendments to Resolution Nos. 01-008 and 85.9-132 that correct the salary ranges for the Recreation Supervisor and Recreation Program Coordinator positions. REPORT SUMMARY: Analysis of the salary survey data, collected early 2001, revealed an error between comparable figures (reported by the City of San Carlos) used to calculate the Recreation Program Coordinator and Recreation Supervisor salary ranges. This error resulted in the deflation of the Recreation Supervisor and the inflation of the Recreation Program Coordinator `s salary ranges. There is no financial impact to the Recreation Coordinator position because it is currently vacant. Currently, the City has two Recreation Supervisors: one who is at the top step and eligible for a retroactive adjustment and the other is in mid-range and not affected by the correction. FISCAL IMPACTS: February 3, 2001 Recreation Supervisor July 1, 2001 Recreation Supervisor Recreation Program Coordinator Sten 1 $4,51 $4,134 Sten 1 ~2~ $4,341 $.3,43 $3,304 Sten 26 ~H $5,291 Sten 26 $3~.~ $5,557 $4;4.~~ $4,229 1 :~. July 1, 2002 Sten 1 Step 26 Recreation Supervisor $¢-3$9 $4,515 $-5,-689 $5,779 Recreation Program Coordinator $~;-6-2~ $3,436 ~ $4~r33 $4,398 The City would experience aone-time expenditure of approximately$1,400 representing back PaY• Future net fiscal impact would be nil as the increase in one range is offset by the decrease in the other. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The salary ranges for the Recreation Supervisor and Recreation Program Coordinator would not be adjusted. ALTERNATIVE ACTION(S): Authorize new salary survey. FOLLOW UP ACTION(S): Adopt resolution. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENT: Resolution to adopt amendments to Resolution Nos. 01-00$ and 85.9-132. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF SARATOGA AMENDING RESOLUTION NO. O1-008 MAHING APPROPRIATE ADJUSTMENTS TO THE FISCAL YEAR 2000/2001 BUDGET AND RESOLUTION 85.9-132 AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON- MANAGEMENT EMPLOYEES WHEREAS, the Saratoga City Council on February 7, 2001, adopted Resolution No. 01-008 making appropriate adjustments to the fiscal yeaz 2000/2001 Budget including a new salary range effective February 3, 2001; and WHEREAS, the City of Sazatoga, through its designated representatives and pursuant to state law, has met and conferred with the organized employee representative association, SEA, through its designated representatives, concerning a new Memorandum of Understanding governing terms of employment, salaries, benefits and other matters; and WHEREAS, the City of Saratoga wishes to amend the salazy schedule adopted February 7, 2001, effective February 3, 2001, pursuant to the results of the salazy survey performed in early 2001 to correct the salary range of the Recreation Supervisor classification set forth in exhibit "A"• and WHEREAS, the representatives of the City of Saratoga and SEA reached an understanding regarding Non-Management Salary Ranges dated July 1, 2001; and WHEREAS, the amendment to the salary scheduled adopted Februazy 7, 2001, effective February 3, 2001, brings about the need for additional corrections to the Non-Management Salary Ranges dated July 1, 2001, and July 1, 2002, to correct the salary ranges of the Recreation Supervisor and Recreation Program Coordinator set forth.in exhibits "B" and "C". NOW, THEREFORE, BE IT RESOLVED, that the salary schedules adopted as part of Resolution No. 01-008 and Resolution No. 85.9-132 are hereby amended to correct the salary ranges of the Recreation Supervisor and Recreation Program Coordinator. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga on the 7`h of February, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Cathleen Boyer, City Clerk Streit, Mayor i N A O N W D 3 ~ ti y m w A A 9 ~ ~ 'o a ~ '~ w "0 0 0 0 ~ ~ x 'T w '~ w m w T O O W c m ~ ~ D y ~ D n D n ~' q ~p A o pj = w _ w ~Z- w ~ w ~ w ~ ic- w ~ ~ ~ ' ~ - ~ w c 3 ~. ~. ~. ~ 0 3 `~ a c n o o y' y' ~ ~' = m m ~ <°. ~ n 0 ~ 3 3 3 3 3 ~ ~O ~' fP m ~ .~ .g .~ X 3 0 5 3 ~. 4. Si w . 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O tO CT ~ W IV Ql O O W fO ~1 P o tD O A ~! N ~I (T O tT (T ~ ~ V W CT W W O W W N O O O O) V ~ V W CT W CA O ~ CT W t0 A W CA O O CT > O fp 00 O O V W CT W V A N fO (A A V W W O (T V W O O O O N CT W ~ W W W CT A W (T N W W W CT W A W W N P A CT W W W W A V1 CT A Ut CT A O A W y O V tT o 0 0 0 0 w V (T C G ~ W m IV t0 G A O v (T 0 0 V CT CD N W (A O (11 OJ ~ O W O O t0 O (T W W O `~ O W CT W N CD O O CO (A N W W O O (T V V V (F (O O N CT N A (b W W CT W O O (A CT O > W CT N N U1 (D CT N O N (b Ui W A (O ~ w (T W W W G1 A W CT CT W W W CT W A W W N A A W UI W W W A CT (T A CT (T A N A (T O O W W <T A > > O Cn V W Ol O ~ O pW CD N W fT A > > O W ~ A ? O ~ ~ tD W ~ O CO lT O O 4 J CO Ut A > > O CT V J 6~ N OJ V W A CF W T V O (T tD 6f V b re W O CT V (T O O CT W O O V N (T O) (T N O _. 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A !~!~ lR'* 0 ~y N N Qa H k ~I O N .~ N 'x O „j ~x O Q~ W 0 N (~A x z a y~ ~J H ""^~VVV M, I~ _~ V N N N ~m+ ~ q m d m m T ~ d b ~ ~ d m ~ ~ ~ ,~ ~ ~ ~ d c d ' d d N zf ' L ~ O ~ m il k G Q . g ° ~ ~ d ~ > > > ~+ g i n m 3 i ' 2 4. ' 3 - o , a o o y N • 3 b ~ m ~ ~ d d . o C m m m si 3 S si, d 5 S d, d, 3 a W D (D ~ `~ `~ `~ `~ c m to (a N d ~ Si E~i ~ w ~ > > > ~ ] o ]r n c ~ c ~ tpp t 4 ~ i W n m ~ ~ C~ ~ ~~ ~ p ~ N - N " ` C j / ~ . . d~ y N O N ~ ~ O~ J~ ~ ~ w ~ Oii p> j~ d ~ b C ~ m y ij N d m m d d m o d d m b ~ ~. m 5 ` m c ° W S ' ' 6 d ~ N 3 ~ < W~ k o d > m > > ~ ~ N co 3 ~ ~' ~' ~' ~ ~ - i ° ~ m m 5 > m > ro m - ' ro n g > o 9 > > . ro c N a g~ ~' $ ~ a ~ S d r ~ . ro ~ ~ m N d d 2 O m 'm m m ~ v ro y m d m N ~ ~ ro ro $ ~ v a i c l m ~ m ~ n 4 a 7 ~ ~ o ~ ~w o Z ~ ~- m -~~ • = ~ yD a o ~ = = =s a -- m • ro ~ ~~ m m z a m 1 w O A W W fJl `fll :^~ O p A W W U1 W A W W W A A N C T A W W A ~ V CT fT m A N A N O m A O V W ( +.) O 4 A N O V W fJ OD a) N~ A 41 GD W O ~I (s.1 ( J - + O C> IV t0 A~ O~ W Q~ fD m p~ A O O (p N fD N N N N O (T Q> O) N O A O t0 tD cD V V > V A -~ CJi m B O A V O ,.pp t .P ( 0 N O O OD A O t0 O ( W W,,t A N W V O> W t0 UI N m A N O ( V O W O w O A W W Ut `!I W N O A W W (P W A W W W A A Ut Ut A W W A O V Ut UI W - (Jl Ut N A O~ m ()1 > Oo WW A O 4 A L..1 ~ CV W ~P tD ~ I ~ C11 A ~ f0 ? O CD W W G IV ~l W O A t 0 O ~ 0 0 N O) 0 ? > W V > O ut O V W > 0 0 N rn ~ CT > O N W N N CT W O D1 N A N c0 ao O 0 Ut W O > V E CIS t O D W (O O N O~ N ? . .~ N N V W N N W V W m A W W fll W :^~ O O :A W W N W A A W W A A G~ (J~ A W W A Of V (T Qi O CT (7~ A N m Ui N t+W (J~ `~ 4 UI W Go tJ (T (O V O (J 1 > ? A l0 (T > N W W I V IJ J GJ G <T t p Q) A W V O+ O N V A W V O A O ~ Do O O W Ut O O W V t0 Vt Q) V V V O N J A v A (T V W W O O Vt W~ V W W O V A N N O V W O V W N W A T f0 W O V1 A O W A W W U1 H W W O A W W O W A A W W A A T (TI A W W A W V qt f71 D) V1 O fn O N m O> -+ Gu A (T + b UI A -~ C V A G 1 f0 ~ O ~ IV t71 ? G (T > O D ~A A ~ IV tW OD A tl~ O N ~ N m V A V A 0 Vt Vt N Ut O W W V W W W W V A A O f (T U n W 1 W W _ W t0 O N N W V O N W (T GP A V (]1 A O Vt W W N W N N O W A W W O Co V aD N -` O O ~ A A W W (T : ~ W f.11 O A W W (1 1 A A A W W A A O (lt A W W A ~ V Ut W W CT UI CP f D) A p ~ N O a) 'P IV f 0 A O f O O J O ~ IJ (T U I O Q! O A A W tJ W Oo A > ~ O fV o N O c0 A + O W V + O W O V O W O fD A N A W O O V N N > N O p N W N O W V V V A O O N m A W O V V Ai ~ O O V O W t0 t0 A Gf rn W 0 07 M O W b A W W fl1 : ~ A O O A W W N A A A W W A A T Uf A W W ~ A O V !l1 Cn W f11 (T (71 O yNy T V IV f0 A ~ N O p~ (n N t 0 A O ~ C t D ~ IJ 01 O > W IJ ( .P O C7~ ? W A c0 GI N ~ v N fP O) > W A V m (O O 4 O 1 O H V do W ~ O) W A O O V t0 ) (T O dD O W W 0) N CO p W N U O I N V O) a) O N W A Ot V tD -~ V ~ a) W N O A W O A O A GS ~ j O O~ A W W (T q A Ut 01 A. W W W A A 1+. 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O ~ C~ A V Oo N A O Ct GD N O fJ Oo A V V W m W 0 fT m m D ) T ~ ~ l 4l OJ G.1 (JI O fo t0 O V> H O O N O O O O O) W N O ~ N (T O V O O 07 O A N p t p t0 fD O VI a > ~ N V tD O V 1 W O> -+ N V t0 OD A W N A Vt W t0 t0 N V A W O D ) W O ) O W O (71 A A A O O O N Ut O O Nyy V A A W CJ1 VI , (n 01 A A W Ut A C11 A W W A P O O A W T V T O A ~ (O H + i0 O Ja ~ iD N W OD A N V .P (O F. O > V V V O IJ W A ZD !J ~ 9 d) W a) O N (O N O ~ O ~D 4 N A O f11 V O O N ~O N t0 N > A G1 N (O N V U1 O~ W Vt W A O~ V O O ~ O N O N m N N N O O J DD V V O Ut V A !] A I W O N W ~ V A A W Ut H .~ V t W A A W GT A (T A W W A A O CT A A W A O ~ V C11 ~ 01 N V t UI W w 9 > Ja - + C > <D O N tD c0 .P D) <O N > W W A CD Oo A (O A ~ V V V N N f0 A (O l.J O N N U1 (O (D O CT ) W > V W N V N b ~p N > V tp f0 Q) Vt O V W W W V A O) Vt f0 O O O V Of O [O O 0 V 1 W Cl1 V O (T p > O V D V o V O N V V W V f W 0 t0 W t0 O V N ro V A A W Of H L W V A A W Cl A $T A fJ W A A O f ~ A A W A 0 1 V ;~ ~ V C1 1 ~ ~ ~ wi W O 4 + 7 N O V ~ + N O! ip W W - ~ ~ O i f0 O v N Ol V O + N W 0 W O A V fp OJ Vi Vt ~O O ~O N C N l + N Ut O N Of V U ~ t O t ) U 0 ~ t V O V d W O ~O ~ W + .p (I W l 4 W v I W N tp W W O) G1 W O N f0 W W O ~a A W N O O W W ~D ~O W O V + O O O O O A of A b A A M a y~ N a 0 Y ~NN ~i. 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CT N O 00 O CT O N O V ~i m ~ A N O GI CT ZO V N N 01 V 0 9 > N m A O OD W V A O A O N W m O A O y A W N m O) W O A W m O (b A W O Q W W W W 01 A CT CT W W W fT W W W N A Ol (T W W W A CT m A CT W A CT A (T m Co Ot ~ + V ~ > <O 00 (T + > ~i ~I f.J fD Vt N <T > -+ CJ ~ t0 ~ t0 V -+ W V 9 .a p~ A m O CT (T V CT (b m W (T N (T (T CO A V fT A m CT > fT ~ m V V N CT N N A O A A CT W N A O A N y V O y t0 A W A O W W O N O A (T m V 9 (T W W W CT .A fn O) W W W N W W W W A Ot (71 W W W A N m A CT m A CT A CT ~ IJ O t0 O) W > t0 IV O ~ tJ N O N (O m W O N O V CT OD O fs.I m O -+ m Ol W N O (o (tt ~ W -~ O (T (D ~1 V t0 t0 A O O N OD N N ~I O CD S ~ V O ~ O O (T N O) W ~ O O N y W 0 t0 A (T A O O A A O) O O) (b O (T (n A p O W W W CT A (P O W W W CT W W W W A N N W W W A f71 CT N (11 CT A N A CT 1 IJ tp m IV IV ~ IV O t0 ~ IV N V OD A O fJ m IV ~ m IV -~ f0 Ca O GI O Q1 N V OU m > pp O ~ N v 0 pVp W O ~ N v W ~ A CAO N O V W CT N COII W A Q O ~ (071 VW ~ ~ a7 rn w w w cn ? cn rn w w w cn w w w w A Cn cn w w w A rn m cn cn rn A Cn A Cn m W t0 V IJ (J 0 fsJ tD ~l N W W OW ? O IV V W m V IJ IV O f0 O fT f0 l0 V f0 ~ Cp W O O (~ O W ~ W A (O O CT O N V O y V A O CT 0 CT W W CD V A W W W 9 W W N .P m O CD O N A O O O y 0 A V f0 N A V N > O CT y ~ 0 t0 O y O~ A W W CT A CT O~ A W W O W W W W A Vl (]I A W W A O) m (T CT O) A CP A (T ~ tJ O V N W ~ W N O V N CJ W t0 A > ~ O) W O V IV IV O t0 > ~ IJ f0 GJ O) t0 m " N 0 t0 W W m (T ~ y O W W (D (T a) fD _ O O) O W y V (O m A W 0 (T y A (D O CT Cb CO m N V W Cp y (p O) N (T N N O V A N O O) W N O O O W V W O) W ..~ (T A W W fT OI CT CT A W W W W W W W A (It fT A W W A CT V CT CT m CT (T A 41 A O ~l ~ ~ O A IJ O V ~ ~ tO (O (71 fJ W A O V ~ lJ > O N IV O A Oa O m N > W V V Cv W ~ V V O W N S CT O A V T W A (O y V O W (O A ~ W f0 O) t0 N V V (O m m CT O V O m CT O W m W m O) ~ N V A N C W A W W CT H W ~ A W W N W W W W A W Ot A W W A m V CT N O tJr CT A D) .yd <T > OJ W A ~ ?. W > C~ Gl A t0 l0 tT -+ A f0 Ja O N 4J W IV > N V W O A c0 > m N N N ~ (T O~ CD O W E CT O) W O W V O d) CA (T m > A A W A (O A O < W O W N O V W Cp W N fD O) CT N W O m W N A A (O W W W N W m y O) A W W fT ,T C)1 ~ A W W O W A W W A V1 01 A W W A 01 V (T CT CT CT N A CT ~ N CT > W W W "~ (T W > W tJ (11 f0 O (T IJ A t0 U1 CJ W A. IV N OD W O O1 m > y W E m W V A O ~ W W N W ~ ~ ~ y ~ V m m A W O i O ( T p j O f T v ? W W i V C fI O ( T O O J ? T C N W (T A CJ W CT N CT O) A W W CT A A W W A W N A W W A O) ~I fT W m CT O1 O1 ~ ~yi ~ N OJ ~ (71 "'~ 01 A IJ OC ~ Ot O O m N ? O fT -~ Cb ~ ~P GI N 4f CV A W O N m N A CT O w V Cti 0 CT O m V O V W W m W V (T (b W W O) A CT CT A O ~ W 9 W O O m ~ O O t0 O y V (T W OI O m y N m m > m V V O O O O x (T A W W (71 N N (T A W W CT A A W W A O) CT A W W A m V CT CT O] CT W CT O) IV t0 A ~ N Q) tT IV O A m O > ~ IJ tT O W IV t0 ? A A fd 3+ t0 tT > CT O N m N ~ W W W W W W ~ W W y W w O W C+ (O W 0 i ~ W y C 0 C ll v W W W W ( T O W O W W i U ~ N .~ O) A W W CT `T CJ1 m A W W fT A A W W A CT U1 A W W A O) V fT CT (T CT CT CT CT -yi ~l N 0 A ~ N ~ (.T N CO A Ol O ~I W (ll ~ O) fJ t0 A (T A. A A f0 (T IV ~ tsW m N O y J V W W m y V V y A O A m ~ N ~ W C T C O '~ N O D ( ll V v f 0 C O N O O W C 0 C I1 v v ~ ~ A O D N A O) A A w CT N O (T A A W CT A A w W A 01 fT A A W A m V CT T W CT CT CT y m N [O W O (T N A O~ ~l W O tT ZU -~ IV ~l f.W C> ~ N W O fT ~ m <T (T > V W Q1 !J ~ v V W N rn A W ` N ~ CT W ~ 0 N CT O) V A W > m CT > O W O A N W > CT > CT V N W N CT O > O N W (T (T W (7f V ~ W F~ - A W N CT A O W N A A A M ~} ~.y~ ~M C~ y W eOL m N Q ^~ ~ ~J 1~t H M V N 0 x ^~ ~1M/ h~l z H ^~^ M, /~' N A O N O O W D ~ t o m y 4 m obi m m m o ~i 0 0 0 y 2 • n T 'n ~1 (7 ( ~ [v W ~ ~ D ~ D D ~ A fa '° f6 f D ~1 m m O m J ~~~~ ~ ~ ~, ~ ~i 9 n N C 3 ~. 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REPORT SUMMARY: Background: In the agreement between the City Council and the Saratoga Community Access Cable Television Foundation (SCACTF) dated May 1977, .$15,530 was to be allocated for an Emergency Broadcast System (EBS). If it was determined that the EBS was not needed, those funds would be released to SCACTF for unrestricted use. That same year, proposals for an EBS were presented to the Council and were placed on hold pending FCC regulations regarding EBS requirements. Discussion• Research into the FCC regulations concerning the Emergency Alert System (renamed from EBS in 1994) indicate that the cable television provider such as AT&T, is required to provide a EAS decoder and the ability to pass through emergency audio and voice signal from authorized national or state sources on all broadcast channels. This includes KSAR 15. Therefore, there is no FCC requirement, for the city to provide separate equipment for this purpose for the city's public access channel. After the terrorist incident on September 11, 2001, West Valley College closed its campus for security reasons. Therefore, the Bulletin Board service was unavailable for use during this time. In recognition of this issue, KSAR Board authorized the expenditure of no more than $5,000 for equipment that could be operated from the Saratoga Theater as a backup unit with the ability to run off of emergency power. This system was installed and tested over the holiday season in December 2001. The City of Saratoga now has a means of providing a Bulletin Board system to provide emergency information to its residents if the primary system at West Valley. College were to become inaccessible or fail. The KSAR Board, having fulfilled its obligation to the City to provide an alternate means of communicating emergency information to our citizens, and in the absence of an obligation to provide an EAS decoder under FCC regulations, requests the release of the remaining funds obligated for this purpose. ' FISCAL IMPACTS: Funds were set aside from the cable restitution fund in the amount of $15,500 for an EBS system in May 1997. $2,868.41 of this set-aside was spent on installing cameras in the Senior Care Center. The amount spent on the backup Bulletin Board system at the theatre was $3,973. The remaining set-aside balance is $8,688.59. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): If the City Council chooses to not release the set-aside funding, the obligation will remain as a charge against the KSAR fund balance. ALTERNATIVE ACTION(S): FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: L.J 2of3 ._ „ U r~ ~~ SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: t~ ORIGINATING DEPT: Pub))li~~c ~W~~orks CITY MANAGER: ~~~ PREPARED BY: C.~/t DEPT HEAD: _~J ' SUBJECT: Motor Vehicle (MV) Resolution Restricting Parking along a portion of Shadow Oaks Way RECOMMENDED ACTION: Move to adopt Motor Vehicle Resolution prohibiting parking and stopping along the frontages of 14011 Shadow Oaks Way (APN 397-16-040) and 14010 Shadow Oaks Way (APN 397-16-039) during the hours of 7:00 A.M. to 9:00 A.M. and 2:00 P.M. to 4:00 P.M., Monday thnx Friday. The Public Safety Commission is recommending that parking and stopping along the frontages of 14011 and 14010 Shadow Oaks Way be prohibited during the times stated above: These restrictions are intended to reduce the negative impacts that these property owners are currently experiencing from vehicles dropping off and picking up Redwood School students via the School's pathway that intersects Shadow Oaks Way. REPORT SUMMARY: The owners of the above-mentioned properties have requested that these parking and stopping. restrictions be implemented, which were subsequently approved by the Public Safety Commission. FISCAL IMPACTS: Approximately $500.00 in labor and materials for the City to install the signs. Funds for this expense would come from the Traffic Control Budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and the parking would remain as is. i ALTERNATIVE ACTION(S): Send the issue back to the Public Safety Commission for further review. FOLLOW UP ACTION(S): The signs will be installed and the Sheriff's Department will be notified of the new restrictions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution prohibiting parking and stopping along a portion of Shadow Oaks Way. 2. Vicinity Map. 2 of 2 RESOLUTION NO. MV- RESOLUTION RESTRICTING PARKING ON A PORTION OF SARATOGA AVENUE The City Council of the City of. Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following designated portion of Shadow Oaks Way in the City of Saratoga shall restrict parking and stopping of vehicles: NAME OF STREET DESCRIPTION PARKING LIMIT Shadow Oaks Way Along the property No Parking or frontages of APN Stopping Monday 397-16-039 and APN thru Friday during 397-16-040. the hours of 7 AM to 9AMand2PMto 4 PM. This resolution shall become effective at such time as the signs and/or markings installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 6th day of February, 2002, by the following vote: AYES: NOES: ABSENT: ATTEST: Nick Streit, Mayor Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: ' ORIGINATING DEPT: City Manager's Office CITY MAN(A~GER~: , ~"-~~f~- PREPARED BY: Lorie Tinfow DEPT HEAD:\~~ Kt ~U~'~ SUBJECT: Authorize Increase in Williams Scotsman Inc. Contingency Funds Available RECOMMENDED ACTION(S): 1. Authorize City Manager to increase the existing City agreement with Williams Scotsman in the amount of $7200 for services needed to provide electricity for the temporary library. REPORT SUMMARY: In June 2001, Council awarded a contract to Williams Scotsman to provide modular units to be used as a temporary library and to perform some site work needed to be ready for the public. At that time, Staff requested a contingency of $25,000 for construction work and have used most of that amount. The unanticipated need for a generator and fuel to provide power for roughly 2 months while PG&E processed our application for temporary service exceeded the authorized funds. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget in CIP No. 0103 Library Expansion - Account No. 4010 Contract Services. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The temporary library would not have been able to serve the public until Thanksgiving 2001. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): None. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. ;~ :: SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 ORIGINATING DEPT: Public Works AGENDA ITEM: CITY MANAGER: O~~ PREPARED BY: DEPT HEAD: 5,,~^^ CY SUBJECT: Congress Springs Park Improvements -Donation Update RECOMMENDED ACTION(S): 1. Approve Resolution amending the Fiscal Year 2001-2002 Budget. 2. Approve proposals from Ace Fence and Gate in the total amount of $19,040 for backstop improvements for Congress Springs Park . REPORT SUMMARY: To date the Saratoga Youth Sports Fund has received a total of $192,860 ($282,860 if $90K loan is included). Following is a breakdown of the donations to date: Donation Summary 1. $60,000 (Pony League) 2. $36,000 (AYSO) 3. $156,700 (Saratoga Little League, includes $90k loan) 4. $7,000 (Sazatoga Rotary) 5. $23,160 (Public) $282,860 Originally, the Congress Springs Park Project was allocated $600,000 from the Park Development Fund. The budget was increased, to 1.4 million dollars by the City Council when the construction contracted was awarded in June of last yeaz. Currently, the project costs total $1,741,439 (includes $37,000 for parking lot improvements performed by Duran & Venables). Council has approved the additional project costs via budget resolutions since the award of the construction contract. Attached is a budget resolution, which if approved, transfers $30,000 from the Saratoga Youth Sports Fund. This will fund the proposals from Ace Fence and Gate (who is perfornung an n^\ unfulfilled change order with Perma Green Landscaping), the purchase of the majority of the donation bricks, and go towazds various general improvements to the Pazk. The amount allocated from the Saratoga Youth Sports Fund to the Congress Springs Park Project equals $190,600 (includes attached $30,000 budget resolution). This leaves a balance of $2,360 in the Saratoga Youth Sports Fund, which will be agendized for consideration at a future meeting along with additional donations if received. FISCAL IMPACTS: Depends on the City Council's actions. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The donation transfers to the operating budget would not be approved and the funds would remain in the Saratoga Youth Sport Fund. ALTERNATIVE ACTION(S): None in addition to the above. i FOLLOW UP ACTION(S): The contractor will be given approval to move forwazd and the donation brick will be ordered. ADVERTISING, NOTICING ANA PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution amending the Fiscal Yeaz 2001-2002 Budget. 2. Proposals. 2 of 2 1 ~ RESOLUTION NO. Ol- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2001-2002 BUDGET FOR AN APPROPRIATION OF $30,000 CONSTRUCTION SERVICES AT CONGRESS SPRINGS PARK WHEREAS, the Saratoga Youth Sports Fund has donatioris in 'the amount of $30,000 for amenities and improvements at Congress Springs Pazk, WHEREAS; the City Council desires to complete improvements to Congress Springs Pazk in the amount of $30,000 and; NOW, THEREFORE, to adjust the City of Saratoga's Fiscal Year 2001-2002 budget for the appropriation of $30,000 for this project according to the following entries: Increase Decrease 310-9010-622-40.10 0002 General Contracts/Congress Springs Pazk. $30,000 001-1040-473-05.00 Saratoga Youth Sports Fund $30,000 The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 6th day of February 2002 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 Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk JMIY. LC. GGGC 7•CCMI'I JqN-22-02 10:28 AM Y1b1VIYJ 11YUUJIKlt7 4/Jti 77J bCLJ IYV. Jlb Propasai t :C: ~ 1 tromt Ate Fence A Gau p,0. Bo; 26147 Stnlota CA 9S1lp•Bt47 d06.36}•1lS8 B}t•b36.8S61 Prd~osal Ne.r 5i-set Na: Dahe ~ ~ z ~ ~~~ Propoael Submitted 1b Work to be teptormed at l ~:N~`4.~1-e~~~~,~f~e~'~~ - Street. ~~'`~ ~~'~~~• gdl8tau Date of a: Telephone Numbers ,rtt C~.,.~,•.,+.,, r.. _.. atac~.t•r-~ propose to turntsh all materlafe aad perlbrM ali the labor necessary for the completion oh excluder Temp. Fence, removal, clearing/grubbin staking, undergro`nd ~'x grading, ~ ~ ~~ ~~ ~~ ~~~ + ~~ ~~~ ~~ ,:,~ ,cam-~-' ~~ ~~ ~_.__~~;""la~ ~~ssc~c ~:~~ ~'~ ..: Ail muetiel is Buaranteed to ba es specified and the above work to tx performed In aecordsnca with the drawlnyt sn6 specil'icationr tubmlaed for abase work and completed In a subtuntlA worknsn;ike manner tar the``sum oC ~-' Wid payments to be made as t'oltow3; ~rta~CC~3j~v~~ ~`C~ l:bllars (S `~ { t ~.7~-~ • f An; apention of deviation from the above apecidcitlont lnvolYin6 extra costs, will ba executed only upon Kntten oven, and wilt become an ex:n chacBe aver and above the astlmata All aareemems condnBent upon talker, accidenu or delays bay our eontral, Owmer to carry fire, tornado and other necessary Insurdnee upon abovo work, Wolkmen`a Compersttion and Public Liability insurance on above cork to 6e talon out by: NOttCa 1'0 pWNea (tNWe 701PCantta:txe UreAN tar) Cntvlh ta:nw: a Urn tw. eey eenneeeCls e~kxuaemr, p6orfa nWnfofnanor pdrryrnCn ve.!atN r inge+r rruCpeyMy W it nog iYa kr Mr (rNon ahfm a nwMN, kC s Wahl w edaw ftYiMrJ+lnnikrO~M uw+lKq., you meyproael yeaearagtna r:cn mdme e, neh,knxeaolnmerKUt won .waa layrownlalb ee n41W aMawt t" Ne reCk urllnpeoveArm era nx00eedae IhenOr. OirpMaarpr Caruylwalelyddlsta.fKv wMw IM pnepeny 4anlwdak rquldpdwa neeereryNS~ bedta rreodtdin earn olltra. Sad coed ehea lw In en emouel paMe den Mbplamtl041oleleeesreertrlaand even, ro addiuen los+o eenadonrMpl~pMCrnwn elnewxta k :etlldotk ra die -lymeln la Nn erdN CWAI{ erW pereene fmAiehfnafeba, W/eJr, prgme!! a nYwltll hx YM IrOra M~dkd to eaN contact Nett RwpectNll?• wbmined Per Seth License No+ 1,t(t ~,a tlelo Sdye Ace Fence d Gin 74{S70 a~l ~'J'~ ACC~PTAKCE OFPROP08AL t11e afro+r pfl:«. cprf+nwSlone and CAndi:iane On Nti,riclJly and W nefeey a:Crpfed. Ya1 N aufheNeed ro do Iha raL a rpe:itled, hyanent rill ba nyde as pupined Wpoe. ACClpled Y.-.,---.r.-,.-.•.--rte Sldnacua .....~..~. J h11Y. GG. GGGG 9•GJMI'1 V1JI VIY.-J ll'IUVJI KILJ 4UD 77J OGGD IYV. D10 r; ~~~ JAN-22-62 10:51 AM t u Ate Fence ~ t7ue l?0.8oa281d7 San Jorel CA 9S t 39.6147 108.363•i33i A~1.636•i36t i Propoatd 9ubmltted'tb Work to be Padaetned +lt TeNpfions Number: C~t'g~. ~~~ ,~.,~ \Z ~ .- - -•.'..- WaMreby proytose t0 Nrntsh atl triaterlttla and perlbtm dl the labor neceewry for the completion ors Temp. Fence, removal, clear ng/grubb#,ng, gxadinq, staking, undergroundt~u Alt malerlsl 1s Buuanteed to be rs specified and A!e abo+e work to be performed in accordance with the drawlnBs and spceil~catia~ wbmltted (or abos a work end t:nmpleted In a substansial workryanlikc manner for rfie rum o(: Wltfi payments to ~ mach as (ollowsl y 3ND, `~ Any aheredon of deviation from the above specitfeatlont Invo;vinb extra costs, will be e><ecuted only upon written I beoome fn extra charbe over and above the estimate. All agreemenu eonQnQent upon strikes, accidents or deiaya be Owner toeany t'irel tornado and other necessary Insurance upon above work, Workmcn'a Compersa:ion end Public Inwrance on above woek to betaken out by: Rapecttully submitted n4n{,Nlonrommnn,9n{sIKA BlattLlccnaeNw >venau a ~ nlgnraGOn 15fROL ~sq is llWlt[d Nd n~IMna tIY~ I Act Fend 8 Gate ACCEPTANCE Op PROp0.4At 1k 1ta•e pA:es. spt:iAenrieAl and tonditians Ore ptisfaaoq -nd W Mnbr a:eplel. You me ~ulhodte0 so do Iru work u spe:invd, hyrmnl wN) 0. nlodr as erlllntdlbn~e. AcrlgW _...._..«.... 91{noun - - -•~.•-- ~; SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: 1 ORIGINATING DE~PT(:1Public Works CITY MANAGER: ~---~~ PREPARED BY: ___ yt?Irun ~~~ DEPT HEAD: ~.J SUBJECT: Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of the District for FY 02-03. RECOMMENDED ACTION(S): 1. Move to adopt the Resolution describing improvements and directing preparation of the Engineer's Report. 2. Move to adopt the Resolution appointing the Attorney's for the District. REPORT SUMMARY: Attached are two Resolutions the City Council must adopt to initiate the annual process of renewing the Landscaping & Lighting Assessment District LLA-1 for the upcoming fiscal year beginning on July 1. A brief summary of each Resolution is as follows: Resolution describing improvements and directing preparation of the Engineer's Report -This is the Resolution required under Streets & Highways Code Section 22622 to initiate the annual renewal process for the existing assessment district for the ensuing fiscal year. The Resolution references the proposed improvements to be provided by the district (Exhibit A), and directs the preparation of the Engineer's Report required under S&H Code Section 22565. 2. Resolution appointing Attorneys -This Resolution appoints the City Attorney's office as the attorneys for the District throughout the renewal process, and limits their fees in connection with this work to $500. Again this year, the provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997, will be implemented during the renewal-process. Procedurally this means that assessment ballots will be mailed to those property owners within the District whose initial proposed assessments are either 1) higher than in any previous year and who have not previously voted on their assessments, or 2) higher than what was authorized via balloting conducted in a ~J previous year. As in previous years, ballots will be, separately tabulated at the close of the Protest Hearing for each Zone that maybe voting. Only those ballots returned by the close of the Protest Hearing will count towards determining whether a majority protest exists. The following sets forth the tentative schedule for renewing the District for FY 02-03: February 6 - Council adopts Resolutions directing preparation of Engineer's Report and appointing Attorneys. April 17 - Council receives Engineer's Report. Council adopts Resolution of Intention preliminarily approving Engineer's Report and assessments and setting date and time for Protest Hearing. Apri122 - Notices witli Proposition 218 ballots mailed to property owners, if required. May 1 - Notice of Protest Hearing published in Saratoga News. May.8 - Notice of Protest Hearing published in Saratoga News. June 5 - Council conducts Protest Hearing per Gov't. Code Sec. 53753. Ballots aze tabulated at the close of the Hearing. If appropriate, Council adopts Resolution confirming assessments for FY 02-03. June 19 - Backup date if needed. August 10 - Deadline for Engineer to transmit Assessment Roll to County Auditor. FISCAL IMPACTS: The costs associated with administering the Landscaping & Lighting Assessment District are recovered via the assessments levied against the properties, which receive special benefit from the services provided through the District. A detailed analysis of the proposed financing for the District in FY 02-03 will be provided in the Engineer's Report. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): One or both of the Resolutions would not be adopted. This would delay initiating the process to renew the District for FY 02-03. r 1 U • ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Work on the Engineer's Report will begin. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property owners as required by law. Additionally, notices will be published in the Saratoga News as required. ATTACHMENTS: 1. Resolution describing improvements and directing preparation of the Engineer's Report. 2. Resolution appointing Attorneys. RESOLUTION NO. A RESOLUTION APPOINTING ATTORNEYS FOR FISCAL YEAR 2002-2003 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, the City Council has determined to undertake proceedings for the levy and collection of assessments upon the parcels of land in the City of Saratoga Landscaping and Lighting Assessment District LLA-1 pursuant to the Landscaping and Lighting Act of 1972 for the construction or installation of improvements, including the maintenance or servicing, or both, thereof for the fiscal year 2002-2003; and WHEREAS, the public interest and general welfare will be served by appointing and employing attorneys for the preparation and conduct of said proceedings; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the law firm of Shute, Mihaly & Weinberger be, and it is hereby appointed a and employed to do and perform all legal services required in the conduct of said proceedings, and that its compensation be, and it hereby is fixed at not to exceed $500.00. *****+* Passed and adopted by the City Council of the City of Saratoga, California at a meeting thereof held on the day of , 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Attest: City Clerk RESOLUTION NO. A RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2002-2003 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: 1. The City Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of Califomia, conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting Assessment District LLA-1 and for the levy and collection of assessments for fiscal year 1980 - 1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950- D, aResolution Overruling Protests and Ordering the Forrnation of an Assessment District and the Improvements and Confirming the Diagram and Assessments; 2. The public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the several lots or parcels of land in said District, for the construction or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 2002-2003. 3. The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 4. The costs and expenses of said improvements, including the maintenance or servicing, or both, thereof, aze to be made chazgeable upon said District, the exterior boundaries of which District are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made for further particulazs. Said map indicates by a boundary line the extent of the territory included in said District and of any zone thereof and shall govern for all details as to the extent of the assessment district. 5. The Engineer of said City be, and is hereby, directed to prepare and file with said Clerk a report, in writing, referring to the assessment district by its distinctive designation, specifying the fiscal year to which the report applies, and, with respect to that year, presenting the following: a) plans and specification of the existing improvements and for proposed new improvements, if any, to be made within the assessment district or within any zone thereof; b) an estimate of the costs of said proposed new improvements, if any, to be made, the costs of maintenance or servicing, or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; c) a diagram showing the exterior boundaries of the assessment district and of any zones within said district and the lines and dimensions of each lot or parcel of land within the district as such lot or parcel of land is shown on the County Assessor's map for the fiscal year to which the report applies, each of which lots or pazcels of land shall be identified by a distinctive number or letter on said diagram; and d) a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, and of any existing improvements upon the several lots or parcels of land in said district in proportion to the estimated particulaz and distinct benefits to be received by each of such lots or pazcels of land, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto. 6. The Office of the Public Works Director of said City be, and is hereby, designated as the office to answer inquiries regazding any protest proceedings to be had herein, and maybe contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Sazatoga, California 95070 or by calling (408) 868-1241. ~*****+* Passed and adopted by the City Council of the City of Sazatoga, California, at a meeting thereof held on the _ day of , 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: • ~~ Mayor Attest: City Clerk Exhibit A The design, oonsnuction or installation, including the maintenance or servicing, or both, thereof; of landscaping, induding ties, shrubs, grass. or other ornamental vegetation, statuary, fountains and other ornamental struawes and fadlities, and public lightitg fadiities for the lighrirrg of.any public paces, including traffic signals,.-ornamenial.standards. luminaires, poles, sapports, tunnels, manholes, vaults, conduiu. pipcs, wires.,conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches. capadtozs, meters, communication circuits, appliances, attachments and appurtenances,~induding the cost of repair, removal or replacement of all or arty pan: thereof; pzoviding'for the Iife, growth, health and beauty of landscaping, including'cvitivation, irrigation, trimmirtg, spraying, fertilizing and treating for disease or injury; the removal of triauairtgs, rubbish, debris and other solid v<~stt; electric current or energy; gas or other illuminating agent for any public lighting fadlities or for the lighting or operation of any other improvemcnts; and the operation of arty fountains.or:the mairttenatice of arty other improvemenu. Supplement to Exhibit A ` City of Saratoga Landscaping and Lighting Assessment District LLA-1 Special Benefits provided to each Zone Zone 1 - (Manor Drive Landscape District)- Provides for landscape maintenance of the Manor Drive medians and Saratoga-Sunnyvale Road frontage along Tract 3822. Zone 2 - (Fredericksburg Landscape District) -Provides for landscape maintenance along the Cox Avenue frontage of Tracts 3777, 4041, and 4042. Zone 3 - (Greenbriar Landscape District) -Provides for landscape maintenance of the Seagull Way entrance to Tract 4628, 4725 and 4726, and of the common areas along Goleta Avenue and Guava Court. Zone 4 - (Quito Lighting District) -Provides for streetlighting and landscape maintenance in the EI Quito Park residential neighborhoods; Tracts 669, 708, 748, 6785, 7833, and 8700. Zone 5 - (Azule Lighting District) -Provides for streetlighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1 111 and 1800. Zone 6 - (Sarahills Lighting District) -Provides for streetlighting in the Sarahills residential neighborhood; Tracts 3392 and 3439. Zone 7 - (Village Residential Lighting District) -Provides for streetlighting in four separate residential neighborhoods surrounding Saratoga Village. Includes all or a portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2, McCartysville, Saratoga Park, Williams and Tracts 270, 336, 416, 2399, 2502, 4477, 5350, 5377, 5503, 5676, 6419 and 6731. Zone 9 - (McCartysville Landscape District) -Provides for landscape maintenance along the Saratoga-Sunnyvale Road frontage of Tract 5944. Zone 10 - (Tricia Woods Landscape District) -Provides for landscape maintenance along the Saratoga-Sunnyvale Road frontage of Tracts 6199, 7495 and 7928. Shared with Zone 27. Zone 1 1 - (Arroyo de Saratoga Landscape District) -Provides for landscape maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835, 2844, 3036 and 4344. J Zone 12 - (Leutar'1?ourt'Candscape District) -Provides for landscape maintenance of the Leutar Court frontage in Tract 6996. Zone 1 5 - (Bonnet Way Landscape District)°-Provides for •monthly landscape maintenance along Bonnet Way; Tract 5462: Zone 16 - (Beauchamps Landscape District) -Provides for landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision; Tract 7763. Zone 17 - {Sunland Park .Landscape District) -Provides for landscape maintenance along the Quito Road frontage of Tracts 976 and 977. Zone 22 - (Prides Crossing Landscape District) -Provides for periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Titus . Avenue and along Cox Avenue between the Route 85 overcrossing and Saratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938 and 1996). Zone 24 - (Village Commercial Landscape and Lighting District) -Provides for routine maintenance of Village Parking Districts 1-4, Big Basin Way landscaping and street lighting. , Zone 25 - (Saratoga Legends Landscape District) -Provides for landscape maintenance along the Saratoga-Sunnyvale Road frontage, and pedestrian pathways within Tract 8896. Zone 26 - (Bellgrove Landscape and Lighting District) -Provides for common area landscape maintenance and lighting associated with Tract 8700. Zone 27 - (Cunningham Place/Glasgow Court Landscape District) -See description for Zone 10. Zone 28 - (Kerwin Ranch Landscape District) -Provides for landscape maintenance along the Fruitvale and Saratoga Aves. Frontages of Tracts 8559 and 8560. Zone 29 -(Tollgate Landscape and Lighting District) -Provides for maintenance of the common area landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946 and 5001. Zone 31 - (Horseshoe Drive Landscape District) -Provides for the installation and maintenance of landscaping and gateway frontage .improvements along the north side of Saratoga-Los Gatos Road between the adjacent intersections of Horseshoe Drive: The benefiting properties are those within Tracts 247 and 6722, and all other properties within the Horseshoe Drive neighborhood which are accessed directly or indirectly Via Horseshoe Drive: • i { SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. ~ AGENDA ITEM MEETING DATE: February 6, 2002 CITY MANAGER: ~~~ ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: West Valley College Use Permit Status Report RECOMMENDED ACTION: Accept report. REPORT: At the City Council meeting of January 16, 2002 a member of the public requested that the City report on the history and status of West Valley College use permit and related litigation. The City Council directed staff to prepare a report on those issues. This report first provides background on the issuance and administration of the West Valley College use permit. This is followed by a discussion of the ongoing litigation. West Valley College Use Permit The West Valley-Mission Community College District operates two campuses. Because the West Valley campus site is .(and was at the time it was proposed) in the midst of a number of established neighborhoods, the potential for noise, traffic, and light and glare impacts from a stadium were a concern to the community from the outset. After considerable public controversy when the campus was first proposed, the District modified the campus proposal to exclude an outdoor sports stadium. This limitation was reflected in the use permit granted by the City in 1967. As the campus was developed in the 1970s, a large bowl was excavated as if a stadium were to be constructed. Investigation by the surrounding neighbors and the City revealed two sets of construction plans, one of which showed a major stadium. Litigation ensued with judgment being entered against the District. In 1976 the District requested a use permit amendment to allow development of a stadium. The amendment was denied. In 1977, the Saratoga electorate qualified an initiative measure prohibiting stadiums in all zoning districts. The measure was adopted by a unanimous vote of the Saratoga City Council in lieu of being submitted to the voters. In 1979, the District, the neighbors and the City engaged in negotiations concerning use of the various athletic facilities on campus. These negotiations resulted in a proposal by the District to add the following condifion to its use permit: The District will not develop any new outdoor intercollegiate sports facilities with permanent sound system or permanent seating or permanent lights on the Saratoga campus. No sports stadium will be built on the campus. No existing outdoor facility or area of the campus will be modified to include lights,. sound, seats or other accommodations for intercollegiate sports or other spectator events. The District also agreed to be bound by this amendment regardless of any further changes to the use permit. The permit stated: Should any or all of the other provisions of this use permit (other than condition #7) be declared null, void, or invalid, then this section (condition #7) shall remain as a separate binding agreement between the City of Saratoga and West Valley Joint Community College District with regard to the use of the land on which the Saratoga campus is located. These provisions were adopted by the City without objection by the District. In the 1990s, the College began hosting spectator-oriented events at the site of the proposed stadium. Between 1996 and 1998, the District formalized its stadium proposal by purporting to act pursuant to Government Code section 53094 to exempt the stadium and the remainder of the West Valley campus from the requirements of the Saratoga City Code. Specifically, the Board of Trustees declared its intention to: ...render inapplicable to the development and use of the facilities of the College (except for "nonclassroom facilities") used for the purposes of student instruction and related incidental uses ...all existing municipal or county zoning ordinances or codes and any permits or petitions arising therefrom made by the City of Saratoga or the County of Santa Clara. (District Resolution 9609191 as amended and restated.) The City has earlier prepared a compilation of key documents pertaining to the use permit. A letter summarizing those documents.. is attached for your information. Copies of the documents listed in the letter are available from Ann Sullivan in the City . Manager's office. The Litigation In response to the District's attempt to exempt itself from the City's zoning ordinance and all permits issued pursuant to the zoning ordinance, the City filed suit against the District in 1996 alleging that (1) the District was bound by its agreement with the City to not develop a stadium and (2) Government Code section 53094 did not authorize the District to exempt the stadium from the City's zoning. or to adopt a blanket exemption from the use permit and City zoning ordinance for all activities on the campus. The Superior Court ruled in favor of the District on both issues. The City has appealed and argument before the Court of Appeals is scheduled for March 5, 2002. As to the first issue, the District has argued that its agreement with the City should not be viewed as a contract because it was contained within a use permit. The District has stated that the agreement language proposed by the District and included in the permit at the District's request was "nothing more than a gratuitous attempt at diplomacy between the district and its neighbors." Because it was nothing more than a diplomatic overture, the District has argued, the District cannot be bound by the language of the agreement. As to the second issue, the relevant portion of the Government Code section pursuant to which the District has purported to act, provides as follows: ...the governing board of a school district, by vote oftwo-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by such school district except when the proposed use of the property by such school district is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, automotive storage and repair buildings." (Government Code § 53094, emphasis added.) The City is of the view that (1) the stadium is a "nonclassroom facility" and is therefore not eligible for the exemption and (2) the District may not adopt a single resolution exempting all uses on campus (except those that the District determines are nonclassroom uses) from the City's zoning ordinance because the statute requires a separate 2/3 vote of the Trustees for each use that the District seeks to exempt from City zoning. The District argues that the stadium is a classroom facility and that it has the authority to adopt a single resolution exempting all classroom facilities from all City and County regulations. • These legal issues will be considered by the Court of Appeal. 3 FISCAL IMPACTS: N/A. ADE~ERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. FOLLOW UP ACTIONS: Implement Council direction. • • 4 13777 FRUITVAI,I: AVPN'[I}; m SARALOGA, CALIFORNIA ~J5070 •.(408) SIiB-1200 Incorporated October 22, 1'35G May 4, 2001 Assembly Woman Rebecca Cohn 24"' Assembly District State Capitol Building Room 2137 Sacramento, CA 95814 Dear Assembly Woman Cohn, col.~N<;n, rr~tYlBras: Evan Baker S!an Bogo,iar. John lvfehaliey - Nick Siraii Fl~9,o U/al?onsmrt`i Thank you for your continued attention to the issues associated with the City's efforts to ensure that public agencies in Saratoga abide by the City's-land use policies and their agreements regarding those policies: .This letter responds to your request for documents pertaining to the ongoing conflict between the City of Saratoga ("City") and the West Valley-Mission Community College District («~rC»), The enclosed materials document WVC's agreement with the City to . abide by local zoning and planning for the West Valley campus. Specifically, WVC agreed to the terms and conditions contained in the initial conditional use permit issued by the City for the West Valley campus, and subsequently agreed to . modifications of the use permit. In addition, WVC agreed that the stadium limitations in the conditional use permit would continue to apply even if the remainder of the use permit was found not to apply. Nevertheless, WVC later. breached its agreement with the City and attempted to exempt the West Valley- campus from all local zoning and planning requirements including the conditional use permit requirement prohibiting a stadium. ~ Enclosed please find the following documents: I ,, l;: West Valley Joint Community College District Governing Board ~ Minutes, January 5, 1967 (discussing meetings. with City to work out I use permit conditions). nteA on recyGed nao°r. 2. Exhibit A to West Valley Joint Community College District Governing Board Minutes, January 5, 1967 (detailing conditions agreed acceptable both parties}. 3. City of Saratoga Resolution No. UP-119-1, January 9, 1967 (approving use permit with conditions). 4, City of Saratoga Planning Commission Staff Report re UP-119, January 9, 1967 (detailing conditions included in use permit). 5. West Valley Joint Community College District's Application To Amend UP-119, March 15, 1976 (requesting amendment to use permit to allow construction of lights, bleachers and appurtenances). 6. City of Saratoga Planning Commission Resolution No. UP-.119-A-1, April 14, 1976 (denying application to amend UP-119). 7. Letter from James P. Hardy, Superintendent of West Valley Joint Community College District, December 7, 1976 (enclosing Board resolution exempting West Valley campus from local zoning}. 8. Fetter from James P. Hardy, Superintendent of West Valley Joint Community College District, February, 5 1979 (stating that Board had. . adopted a proposed revision to Condition 7 of Use Permit No. UP-119- 1) 9. City of Saratoga Planning Commission Staff Report; April 18, 1979 (containing proposed language of revision of Condition 7 approved by both City and WVC board). 10. City of Saratoga Planning Commission Minutes, Apri125, 1979 (approving modification of UP-119 and amendment of Condition 7), 11. .West Valley-Mission Community College District Resolution, June 18, 1998 (exempting West Valley College campus from local zoning). Please do not hesitate to contact me if you require any additional . information regarding this matter. Very T ly Yours, ~/ ~~~2 G14 X . .John ehaffey, Mayor City of Saratoga cc: Marahelle Fox, President ` Wesf Valley College Saratoga City Council `~ ~ MEETING DATE: SARATOGA CITY COUNCIL February 6, 2002 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~+/G~-~------- PREPARED BY: Lorie Tinfow DEPT HE ~- b ~lr~ SUBJECT: Saratoga Library Project -Phase II Alternates RECOMMENDED ACTION(S): 1. Authorize staff to initiate change orders to the construction contract with Thompson Pacific in the amount of $105,000 for the addition of the dual paned window alternate and the digital control system for HVAC equipment. REPORT SUMMARY: Phase II Bids At the City Council meeting on January 8, 2002, Council awarded the construction contract for Phase II of the Saratoga Library project to Thompson Pacific Construction for $8,898,000. At the time that bids were due, we also requested price information for several altemates. Council expressed interest in the three alternates that would result in energy savings once the building is operating. Gilbane and Field Paoli analyzed the prices submitted and recommended only the dual paned windows. The cost of the other two alternates would not have been recovered in a reasonable amount of time. Council then directed staff to investigate pricing refinements for the alternates. The result follows: No, Descri tion Bid Da Price New Price Al: Replace existing windows with double- $50,000 $50,000 aped for ener savin s. A2: Substitute McQuay HVAC units in $40,000 $30,000 lace of Trane A4: Provide DDC (digital) controls for $75,000 $55,000 I-IVAC E ui ment ~~ AI. Windows. Field Paoli and Gilbane agree that $50,000 for the window replacement is a reasonable amount and that the cost savings make implementation a good idea. Replacement also makes sense from a maintenance perspective-the existing windows are 25 years old and would likely need to be replaced in the next 10 yeazs or so. A2. HVAC Units. Neither Gilbane nor Field Paoli recommend moving ahead with A2 because the payback for the initial investment is too long and experience with the equipment in this area has been mixed. A4. Digital Controls. Implementation of A4 is recommended at this price. The trend in building construction is to include digital controls instead of pneumatic. Digital provides more control in managing the building temperature. and, with fewer mechanical parts, maintenance is easier and less costly. Also system troubleshooting can be done remotely by the manufacturer (if necessary) instead of having to send service personnel to the site. The Library staff have expressed concerns about installing digital controls in the new building. None of the Santa Clara County Library's buildings have digital controls at this time and their service agreement with the maintenance provider may not include the ability to service.a digital system. They are also concerned that the digital system may preclude the ability of librarians to adjust the temperature in response to patron complaints, Field Paoli anticipated some of the issues raised by library staff and in the specifications included the requirement for training, documentation (including manuals and video) and technical support for library staff. Equipment specification information has been provided to library staff in order to determine compatibility with their maintenance service provider. In addition, the City will be renewing our agreement with the Santa Clara County Library Joint Powers Authority shortly, and increased maintenance assistance by City staff could be considered. FISCAL IMPACTS: Funding for this work is programmed in the adopted budget in CIP No. 0103 Library Expansion - Account No. 4010 Contract Services. With the bid price for Phase II below the estimate by $422,000, the additional work can be added without exceeding the construction budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The new library would not benefit from the possible energy savings resulting from the window replacement and digital controls. ALTERNATIVE ACTION(S): Council could choose not to add the .3ua1-paned windows and digital controls, or to add the other alternate. FOLLOW UP ACTION(S): Initiate a change order to reflect the additional work. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 2 of 2 SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: /J /~ DEPT: City Manager CITY MANAGER: Y/'~/~ ~~- PREPARED BY: DEPT HEAD: SUBJECT: AB 680 LEGISLATION RECOMMENDED ACTION(S): Authorize the Mayor to send a letter to state legislators opposing AB 680. REPORT SUMMARY: Background AB 680 is legislation that affects local governments in the temtory served by the Sacramento Area Council of Regional Governments. It proposes to redistribute local government's Bradley- Burns sales and use tax growth on a 1/3 situs (point of sale), 1/3 per-capita, 1/3 contingent upon the local agency's general plan being approved by the regional board (SACOG) as it relates to adherence to "smart growth" principals. This legislation has been in development for quite some time and has been touted as the "pilot project" for reallocation of the sales tax formula from situs to per capita distribution statewide. Discussion Small suburban cities without a great deal of retail commercial development have looked forward to the day when a reallocation of the sales tax formula favored distribution by population. In addition, this new distribution formula, in theory, would keep cities from favoring the development of big box retail and auto malls over residential development, and would help eliminate "urban sprawl." In reality, the current legislation is becoming evermore complex as new stakeholders are added to gain votes. Local government cooperation and support in the Sacramento area is crumbling as the negotiation process pits large vs. small local governments, county vs. city govenunents and amendments introducing new incentives and penalties are added and removed on a weekly basis. The California League of Cities recommends opposition to this legislation.. Our Legislative Representative in Sacramento, Gonsalves and Son, also recommends opposition to this legislation. The League of California Cities lists the following reasons for opposition: ~' 1. AB 680 will give control of local sales tax to the State of ~, California - it takes away local control; 2. AB 680 now applies only to the Sacramento region, but sets a dangerous precedent for all-the rest of the cities in the state; 3. The Legislature and Governor should first protect local government revenue base from further state intrusion, instead of enacting measures such as AB680; 4. The state has already shifted over $4 billion in property taxes from local governments that rely heavily on sales tax revenues.. Rebecca Elliot, our Regional Representative with the League of California Cities is present at tonights Council meeting and may be able to answer. questions regarding the League's position on AB 680. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): A letter in opposition to AB 680 would not be sent to state legislators. ALTERNATIVE ACTION(S): Individual Council members representing themselves could call or correspond with individual legislators regarding this AB 680. FOLLOW UP. ACTION(S): Draft letter for Mayor's signature and send to relevant state legislators. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A: AB 680 Amended Bill Text 2of3 AB 680 Assembly Bill -AMENDED Page 1 of 10 BILL NUMBER: AB 680 AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 29, 2002 AMENDED IN ASSEMBLY JANUARY 14, 2002 AMENDED IN ASSEMBLY MAY 24, 2001 AMENDED IN ASSEMBLY MAY 14, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 INTRODUCED BY Assembly Member Steinberg (Coauthor: Assembly Member Kehoe) FEBRUARY 22, 2001 An act to add Article 10 (commencing with Section 65500) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Chapter 1.5 (commencing with Section 7215) to Part 1.5 of Division 2 of the Revenue and Taxation Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST AB 680, as amended, Steinberg. Land use: sales tax and property tax revenue allocation. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes a county to impose a local sales and use tax at a rate of 1.25, and similarly authorizes a city, located within a county imposing such a tax rate, to impose a local sales tax rate of 18 that is credited against the county rate. Existing law requires a city, county, or city and county imposing a local sales and use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law to contract with the State Board of Equalization to administer the local sales and use tax. Existing law also requires the board, at least twice during each calendar quarter, to transmit local sales and use tax revenue to the city, county, or city and county in which the revenue was collected. This bill would, pursuant to specified definitions and procedures, require the board to distribute sales tax revenue, derived from the application of a 1~ tax rate by a qualified or~electing county or city in the greater Sacramento region, ~-~-~..,.~°~~ :3 among those same counties and cities -~ '-'~,~-^^~'^.^~ on the basis of (1) the amount of sales tax revenue that those counties and cities received in the 2002 calendar year, and (2) the relative populations of those counties and cities, as determined by the board and the population research unit of the Department of Finance. This bill would provide that up to 1/3 of the sales tax revenue growth be shifted away from those counties and cities in the region that fail to become housing eligible, as defined, and require those revenues to instead be allocated to the Sacramento Area Council of Governments (SACOG) for the funding of regional products. This bill would also establish the Sacramento Regional Smart Growth Fund Allocation Program to provide funding incentives for responsible regional growth policies,- as specified. By imposing allocation duties upon SACOG, this bill would create a state-mandated local program. Existing law, until January 1, 2005, prohibits a city or county from providing financial assistance to an automobile dealership or big box retailer, or to a business entity that sells or leases land to an automobile dealership or big box retailer that is relocating httnr//info.sen.ca.oov/nub/bill/asm/ab 065]-0700/ab 680 bill 20020129 amended asm.html 2/1/2002 AB 680 Assembly Bill -AMENDED Page 2 of 10 from the territorial jurisdiction of one city or county to the territorial jurisdiction of another city or county, but within the same market area, unless the receiving city or county offers the other city or county a contract that apportions sales tax generated by the dealership or retailer between the 2 cities or counties, as specified, and the city or county holds a public hearing and adopts a resolution making specified findings relating to whether or not a contract has been approved. This. bill would provide that any contracts executed pursuant to these provisions prior to the effective date of the bill would remain in effect as provided in the contract. This bill would also provide that, on and after the operative date of the bill, these provisions requiring contracts to share sales tax revenue do not apply to counties and cities in the greater Sacramento region. This bill would also state the intent of the Legislature to create the Sacramento Regional Open Space and Recreation Conservancy to acquire open-space land. This bill would make legislative findings and declarations as to the necessity of a special statute, and as to the public purposes served by this bill. This bill also would require the Legislative Analyst's ^`F`~~ office in conjunction with the State Board of Equalization to report to the Legislature regarding the impact of the bill, as specified, in the greater Sacramento region. This bill would also provide that its operation be postponed, as specified, if a statute is enacted in 2002 that decreases the amount of certain revenues that would have been received.by cities and counties in the greater Sacramento region under the law in effect on January 1, 2002. This bill would also provide that its provisions become inoperative on the operative date of a revenue-sharing agreement, as specified, between all of the cities and counties in the greater Sacramento region. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. state-mandated local program: yes. TAE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 10 (commencing with Section 65500) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10. Sacramento Regional Smart Growth Act of 2002 . 65500. For purposes of this article, the following definitions apply: (a) "Greater Sacramento region" means the region encompassing the httrr//info.sen.ca.~ov/nub bill/asm/ab 0651-0700/ab 680 bill 20020129 amended aim html ~/1/200~ AB 680 Assembly Bill -AMENDED Y total combined area of the County of El Dorado, the County of Placer, the County of Sacramento, the County of Sutter, the County of Yolo, and the County of Yuba but does not include the City of South Lake Tahoe (b) "Regional project" includes, but is not limited to, the following: (1) Regional transportation projects. (2) Transit-oriented development. (3) Infill development. (4) Development to provide a balance between jobs and housing. (5) Mixed use development. (6) Quality of life projects, including, but not limited to, theater and the arts. (7) Open-space acquisition. (8) Other regional land use projects as determined to be necessary by the Sacramento Area Council of Governments. 65501. Those moneys apportioned to the Sacramento Area Council of Governments pursuant to subparagraph (C) of paragraph (2) of subdivision (b) of Section 7215.1 of the Revenue -.aad m-,..-. ,-: .. ,+...ie .. L. ill L.e -.l l.. ...i F.. F1... .-.F F.....i~...-. ~l .,,.f ,. '. 'i"F'."'a °'.'. ~"".'. c~~nn and Tara ti.On Code shall be allocated among qualified cities and qualified counties, as defined in Section 7215.1 of the Revenue and Taxation Code, to fund regional projects, as defined in Section 65500. 65502. (a) It is the intent of the Legislature to enact a program to establish the Greater Sacramento Regional Open Space Recreation Conservancy for the purpose of acquiring open-space land, as defined in Section 65560. (b) It is the further intent of the Legislature that the Greater Sacramento Regional Open Space Recreation Conservancy be funded with revenue from the following sources: (1) Upon an appropriation by the Legislature, revenue derived from bonds issued pursuant to Chapter 875 of the Statutes of 2001. (2) Regional impact fees, as described in subdivision (c). (c) It is the further intent of the Legislature to enact a program by which regional impact fees are imposed upon developers of residential and commercial development in the greater Sacramento region, except residential infill developments and residential housing developments for persons of low and moderate income. The amount of these fees may not exceed the benefits derived by the developers upon which the fees are imposed, and shall be based upon the following considerations: (1) The proximity of the development to urban population centers. (2) The proximity of the development to various types of farmland, including, but not limited to, prime farmland, farmland of statewide significance, unique farmland, farmland of local importance, or other categories of farmland as defined by the Farmland Conservancy Program as administered by the Department of Conservation. (3) Existing development fees that are imposed by local governments in the greater Sacramento region that have the same fundamental purpose as the fees contemplated by this section. In the case of a local fee so imposed, those fees shall offset the fees contemplated by this section by up to two-thirds, but in no event shall a developer pay less than one-third of the regional impact fee contemplated by this section. (4) The complexity of existing development fee structures in the greater Sacramento region. SEC. 2. Chapter 1.5 (commencing with Section 7215) is added to Part 1.5 of Division 2 of the Revenue and Taxation Code, to read: Page 3 of 10 httrr!/infasen.ca.eov/nub bill/asm/ab 0651-0700/ab 680 bill 20020129 amended asm.html 2/1/2002 AB 680 Assembly Bill -AMENDED CHAPTER 1.5. GREATER SACRAMENTO REGION PER CAPITA REVENUE ALLOCATIONS 7215. The Legislature hereby finds and declares all of the following: (a). The situs-based allocation of local sales tax revenue has caused serious fiscal problems and public service inefficiencies, as well as a fiscalization of governmental land use decisions that focuses upon maximizing sales and use tax revenue from retail establishments, rather than upon land use needs in the community. (b) Among other things, the situs-based allocation of local sales tax revenue has led to unhealthy competition among local jurisdictions for retail development,and to local government revenue streams that do not correspond to the level of public services supported by those revenue streams. (c) The adverse results of the situs-based allocation of local sales tax revenue has impacted each county and city imposing a sales tax, and has not been remedied by either existing law or by local actions or agreements. Instead, existing law and the dynamics of local government finance have maintained or even exacerbated the adverse fiscal, governmental, and public service consequences of a situs-based allocation of local sales tax revenue. (d) The greater Sacramento region provides a unique and instructive perspective on the issue of local sales tax revenue allocation, inasmuch as the greater Sacramento region continues to be subject to both extremely rapid development and new incorporations of jurisdictions with authority, under current law, to impose a local sales tax. These dynamics establish the greater Sacramento region as a region that is uniquely suited for the trial and implementation of a proposed regional local sales tax revenue allocation program aimed at eliminating the adverse fiscal, political, and public service consequences of the situs-based allocation of local sales tax revenue. (e) It is the intent of the Legislature, in enacting this act, to implement a pilot program of local sales tax allocation in the unique circumstances currently presented by the greater Sacramento region, that will allow state and local governments to jointly establish, test, and refine an alternative system of local sales tax revenue allocation. It is the further intent of the Legislature that this pilot program not be implemented statewide until after the report described in Section 3 of the act adding this section is submitted to the Legislature. 7215.1. Notwithstanding any other provision of this part, all of the following apply: (a) The board shall segregate into a separate account that amount of sales tax revenue, net of refunds, that is collected pursuant to this part in the greater Sacramento region as a result of the application of a 1 percent sales tax rate imposed pursuant to this part by either a qualified county or a qualified city, or by a county or city making an election under subdivision (f) . (b) For the first calendar quarter of ~.GG3. 2004 and each calendar quarter thereafter, the board shall apportion the revenue segregated pursuant to subdivision (a) as follows: (1) Each qualified county or qualified city shall be apportioned its base quarter revenue amount. (2) The remaining revenues segregated pursuant to subdivision (a) shall be allocated as follows: (A) One-third of the revenues shall be apportioned, in two or more Page 4 of 10 v `J httn://info.sen.ca.oov/nub bill/asm/ab 0651-0700/ab 680 bill 200?O129 'mended a m html 7/1/2007 AB 680 Assembly Bill -AMENDED V installments, among qualified counties and qualified cities .. 1-.. ..1. -. v.. ..F fl... ..fr ~,.] ..4 •... cubdivicign (a) in the manner required by Section 7204. (B) One-third of the revenues shall be apportioned, in two or more installments, among qualified counties and qualified cities in shares determined by multiplying that portion of the revenues by the most recent jurisdictional share determined for each qualifying county and qualifying city pursuant to Section 7215.2. (C) One-third of the revenues shall also be apportioned in shares determined in the same manner as required by :T subparagraph (A) except that any share that is so calculated with respect to a qualified county or qualified city that is not housing eligible for that calendar year shall instead be apportioned to the Sacramento Area Council of Governments for apportionment as provided in Section 65501 of the Government Code. (c) For purposes of this chapter, all of the following apply: (1) "Base quarter revenue amount" means an amount of sales tax revenue that is equal to the amount of sales tax revenue for each jurisdiction that a qualified county or qualified city in the greater Sacramento region received in the corresponding calendar quarter in the year ^^^^ 2003 except that for newly incorporated cities the "base quarter revenue amount" is the corresponding calendar quarter in the year prior to incorporation. (2) "Greater Sacramento region" means the region encompassing the total combinedarea of the County of E1 Dorado, the County of Placer, the County of Sacramento, the County of Sutter, the County of Yolo, and the County of Yuba but does not include the City of South Lake Tahoe (3) "Qualified city" means a city~in the greater Sacramento region that imposes a sales tax pursuant to this part, that has a population growth rate of more than one-half of one percent and that has not met the requirements of Section 7225.3, but does not include the City of South Lake Tahoe (4) "Qualified county" means a county in the greater Sacramento region that imposes a sales tax pursuant to this part, that has a population growth rate of more than one-half of one percent and that has not met the requirements of Section 7215.3 . (5) A "qualified city" or "qualified county" is "housing eligible" for a calendar year if the city or county meets all of the following criteria: (A) The governing body of the city or county has done either of the following: (i) Caused to be issued residential building permits for new construction in the jurisdiction that, by regulatory agreement recorded against the property, is affordable to, and occupied by, low or very low income households (as defined annually for the region by the United States Department of Housing and Urban Development), at least one-half of which shall be affordable to very low income households, or the jurisdiction has caused to be issued permits for substantial rehabilitation (over seven thousand five hundred dollars ($7,500) per unit construction contract value) of existing residential units that are, by regulatory agreement affordable to, and occupied by, low-income and very low income households, that in the aggregate are equal to 5 percent or more of their building permits for residential units built within the last year, or averaging 5 percent over a three-year period. (ii) Adopted a mixed-income housing ordinance that assures construction of units affordable to a minimum of 5 percent very low Page 5 of 10 httn~//info.sen.ca.~ov/nub bill/asm/ab 0651-0700/ab 680 bill 20020129 amended asm.html 2/1/2002 AB 680 Assembly Bill -AMENDED Page 6 of 10 and 5 percent low-income households (total minimum of 10 percent) in any new residential development of more than 10 units. (iii) A qualified city or a qualified county with a population of -~.r:=~ 15,000 people or less, is exempt from the requirements of this subparagraph. (B) The city or county provides domestic violence shelters and shelter or year-round services for the homeless population in the city or county, as determined on the basis of the minimum of 15 percent of the nationally recognized Urban Snstitute homeless population estimation formula (1 percent of the population within a given jurisdiction). A qualified city or qualified county with a population of s:-r:.^.~ 15, 000 people or less is exempt from the requirements of this subparagraph. (C) The city or county filed an inventory of potential infill development or open-space acquisition sites in its jurisdiction, and an action plan for proceeding on those opportunities, in the form and manner approved by the Sacramento Area Council of Government Board of Directors. In each year thereafter, the Board of Directors of the Sacramento Area Council of Government shall certify both the receipt of the action plan, and that the city or county has made substantial progress toward meeting the action plan. (6) "Smart growth principles" include, but are not limited to, programs designed to end the fiscalization of land use, including regional equity in tax income; the provision of social services; enhancing open-space and agricultural land acquisition; transit oriented development; and infill development. (d) Any agreement executed pursuant to Section 53084 of the Government Code prior to the operation of this act shall be operative as specified in the agreement. However, on and after the operative date of this act, Section 53084 of the Government Code does not apply to any qualified city or qualified county in the greater Sacramento region. (e) A city or county in the greater Sacramento region, that imposes a sales tax pursuant to this part but is not a qualified city or a qualified county, shall be allocated sales tax revenue as otherwise required by this part in the absence of this section. (f) Notwithstanding any other provision of this section, a city or a county in the greater Sacramento region that imposes a sales tax pursuant to this part and that has a population growth rate of less than. one-half of 1 percent may elect, by a resolution enacted by a majority of its governing body, to participate in the allocation of sales tax revenue according to this section. 7215.2. (a) No later than March 1 of ~-0-02 2004 and each year thereafter, and within 30 days of determining new population estimates pursuant to subparagraph (B) of paragraph (2) of subdivision (c), the board shall calculate the jurisdictional shares, determined pursuant to subdivision (b), for those counties and cities imposing a sales tax pursuant to this part in the greater Sacramento region. (b) The board shall, for each county or city imposing a sales tax pursuant to this part in the greater Sacramento region, determine a jurisdictional share in accordance with the following formula: (1) Determine the total population of the greater Sacramento region. (2) Determine the total population of the relevant county or city. In the case of a county, total population means the total population of only the unincorporated area of that county. (3) Divide the amount determined pursuant to paragraph (2) by the amount determined pursuant to paragraph (1). (c) (1) Except as otherwise provided in paragraph (2), the httn://infosen.ca.~ov/pub bill/asm/ab 0651-0700/ab 680 bill 20020129 amended. asm.html x/1/2002 AB 680 Assembly Bill -AMENDED population determinations described in subdivision (b) shall be made . upon the basis of annual population estimates that are made by the population research unit in the Department of Finance for purposes of this section, and are transmitted to the board not later than February 1 in each year. (2) (A) For the 2003 calendar year, the population determinations described in subdivision (b) shall be made on the basis of the later of the following: (i) The most recent population estimates for counties and cities in~the greater Sacramento region, as otherwise required or authorized by law, that have been made by the population research unit in the Department of Finance. (ii) The most recent census validated by the population research unit in the Department of Finance. (B) The population research unit in the Department of Finance shall newly estimate the population of the affected city, and any other affected city or county in the greater Sacramento region, and provide those new estimates to the board within 30 days after any of the following occur: (i) A newly incorporated city in the greater Sacramento region imposes a sales tax pursuant to this part. (ii) A city in the greater Sacramento region that imposes a sales tax pursuant to this part completes the annexation of additional territory. (iii) A consolidation of one city in the greater Sacramento region with another city in that region results in a consolidated city that imposes a sales tax pursuant to this part. 7215.3. A county in the greater Sacramento region, as defined in Section 7215.1, is not a qualified county for purposes of that section if all of the following conditions are met: (a) That county meets the requirements set forth in subparagraph (B) of paragraph (5) of subdivision (c) of Section 7215.1. (b) That county enacts ordinances and substantially complies with these ordinances requiring all of the following: (1) That a fair share of the greater Sacramento region's residential housing needs for persons of low and moderate income will be located in that county. (2) That all new residential and commercial development occur within the existing boundaries of a city within that county. (3) That for every acre of new residential and commercial development in the county, one acre be set aside in that city as open-space land, as defined in Section 65560 of the Government Code. (c) The county and two or more of the cities in that county have entered into a revenue sharing agreement, pursuant to Article 1 (commencing with Section 55700) of Chapter 5 of Part 2 of Division 2 of Title 5 of the Government Code. (d) For purposes of this section, "new" residential and commercial development is development that occurs on or after January 1, 2004. (e) Notwithstanding any other provision of this section, a qualified city, within a county that meets the criteria df subdivisions (a) to (c), inclusive, may elect, by a resolution enacted by a majority of its governing body, to participate in the allocation of sales tax revenue pursuant to Section 7215.1. SEC. 3. On or before January 1, 2010, the Legislative Analyst's Office, in conjunction with the State Board of Equalization shall report to the Legislature regarding the reallocation of local sales tax revenue pursuant to this act. To the extent possible, the Legislative Analyst's Office shall incorporate comments from the Page 7 of 10 httn-//info.sen.ca.eov/nub/bill/asm/ab 0651-0700/ab 680 bill 20020129 amended asm.hrinl 2/1/2002 AB 680 Assembly Bill -AMENDED Page 8 of 10 L Sacramento Area Council of Governments regarding the impact of this act on affected local jurisdictions. The report shall include, but not be limited to, the following: (a) Estimates of the fiscal impact of this act on local governments in the greater Sacramento region. (b) To the extent that data are available, representative case studies documenting whether land use decisions made by local jurisdictions in the greater Sacramento region were affected by this act. (c) Recommendations regarding whether to continue the sales tax allocation formulas specified in this act, and, if applicable, suggestions for amending this act to better achieve the Legislature's intent to promote smart growth land use policy. (d) An analysis of the number of permits issued for low- and very low income affordable housing, shelter and services for the homeless, infill development projects, open-space acquisition, and regional projects by local governments in the greater Sacramento region. SEC. 4. (a) It is the intent of the Legislature to enact in this section a program to encourage cities and counties in the greater Sacramento region, as described in this act, to participate in responsible regional growth by rewarding, in accordance with subdivision (b), thosejurisdictions within the region that meet the criteria set forth in paragraph (5) of subdivision (c) of Section 7215.1 of the Revenue and Taxation Code or that are exempt from the requirements of that paragraph (b) The Sacramento Regional Smart Growth Fund Allocation Program is hereby established, and shall be known and may be cited as the CAPSMART Program. During the 2004 State Transportation Improvement Program funding cycle, and every two years thereafter, the Department of Transportation may designate Interregional Transportation Improvement Program funds as smart growth incentive funding for eligible projects that support smart growth strategies and are• identified as priority transportation spending projects by the Sacramento Area Council of Governments. The Sacramento Area Council of Governments shall review requests from individual jurisdictions in a process to be developed by the Sacramento Area Council of Governments using criteria developed by the Department of Transportation, and to be implemented in coordination with existing Sacramento Area Council of Governments RTIP procedures. Allocations and decision guidelines developed by the Sacramento Area Council of Governments, in consultation with citiesand counties, shall meet California Transportation Commission Guidelines, and applicable national and state requirements. The Sacramento Area Council of Governments shall forward CAPSMART funding recommendations to the Department of Transportation which shall make those changes,. additions, or deletions as it deems appropriate, and then may include the projects in the state discretionary portion of the State Transportation Improvement Program. (c) Any multicounty region in California that adopts regional tax-sharing agreements or multicounty smart growth principles, as defined in Section 7215.1, shall be entitled to both of the following: (1) Beginning in the 2008-09 fiscal year and upon appropriation by the Legislature 1 percent of the funds allocated to the Transportation Investment Fund pursuant to Assembly Constitutional Amendment 4 of the 2001-02 Regular Session. (2) Ten points awarded for applications to the State Department of Housing and Community Development for the Jobs-Housing Balance Program, the Cal Home Program, and the Multi-Family Housing Assistance Program. htm~//;nf~.sen.ca.sov/nub/bitl/asm/ab 0651-0700/ab 680 bill 20020129 amended aim html 7/1/2002 v AB 680 Assembly Bill -AMENDED Page 9 of 10 SEC. 5. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the unique fiscal, jurisdictional, and public service dynamics in the greater Sacramento region provide a unique opportunity to implement and refine possible solutions to the fiscal, planning, and public service problems resulting from the imposition of multiple local sales taxes. SEC. 6. The Legislature finds and declares that requiring the allocation of local sales tax revenue in the greater Sacramento region on a per capita basis serves a public purpose of each county or city imposing a sales tax in that region by reducing the unhealthy competition that currently exists between these entities for new retail establishments, helping to equate revenue streams with public service requirements, and allowing land use decisions to be made solely on the basis of land use planning considerations. SEC. 7. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. SEC. 8. (a) This act shall not become operative if, during any legislative session commencing with the 2001-02 Regular Session to the 2009-10 Regular Session, inclusive, or any extraordinary session that runs concurrently with those regular sessions, either of the following occur: (1) A bill is chaptered that decreases the amount of ad valorem property tax revenue that otherwise would have been allocated to a city or county within the greater Sacramento region, as defined in Section 7215.1 of the Revenue and Taxation Code, under the law in effect on January 1, 2002, for the purpose of increasing the amount of ad valorem property tax revenue that is allocated to an Educational Revenue Augmentation Fund. (2) A bill is chaptered that decreases the amount of vehicle license fee revenue that otherwise would have been received by a city or a-county within the greater Sacramento region, as defined in Section 7215.1 of the Revenue and Taxation Code,~under the statutes in effect on January 1, 2002, or decreases the amount of General Fund moneys that would have been received by a city or county within the greater Sacramento region, as defined in Section 7215.1 of the Revenue and Taxation Code, under Section 11000 of the Revenue and Taxation .Code as that section read on January 1, 2002. (b) If this act fails to become operative as a result of subdivision (a), this act shall become operative on the date that one or more bills are chaptered that remove the applicable condition or conditions described in subdivision (a) by doing the applicable of the following: (1) Increases the amount of ad valorem property tax revenue otherwise allocated to a city or county within the greater Sacramento region, as defined in Section 7215.1 of the Revenue and Taxation Code, to the amount that would have been allocated to that city or . county under the statutes in effect on January 1, 2002. (2) Increases the amount of vehicle license fee revenue received by a city or a county within the greater Sacramento region, as defined in Section 7215.1 of the Revenue and Taxation Code, to that amount of vehicle license fee revenues that would have been received httrr//info.sen.ca.eov/oub/bill/asm/ab 0651-0700/ab 680 bill 20020129 amended asm.html 2/1/2002 AB 680 Assembly Bill -AMENDED Page 10 of 10 by that city or county under the statutes in effect on January 1, 2002; or increases the amount of General Fund moneys received by a city or county under Section 11000 of the Revenue and Taxation Code to that amount that would have been received by those cities or counties under that section as it read on January 1, 2002. SEC. 9. This act shall become inoperative on the operative date of a tax revenue-sharing agreement, entered into according to state law, between all of the cities and all of the counties in the greater Sacramento region, as defined in Section 7215.1 of the Revenue and Taxation Code. httrr//infasen.ca.sov/nub bill/asm/ab 0651-0700/ab 680 bill 20020129 amended asm.html ?/1/200? SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 ORIGINATING DEPTrC-itsa ManaeE PREPARED BY AGENDA ITEM: CITY MANAGER: O~/~- DEPT HEAD: SUBJECT: Grassroots Network Coordinator ACTION: Information only. REPORT SUMMARY: On June 6, 2001 the Saratoga City Council authorized the Mayor to submit a ballot to the League of California Cities Board supporting the formation the Grassroots Network. In July 2001 with a 94% vote of support from League members the Grassroots Network proposal was. The League hired fifteen (15) Regional Representatives that comprises the Grassroots Network. The Coordinator will work the cities to aggressively promote key League legislative priorities with legislators, district legislative staff, local media and other supporting community groups. Rebecca Elliot is the Peninsula's Grassroots Coordinator. Ms. Elliot will make a brief presentation and answer any question Council may have. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT. FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Regional Representative Rebecca Elliot League of California Cities ' iT WHAT WE DO • Policy Development • Legislative Atlvodacy • Grassroots Network • Legal Advocacy • Etluration & Conferences Ser_ch for: Page 1 of 1 Frequently Requested - Information Look fora California City Web. Site. ~islatiye Advocacy > Grassroots Network > Regional Representatives > Peninsula Peninsula • Information Resources • Financing and Purchasing r CiryBOOks Bookstore • Event Calentlar • Western City Magazine • Listserve Sign-Up ' Rebecca Elliot 408/859-9424 relliot@cacities orcL Division(s): Peninsula WHO WE ARE Communicating with legislators and the media is the foundation of Rebecca Elliot's • About the League which makes her a great asset to the League's Grassroots Network. For the past t Elliot has put her expertise in grassroots organization, public affairs, and media relt • Municipal Departments work forthe Santa Clara County Association of REALTORS as its Public Affairs Dii . Policy committees During that time, she actively participated in a wide variety of professional and pub Regional Divisions concerned with local and state issues. Elliot also worked as an intern for former Co • Arfiliatea and current U.S. Transportation Secretary Norman Mineta. • Coryorate Partners • Public Service Skills Elliot is a Magna Cum Laude graduate of San Jose State University with a bachelc in political science. She serves as a Directorof the Housing Trust of Santa Clara MEMBER LOGIN a member of Santa Clara County's Housing Leadership Council. username: 'The Regional Representatives bring new energy and diverse experience and ski6 League. I look forward to working with my colleagues and fhe cities on the Peninsl Password: Fo~gt v_QUr Password? Home • Search • Contact Us • Site Map • Em to ment • Newsroom • Li Create Member Login p y. This sdeis best viewed using Internet Explorer 4.0 or higher. Click here to download its lal Copydght (42001 League of California Cities. All rights reserved..~~7CV PoIiGX~ L2i[OH~9A( ,. _. ~ ,-; ;':; -~y ~i~~~~ ~; Last Updated: Friday. December 21, 2001 httn•/hvv<nu.cacities.rlr~/doc.asn?intParentID=3986 2/1/02 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. MEETING DATE: February 6, 2002 AGENDA ITEM ~.~J CITY MANAGER:. ~~ ~~---- ORIGINATING DEPT: City Attorney PREPARED BY: Richard Taylor SUBJECT: West Valley Mission Community College District Bond Measure E. RECOMMENDED ACTION: Accept report and provide direction to staff. REPORT: At the City Council meeting of January 16, 2002 a member of the public requested that the City review the West Valley-Mission Community College District Bond Measure ("Measure E") that will be considered by the voters at the March 5, 2002 election. The City Council directed staff to obtain information on Measure E and to present that information to the City Council. The measure would authorize issuance of up $268,653,300 in bonds. Bond funds will be used for a number of specified projects at Mission College (in the City of Santa Clara) and at West Valley College in Saratoga. The bond measure notes that the timing of projects and the allocation of bond monies will depend on the receipt of state matching funds and other factors. The measure would direct the District to appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries or administrative expenses. The measure does not specify the composition of the oversight committee. The District has estimated that the annual tax rate necessary to finance repayment of the bonds during fiscal year 2002-03 would be $14.07 per $100,000 of assessed valuation. The District has further noted that this figure is an estimate only and that the actual tax rate will depend on factors such as the timing and manner in which the bonds are issued, the bond market, and the assessed value of property within the•District. The City Council has three options available with respect to Measure E. First, it may simply accept this report and take no further action. Second, it may take a position in support or opposition to the measure. Third, it may direct staff to conduct an additional. investigation of the measure and prepare a detailed and objective analysis of the effects of the measure on the City. It is important to note that although the City Council may take a position on the measure, the City may not make public expenditures (other than the ordinary costs of preparing a resolution and otherwise documenting the Council's actions in the ordinary manner) to advocate a position in support of or opposition to the measure. Any information provided by the City to the public regarding the measure must be faix and objective. The courts and the Fair Political Practices Commission have made clear that public agencies may not use taxpayer funds to promote a particular position on a ballot measure. FISCAL IMPACTS: The bond measure will have no direct fiscal effects on the City. It is difficult to predict the possibility of any beneficial or adverse indirect effects associated with the Measure. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. FOLLOW UP ACTIONS: Implement Council direction. ATTACHMENTS: 1. Full Text Ballot Measure E 2.. Ballot Argument In Favor Of Measure E 3. Ballot Argument Against Measure E 4. Rebuttal To Ballot Argument Against Measure E 5. Rebuttal To Ballot Argument In Favor Of Measure E 6. Supplemental Material Provided By West Valley College 7. Background Information Sheet Regarding The Sponsor Of The Measure And The Authors Of The Ballot Arguments For And Against The Measure 8. Copy-Voter Information Pamphlet 2 FULL TEXT BALLOT- PROPOSITION E ~~ EXHIBIT B FULL TEXT BALLOT PROPOSITION OF THE WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT BOND MEASURE ELECTION MARCH 5, 2002 The following is the full proposition presented to the voters by the West Valley-Mission Community College District. "To improve educational opportunities for local residents, shall West Valley-Mission Community College District issue $268,653,300 in bonds at legal interest rates to construct, acquire, repair and equip classrooms, libraries, science/computer labs, facilities/sites, upgrade technology, improve safety conditions and accessibility for the disabled, upgrade fire, earthquake safety, lighting, electrical, energy conservation, ventilation/plumbing systems, appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries, administrative expenses?" The Board of Trustees of the West Valley-Mission Community College District has evaluated safety, class size reduction, and information technology needs in developing the scope of college facility projects to be funded as outlined in both the District's West Valley College Educational and Facilities Master Plan, dated February 16, 2001, and as shall be amended from time to time and the Mission College Educational and Facilities Master Plan, dated October 2, 2001, and as shall be amended from time'to time, each on file for review at the Chancellor's Office: PROJECTS Mission College • Main Building. repair, renovation and refurnishing for improved instruction, including new science labs, computer labs, and safety upgrades • Repair, renovation and upgrade existing classrooms • Replace aging portable classrooms with permanent classrooms • Construct and furnish a new classroom/instructional facility • Upgrade or construct job training classrooms • Repair deteriorating roofs , • Upgrades to electrical, plumbing, mechanical, heating, ventilation, energy conservation, fire safety and security systems • Americans with Disabilities Act required improvements - • Seismic and structural improvements to existing buildings • Safety upgrades to road and walkways • Upgrade technology infrastructure • Purchase multimedia and other equipment for the Learning Resource Center/Library B-t DOCSSFl29321 v 122940.0002 BALLOT ARGUMENT IN FAVOR OF MEASURE E West Valley Mission Community College District . Election Day: March 5, 2002 Ballot ArEUment in Favor of Measure E Over the past 4 decades more than one million students. from the Santa Clara Valley have benefited from the outstanding educational opportunities offered by West Valley Mission Community College District, including West Valley College and Mission College. Unfortunately, aging facilities negatively impact the quality of education, job training, career advancement, and on-going instruction for thousands of local college students. Facilities designed in the 1960's and 70's to meet higher education needs are inadequate today. Outdated classrooms and science and computer labs need renovating. Safety and seismic upgrades are needed. Aging energy, electrical, plumbing, and heating systems need attention and are costly to operate. Repairs and renovations are needed now to provide up-to-date classrooms, job training and educational facilities. Measure E will rehabilitate deteriorated educational facilities and add classrooms and instructional support space to properly serve our community. Measure E will: • Repair campus buildings to meet current health and safety standards • Renovate outdated classrooms, science labs and job training facilities • Upgrade training facilities for law enforcement, fire science, and emergency services • Replace leaky roofs and 30-year old temporary classrooms • Upgrade electrical systems for safety and improved access to technology • Add academic and job training classrooms and instructional support space • Replace deteriorated plumbing and sewer systems • Upgrade inefficient energy, heating and ventilation systems All funds raised by Measure E will stay in our community to benefit our students. Passage of Measure E will qualify our colleges for state matching funds when they become available. Independent audits will be conducted annually and an independent Citizens Oversight Committee will monitor all expenditures to ensure funds are spent properly. Measure E is supported by educators, business and community leaders, students, parents and senior citizens throughout our community. Please vote YES on Measure E. Word Count: 296 N BALLOT ARGUMENT AGAINST MEASURE E s West Valley-Mission Community College District Bond Measure BALLOT ARGUMENT AGAINST MEASURE E Do not be fooled. This is not a $268,000,000 bond measure. This measure will cost residents $715,000,000 in extra taxes! (Source: The West Valley/Mission Community College District bonds underwriter) Many families will pay $4,000 to $10,000 or more in new taxes. The real issue is District mismanagement of money from tuition, fees, state allocations and rents: • Three years ago, the West Valley/Mission Community College District "lost" $3,000,000. District officials believe it was an accounting error, but aren't certain. • The District Foundation's treasurer was prosecuted for embezzling Foundation funds. • The last two external audits revealed inadequate safeguards for handling cash accounts and lack of corrective action. • Unlike other community colleges, the West Valley/Mission Community College District receives over $3,200,000 per year from lease of surplus properties. • The last two years the State gave the District $7,000,000 to improve academic programs. Sadly, the District's academic performance has instead deteriorated. Total degrees and certificates have fallen 25% since 1997; the number of "transfer ready" students has decreased 25% and basic skills improvement (reading and math) has dropped 10% since 1997. (Source: The Community College Chancellor's Office Reports) This tax measure was approved at a "special" Board meeting with no advertising. Not one member of the public was in attendance - no public hearings . • Even the Trustees never saw the project list until that night. • Most projects aze "guesstimates" - no detailed cost analysis made available. With a parcel tax, the District would receive one dollar for each dollar of new taxes. Instead, these bonds cost residents three dollazs for each dollar the District receives, and the repayment obligation for taxpayers is thirty-eight years! Vote "NO" on this three quarter Billion dollar, new tax, bond measure. This is Breed, not need. This District has not been fiscally responsible and its academic performance has been deteriorating. Send a clear message -unjustified spending of public funds must stop! REBUTTAL TO BALLOT ARGUMENT AGAINST MEASURE E 2-01-2802 3:29PM FROM WVMCCD "PUBLIC"RELAY 14.087412125 P.2 West Valley Mission Community College District )Election Day: March 5, 2002 REi~IJTTAL-Measure 1~ To Ballot Areument Aeainst Measure E Measure E opponents deliberately mislead voters with inaccurate, untruthful statements. Here are the facts: West Valley College and Mission College need major repair, renovation and upgrading. Job training facilities are outdated and in some cases obsolete. Although well maintained, these educational facilities need updating to provide for ongoing educational needs of students who will transfer to four year colleges and citizens needing job training and career advancement courses. The cost of this bond measure is small, about $14 per year per $100,000 of assessed valuation (not to be confused with market value). This is rax deductible. State iaw requires a specific plan for use of these funds. Only repairs and construction essential to maintain quality educational programs are included. There are no frills, no expensive wish lists, no blank checks. By law, no funds may be used to pay administrative salaries or benefits. Funds can only be used for facility improvements. Passage of Measure E will qualify our community for state matching funds that would otherwise go to other community colleges in other parts of the state. Passage of Measure E will ensure that our community colleges have the necessary facilities students need to face the challenges of a competitive job market and economy. Measure E has earned the support of both Democratic and Republican leaders. Nurses, police, firefighters, emergency medical workers, and those served by these professionals, are some of the many Santa Clara Valley residents who will benefit from .improved community college classrooms and facilities. Please vote yes. REBUTTAL TO BALLOT ARGUMENT IN FAVOR OF MEASURE E Re: West Valley-Mission College District Bond Measure Rebuttal To Argument In Favor of Measure E This ballot statement is intentionally deceptive and substantially false. It never mentions the amount of the bonds! They don't want you to lrnow Measure E will cost you 715 Million dollars in new taxes but generate only 248 Million for the West Valley-Mission Community College District. This is beyond greed; it's obscene. Their ballot statement does not include the typical hardship exemption for seniors on fixed incomes and other low income families. The Citizen Oversight Committee would be appointed by the West Valley- Mission Community College District. How could it be unbiased or impartial? Their statement suggests almost all the funds are for renovation and repair. Untrue! Actually, over 190 Million dollars will be used for repaying existing debt, new construction, an unspecified slush fund for "student support", and additional athletic facilities (e.g., concession stands, light standards, amplified sound systems). They claim "outstanding educational opportunities." Untrue! District academic performance has been deteriorating: Less than 4% of the West Valley-Mission Community College District's 26,000 students earn degrees each year. (District Report 12-13-01). Did you lrnow that 40% of those students live outside our District? Proposed projects were selected by marketing research surveys, not based on educational need. • The West Valley-Mission Community College District's annual budget is over $100 Million per year. • Plus several million more per year in extra local funding. • They already spend half their budget outside the classroom! State matching funds are a dream, not a certainty. Without them, this measure will produce more unfinished projects and require more future taxes. Vote "NO" on Measure E. SUPPLEMENTAL MATERIAL PROVIDED BY WEST VALLEY COLLEGE West Valley-Mission Community College District Measure E Fact Sheet Over the past year, the West Valley-Mission Community College District has developed a comprehensive, community-responsive, facility master plan to rehabilitate deteriorated education facilities, add classrooms and instruction support space, and bring both campuses up to acceptable standards. After investigating several options, the District has opted to place a bond on the Mazch Sa' ballot. It is presented to the voters as follows: To improve educational opportunities for local residents, shall West Valley- Mission Community College District issue $268,653,300 in bonds at legal interest rates to construct, acquire, repair and equip classrooms, libraries, science/ computer labs, facilities/sites, upgrade technology, improve safety conditions and accessibility for the disabled, upgrade fire, earthquake safety, lighting, electrical, energy conservation, ventilation/plumbing systems, appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries, administrative expenses? The Board of Trustees of the West Valley-Mission Community College District has evaluated safety, class size reduction, and information technology needs in developing the scope of college facility projects to be funded as outlined in both the District's West Valley College Educational and Facilities Master Plan, dated February 16, 2001 and as shall be amended from time to time and the Mission College Educational and Facilities Master Plan, dated October 2, 2001 and as shall be amended from time to time, each on file for review at the Chancellor's office. Over $400 million in facility improvements have been identified; however, the essentials amount to $268 million, the amount of the bond. The District plan is fiscally responsible and only includes essential improvements. To meet the needs of the District, a variety of options were considered: funds from the existing budget, state and federal funding, private grants, and other sources of support. Unfortunately, California's community colleges aze poorly funded when compared to the national average. If Measure E passes in Mazch, all funds generated will go directly to specific projects on the Measure E Project List that will be approved by voters. Specifics include: • Repair campus buildings to meet cun•ent health and safety standards • Renovate outdated classrooms, science labs and job training facilities ~ Upgrade training facilities for law enforcement, fire science, and emergency services • Replace leaky roofs and 30-yeaz old temporary classrooms • Upgrade electrical systems for safety and improved access to technology • Add academic and job training classrooms and instructional support space • Replace deteriorated plumbing and sewer systems • Upgrade inefficient energy, heating and ventilation systems An upgrade to the athletic facility at West Valley College will also be included in this list of essentials. From $1 million to $5 million will be spent to install up to 3,500 permanent, aluminum bench seats; a specially designed, reduced-height lighting system; a scoreboazd; restrooms; a press box; and a snack bar. There has been much discussion about this project. In truth, the addition of the seats will make West Valley's facility smaller than several local high school fields. Meanwhile, it will provide permanent seats and access for spectators during sporting events and commencement exercises. All proceeds from the bond must be spent on capital improvements. None of the funds can be used for salaries or administrative overhead. Independent audits will be conducted annually, and an independent Citizens Oversight Committee will monitor all expenditures to ensure funds aze spent properly. The cost of the bond measure to taxpayers will be about $14 per year per $100,000 of assessed property value. (Assessed value should not be confused with mazket value.) The cost is tax deductible. For Measure E to pass, 55% of the voters must cast their ballot in favor. February 18u' is the last day to register to vote for this election. The passage of Measure E will qualify our colleges for state matching funds when they become available. • Citizens for West Palley-Mission-YES on E Questions & Answers About Measure E . Ballot Question: "To improve educational opportunities for local residents, shall West Valley-Mission Community College District issue $268,653,300 in bonds at legal interest rates to construct, acquire, repair and equip classrooms, libraries, science/computer labs, facilities/sites, upgrade technology, improve safety conditions and accessibility for the disabled, upgrade fire, earthquake safety, lighting, electrical, energy conservation, ventilation/plumbing systems, appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries or administrative expenses?" What is Measure E? Voters in the West Valley Mission Community College District will be asked on Mazch 5'" to approve Measure E, a facilities bond measure to rehabilitate deteriorated educational facilities and add classrooms and instructional support space at West Valley College in Saratoga and Mission College in Santa Clara. Measure E is a prudent, cost effective plan containing only the most essential facilities projects. No Measure E monies may be used for employee salaries. All Measure E money will stay in our community and benefit our local students. Why is Measure E needed? West Valley and Mission Colleges have served our community well. After yeazs of constant use, West Valley and Mission Colleges aze now showing their age. Although well maintained, the campuses have grown old and aze in need of significant repair. Behind the facades of well-kept buildings aze aging electrical, plumbing, lighting, technology and security systems. These facilities are subject to constant and increasing use and have become costly to operate. Inadequate and limited classrooms and laboratory facilities negatively impact educational quality, job training, career advancement, and on-going instruction for local residents. How will funds from Measure E be used? If Measure E passes in March, all funds generated will go duectly to specific projects on the Measure E Project List approved by voters. Specifics include: • Repair campus buildings to meet current health and safety standazds • Renovate outdated classrooms, science labs and job training facilities • Upgrade training facilities for law enforcement, fire science, and emergency services • Replace leaky roofs and 30-yeaz old temporary classrooms • Upgrade electrical systems for safety and improved access to technology • Add academic and job training classrooms and instructional support space • Replace deteriorated plumbing and sewer systems • Upgrade inefficient energy, heating and ventilation systems Who will vote on Measure E? All registered voters who reside within the West Valley-Mission Community College District aze eligible to vote on Measure E. To pass, Measure E must receive support from 55% of the voters who vote on March 5". February 18`" is the last day to register to vote for this election. How much will Measure E cost? The cost to taxpayers will be about $14' per yeaz per $100,000 of assessed property value. (Assessed value should not be confused with market value. The assessed value of property maybe much lower than its market value.) This money is tax deductible. ~ Exact tax impact is estimated to be $14.07 per yeaz per $100,000 of assessed valuation. When will the work begin? Once Measure E passes, work will start immediately to make facility improvements. Upgrades will be completed in priority order, starting with health and safety issues first. What will happen if Measure E doesn't pass? Because of aging facilities and limited instructional space, the need for improved facilities will continue to increase. These needs will place a further strain on structural, mechanical, plumbing and electrical systems. Delaying repairs and upgrades will only increase future construction, repair and renovation costs. State matching funds available to communities that have passed bond measures, maybe exhausted and no longer available. I no longer have young people in my home and have no personal desire to attend classes at West Valley College or Mission College. How will Measure E benefit me? The resale value of homes in our community is duectly affected by the quality of our educational systems. A quality education system helps maintain property values. Will Measure E improve instruction? Yes. Upgraded classrooms and buildings will provide a safer, higher quality learning environment. Improved science and computer laboratories will enhance instruction. Improved electrical service will allow students and faculty to better access technology. Why aren't there any allocations in this bond for instructional PROGRAMS? By law, bond measures can only fund facili improvements, including basic repair and renovation of . facilities and new construction of facilities. The law does not permit allocation of Measure E funds for instructional program purposes or employee salaries. What about state lottery funds? By law, lottery funds must go directly into classroom instruction and cannot be used for facility repairs, renovation or construction. Lottery funds, although minimal, have provided a welcome supplement to our budget, helping to improve classroom instruction by supplementing the purchase of much needed materials and equipment. But lottery funds comurise less than 2% of our budget. The District has made every effort to secure these and other available funds from state, local and private sources. Passage of Measure E will help qualify our colleges for state matching funds when they become available, thus reducing the cost of essential upgrades to local taxpayers. Will businesses share in the cost? Yes, both commercial and residential property will be subject to the assessment. I've heard this bond measure is about funding athletic facilities. What athletic facilities specifically will it fund and what specifically will it NOT fund? There is one athletic facility project at West Valley College for $5.5 million. These funds will be used to install seating around the track and complete renovation work at the existing athletic facilities. Funds are not being used to build a stadium as some opponents have indicated. Isn't Mission College already getting millions of dollars from new developments . surrounding the College? Why does the District need a bond measure if they already have millions of dollars coming in from these other sources? The Mission-West Valley Land Corporation receives about $3.5 million from rented land azound Mission College. The Land Corporation has used these funds in the past to borrow $25 million for purposes of continuing to implement planned construction of educational facilities on the Mission College campus. Money from the Land Corporation is not sufficient to pay for the full cost of the college district's repair, renovation and construction needs. Future Land Corporation funds aze expected to support only an additional $20 million in projects and this money has already been allocated to approved but not-yet-built projects. The District is seeking $268 million through Measure E to address its most pressing repair, renovation, and construction needs. ('T'otal W VMCC need is now estimated to exceed $400 million.) Who is West Valley Homeowners Association? Why are they so angry at West Valley College? The West Valley Homeowners Association is comprised of a small group of individuals who live neaz West Valley College in Saratoga. They have expressed their opposition to updating the College's athletic facilities. Here are the facts: The District has informed the community of its plans to add 3,500 seats to the West Valley College field, which is presently smaller than neazby high schools. Spectators currently have to sit on folding chairs on the side of a dirt hill, which is not handicapped accessible, in order to watch events. The Measure E Project List includes only one athletic facility project, to be completed at West Valley College. The specific project is to install seating azound the track and complete renovation work at the existing athletic facilities. Funds will NOT be used to build a stadium as some opponents have indicated. • (If necessary, add this) While we respect the right of opponents to express their views, we strongly disagree with our opponents' azguments against Measure E. Appazently they have not visited our campuses to review the needs and benefits of this measure. (Or...) It is not our policy to comment on the actions of opponents. How can voters be sure that Measure E money will be well spent? By law, no money can be spent on projects other than those included on the Measure E Project List approved by voters. Money cannot be used for administrators' salaries. State law also requires annual financial and performance audits and an independent Citizens Oversight Committee to be established to monitor expenditures and make sure all funds aze spent properly. What if I have additional questions? If you need additional information, please contact the YES on Measure E Campaign at 408-370-2322 x 1002 or yesonewvm@yahoo.com C. J Measure E Supporters Central Labor Council of Santa Clara John McLemore, Santa Clara City Council member Mission College Associated Student Body San Jose/Silicon Valley Chamber of Commerce Santa Clara Citizen's Advisory Committee Saratoga Chamber of Commerce West Valley College Associated Student Body West Valley College Inter-Club Council • u BACKGROUND INFORMATION March 5, 2002 Primary Election West Valley-Mission Community College District Bond Measure E Page 1 of 1 Sponsoring Group:: West Valley-Mission Community College District Address: 14000 Fruitvale Avenue Saratoga, CA 95070 Contact: Linda G. Salter, Chancellor Christina Booth Senior Executive Assistant, Business Services Christina booth anwvmccd.cc.ca.us Telephone: 408-741-2085 FAX: 408-867-1308 Arguments Due: Wed., Dec. 12, 5 p.m. to Santa Clara County Elections Tax Rate Statement Due by E- 88: Rebuttals Due: Wed., Dec. 19, 5 p.m. to Santa Clara County Elections Analysis Due: Wed., Dec. 19, 5 p.m. to Santa Clara County Elections Public Inspection Period: December 20 to December 30 Argument in Favor Filed by: Citizens for West Valley-Mission, Yes on E Chris C. Constantin 831-479-7788 Argument Against Filed by: West Valley Homeowners Association Victor Monia 408-808-0212 Click here to view Voter Pamphlet Information Now Available [ Election's Home Paee ] [ E-Mail ] [Back to Local Measures Watch ] [Call Us ] file//('~\WTNT)OWS\Temnorarv%20Tnternet%20Files\OLK82F2\sr014-Attl.htm 2/1/02 COPY -VOTER INFORMATION PAMPHLET CJ VOTER INFORMATION PAMPHLET VOTER INFORMATION PAMPHLET MEASURES, ANALYSES AND ARGUMENTS (whichever is applicable to your ballot) Arguments in suooort of. or in oooosition to. the orooosed laws are the o0 E To improve educational opportunities for local residents, shall West Valley-Mission Community College District issue $268,653,300 in bonds at legal interest rates to construct, acquire, repair and equip classrooms, libraries, science/computer labs, facilities/sites, upgrade technology, improve safety conditions and accessibility for the disabled, upgrade fire, earthquake safety, lighting, electrical, energy conservation, ventilation/plumbing systems, appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries or administrative expenses? FULL TEXT BALLOT MEASURE E OF THE WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT The following is the full proposition presented to the voters by the West Valley-Mission Community College District. To improve educational opportunities for local residents, shall West Valley-Mission Community College District issue $268,653,300 in bonds at legal interest rates to construct, acquire, repair and equip classrooms, libraries, science/computer labs, facilities/sites, upgrade technology, improve safety conditions and accessibility for the disabled, upgrade fire, earthquake safety, lighting, electrical, energy conservation, ventilation/plumbing systems, appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries, administrative expenses? The Board of Trustees of the West Valley-Mission Community College District has evaluated safety, class size reduction, and information technology needs in developing the scope of college facility projects to be funded as outlined in both the District's West Valley College Educational and Facilities Master Plan, dated February 16, 2001, and as shall be amended from time to time ahd the Mission College Educational and Facilities Master Plan, dated October 2, 2001, and as shall be amended from time to time, each on file for review at the Chancellor's Office: PROJECTS Mission College • Main Building repair, renovation and refurnishing for improved instruction, including new science labs, computer labs, and safety upgrades • Repair, renovation and upgrade existing classrooms • Replace aging portable classrooms with permanent classrooms • Construct and furnish a new classroom/instructional facility • Upgrade or constructjob training classrooms • Repair deteriorating roofs • Upgrades to electrical, plumbing, mechanical, heating, ventilation, energy conservation, fire safety and security systems • Americans with Disabilities Act required improvements • Seismic and structural improvements to existing buildings Page 1 of 5 • Purchase multimedia and other equipment for the Learning Resource Center/Library • Purchase safety, ergonomic and instructional equipment for classrooms and work spaces, such as ergonomic furniture and multimedia equipment • Repair and renovate student support services building • Construct warehouse facilities for equipment and storage • Reduce outstanding debt for High Technology Campus Center • Construct institutional support facilities West Valley College • Upgrade and expand the math and science instructional facilities • Repair and renovate Administration of Justice (law enforcement) instructional facilities • Construct and furnish technology center • Repair, renovate and upgrade existing classrooms • Construct new classrooms • Replace aging portable classrooms with permanent classrooms • Upgrade or constructjob training classrooms • Repair deteriorating roofs • Upgrade to electrical, plumbing, mechanical, heating, ventilation, energy conservation, fire safety, and security systems • Americans with Disabilities Act required improvements • Seismic and structural improvements to existing buildings • Safety upgrades to roads and walkways • Renovate, modernize, complete and equip athletic facilities at West Valley College • Replace portable Child Development Center facilities with permanent facilities • Upgrade the central plant for heating, ventilation and air conditioning • Upgrade and expand the Learning Resource Center/Library • Upgrade technology infrastructure • Renovate faculty workrooms and offices • Purchase safety, ergonomic and instructional equipment for classrooms and work spaces, such as ergonomic furniture and multimedia equipment. • Repair, renovate and expand Student Support Center facilities • Purchase temporary classrooms to accommodate construction • Reduce debt for information technology systems, a telephone system and portable facilities for police services, information fechnofogy services and genera( services department. • Construct institutional support facilities The details of each of the above-mentioned projects are set forth in each of the Educational and Facilities Master Plans referenced above. The allocation of bond money may be affected by the District's receipt of State matching funds and final costs of each project. The budget for each project may be affected by factors beyond the District's control. The timing of projects will be established by the Board of Trustees after review by fIr • iir•~~UTT~>nnWS~Temnorarv%,20lnternet%20Files\OLK82F2\sr014-Att2.htm 2/1/02 VOTER INFORMATION PAMPHLET Page 2 of S • Safety upgrades to road and walkways the Citizen Oversight Committee. • Upgrade technology infrastructure 44-515 VOTER INFORMATION PAMPHLET MEASURES, ANALYSES AND ARGUMENTS (whichever is applicable to your ballot) IMPARTIAL ANALYSIS BY COUNTY COUNSEL MEASURE E The Board of Trustees of the .West Valley-Mission Community College District has ordered an election to submit to the voters of the District the question of whether bonds of the District shall be issued and sold in the aggregate principal amount not to exceed $268,653,300 for the purpose of raising money for construction, acquisition, repair and equipment of school facilities. A "yes" vote is a vote to authorize the general obligation bonds to be issued and financed by ad valorem taxes levied annually on real property in the District. A "no" vote is a vote against issuing the proposed general obligation bonds. As authorized by Proposition 39, which was approved by the voters statewide on November 7, 2000, in order for this bond measure to pass, it must be approved by at least fifty-five percent of the voters voting on the measure. The proceeds of the sale of the bonds will be used to carry out the projects described in the ballot proposition. Resolution No. 01112901 adopted by the Board of Trustees of the West Valley-Mission Community College District provides that, if the bond measure passes, the Board will appoint a citizens' oversight committee, and will cause annual independent audits to be conducted to ensure that funds are spent on the school projects set forth in this measure. The maximum number of years any bonds issued pursuant to Section 15100 of the Education Code will run will not exceed twenty-five years and the maximum number of years any bonds issued pursuant to Section 53506 of the Government Code will run will not exceed forty years. The Tax Rate Statement printed in the ballot pamphlet provides information concerning projections of the increase of the property tax rate on real property within the District. Since the interest rate on the bonds is determined when the bonds are sold, the exact amount of the tax increase can only be determined after the bonds are sold. TAX RATE STATEMENT FOR BOND MEASURE E An election will be held in the West Valley-Mission Community College District (the "District") on March 5, 2002, for the purpose of submitting to the electors of the District the question of incurring a bonded indebtedness of the District in a principal amount not to exceed $268,653,300. If such bonds are authorized and sold, the principal thereof and interest thereon will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information regarding tax rates is given to comply with Section 9401 of the California Elections Code. Such information is based upon the best estimates and projections presently available from official sources, upon experience with the District, and other demonstrable factors. Based upon the foregoing and projections of the District's assessed valuation, and assuming the entire debt service will be paid through property taxation: 1. The best estimate of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the sale of the first series of bonds based on estimated assessed valuations available at the time of filing of this statement is 1.407 cents per $100 of assessed valuation (or $14.07 per $100,000 of assessed valuation) for fiscal year 2002-03. 2. The best estimate of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the sale of the last series of bonds based on estimated assessed valuations available at the time of filing of this statement is 1.407 cents per $100 of assessed valuation (or $14.07 per $100,000 of assessed valuation) for fiscal year 2008-09. 3. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, and an estimate of the years in which that rate will apply, based on estimated assessed valuations available at the time of the filing of this statement is 1.407 cents per $100 of assessed valuation (or $14.07 per $100,000 of assessed valuation) for fiscal years 2002-03 through 2008-09. DANA McRAE, COUNTY COUNSEL By Jane M. Scott, Assistant County Counsel \J `.J ,;tF•nr~~~nrTr~rr1(1WS~TPmnorarv~/„?OTntPrnet%70Files\OLK8~F2\sr014-Attu htm ?~1/M u u \_J VOTER INFORMATION PAMPHLET Page 3 of 5 vary from those presently estimated as stated above. s/Linda G. Salter Chancellor West Valley-Mission Community College District VOTER INFORMATION PAMPHLET MEASURES, ANALYSES AND ARGUMENTS (whichever is applicable to your ballot) Arguments in suooort of. or in oooosition to. the orooosed laws are the ooinions of the authors. ARGUMENT IN FAVOR OF MEASURE E Over the .past four decades more than one million students from the Santa Clara Valley have benefited from the outstanding educational opportunities offered by West Valley-Mission Community College District, including West Valley College and Mission College. Unfortunately, aging facilities negatively impact the quality of education, job training, career advancement and on-going instruction for thousands of local college students. Facilities designed in the 1960's and 70's to meet higher education needs are inadequate today. Outdated classrooms as well as science and computer labs need renovating. Safety and seismic upgrades are needed. Aging energy, electrical, plumbing and heating systems need attention and are costly to operate. Repairs and renovations are needed now to provide up-to-date classrooms, job training and educational facilities. Measure E will rehabilitate deteriorated educational facilities and add classrooms and instructional support space to properly serve our community. Measure E will: • Repair campus buildings to meet current health and safety standards • Renovate outdated classrooms, science labs and job training facilities • Upgrade training facilities for law enforcement, fire science and emergency services • Replace leaky roofs and 30-year-old temporary classrooms • Upgrade electrical systems for safety and improved access to technology • Add academic and job training classrooms and instructional support space • Replace deteriorated plumbing and sewer systems • Upgrade inefficient energy, heating and ventilation systems All funds raised by Measure E will stay in our community to benefit our students. Passage of Measure E will qualify our colleges for state matching funds when they become available. Independent audits will be conducted annually and an independent Citizens Oversight Committee will monitor all expenditures to ensure funds are spent properly. Measure E is supported by educators, business and community leaders, students, parents and senior citizens throughout our community. REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE E This ballot statement is intentionally deceptive and substantially false. It never mentions the amount of the bonds! They don't want you to know Measure E will cost you 715 Million dollars in new taxes but generate only 248 Million for the West Valley-Mission Community College District. This is beyond greed; it's obscene. Their ballot statement does not include the typical hardship exemption for seniors on fixed incomes and other low income families. The Citizen Oversight Committee would be appointed by the West Valley-Mission Community College District. How could it be unbiased or impartial? Their statement suggests almost all the funds are for renovation and repair. Untruel Actually, over 190 Million dollars will be used for repaying existing debt, new construction, an unspecified slush fund for "student support", and additional athletic facilities (e.g., concession stands, light standards, amplified sound systems). They claim "outstanding educational opportunities " Untrue! District academic performance has been deteriorating: Less than 4% of the West Valley-Mission Community College District's 26,000 students earn degrees each year. (District Report 12-13-01). Did you know that 60% of those students live outside our District? Proposed projects were selected by marketing research surveys, not based on educational need. • The West Valley-Mission Community College District's annual budget is over $100 Million per year. • Plus several million more per year in extra local funding. • They already spend half their budget outside the classroom! State matching funds are a dream, not a certainty. Without them, this measure will produce more unfinished projects and require more future taxes. Vote "NO" on Measure E. s/ Charles Butterfield, Campbell Voter s/Victor Monia, Former Trustee -West Valley-Mission College District fitP• /ir~ ~~ WTNT)(~WS\Temnorarv%20Tnternet%20Fi]es\OLK82F2\sr014-Att2.htm 2/1/02 VOTER INFORMATION PAMPHLET Please vote YES on Measure E. sl Elaine Alquist, State Assemblywoman s/Michael E. Fox, Sr., Community/Business Leader s/Joan Sarlo, Founding Faculty Member -West Valley College s/William H. Cilker, Senior Citizen s/ Chris C. Constantin, Former Student/Trustee Page 4 of 5 s/ Adrienne Loo, Psychology Graduate Student -West San Jose Voter - s/ Sandra Todd, Los Gatos Voter & Mother of West Valley College Graduate s/ Ann Waltonsmith, Saratoga City Councilperson' for identification purposes only 44-517 )TER INFORMATION PAMPHLE MEASURES, ANALYSES AND ARGUMENTS (whichever is applicable to your ballot) ARGUMENT AGAINST MEASURE E Do not be fooled. This is not a $268,000,00 bond measure. This measure will cost residents $715,000,000 in extra taxes! (Source The West Valley -Mission Community College District bonds underwriter) Many families will pay $4,000 to $10,000 or more in new taxes. The real issue is District mismanagement of money from tuition, fees, state allocations and rents: • Three years ago, the West Valley-Mission Community College District "lost" $3,000,000. District officials believe it was an accounting error, but aren't certain. The District Foundation's treasurer was prosecuted for embezzling Foundation funds. • The last two external audits revealed inadequate safeguards for handling cash accounts and lack of corrective action. • Unlike other community colleges, the West Valley- Mission Community College District receives over $3,200,000 per year from lease of surplus properties. • The last two years the State gave the District $7,000,000 to improve academic programs. Sadly, the District's academic performance has instead deteriorated. Total degrees and certificates granted have fallen 25% since 1997; the number of "transfer ready" students has decreased 25% and basic skills improvement (reading and math) has dropped 10% since 1997. (Source: The Community College Chancellor's Office reports). This tax measure was approved at a "special" Board meeting with no advertising. Not one member of the public was in attendance - no public hearings. • Even the Trustees never saw the project list until that night. • Most projects are "guesstimates" - no detailed cost analysis made available. With a parcel tax, the District would receive one dollar for each dollar of new taxes. Instead, these bonds cost residents three dollars for each dollar the District receives, and the repayment obligation for taxpayers is thirty-eight years! REBUTTAL TO ARGUMENT AGAINST MEASURE E Measure E opponents are deliberately misleading voters with inaccurate, untruthful statements. Here are the facts: West Valley College and Mission College need major. repair, renovation and upgrading. Job training facilities are outdated and in some cases obsolete. Although well maintained, these educational facilities need updating to provide for ongoing educational needs of students who will transfer to four year colleges and citizens needing job training and career advancement courses. The cost of this bond measure is small, about $14 per year per $100,000 of assessed valuation (not to be confused with market value). This is tax deductible. State law requires a specific plan for use of these funds. Only repairs and construction essential to maintain quality educational programs are included. There are no frills, no expensive wish lists, no blank checks. By law, no funds may be used to pay administrative salaries or benefits. Funds can only be used for facility improvements. Passage of Measure E will qualify our community for state matching funds that would otherwise go to other community colleges in other parts of the state. Passage of Measure E will ensure that our community colleges have the necessary facilities students need to face the challenges of a competitive job market and economy. Measure E has earned the support of both Democratic and Republican leaders. Nurses, police, firefighters, emergency medical workers, and those served by these professionals, are some of the many Santa Clara Valley residents who will benefit from improved community college classrooms and facilities. Please vote yes. s/ Elaine Alquist, Assemblywoman s/ Michael E. Fox, Sr., Business & Community Leader s/ Joan Sarlo, Founding Faculty -West Valley College _J file//C:\WTNI)OWS\Temporarv%20Internet%20Fjles\OLKS?F~.\srfll4-Atf~..htm ~/1/~~ VOTER INFORMATION PAMPHLET Vote "NO" on this three quarter Billion dollar, new tax, bond measure. This is greed not need. This District has not been fiscally responsible and its academic pertormance has been deteriorating. Send a clear message -Unjustified spending of public funds must stop! s/ Charles Butte~eld, Campbell Voter s/ Leslye G. Fazio, West Valley Homeowners Assoc. s/ Victor Mania, Former Trustee -West Valley-Mission Community College s/Scott Runde, President -Primavera Homeowners Assoc. of Santa Clara s! D.N. Davis, Santa Clara Voter Page 5 of 5 s/ William H. Cilker, Senior Citizen/Community Leader s/ Chris C. Constantin, Former Studentlfrustee file: //C'~\WINDOWS\Temnorarv%20internet%20Files\OLK82F2\sr0] 4-Att2.htm 2/1/02 SARATOGA CITY COUNCIL MEETING DATE: Fehruary 6, 2002 AGENDA ITEM: ORIGINATING DEPT: Administrative Services CITY MANAGER:/~/~,~~ PREPARED BY: DEPT HEAD~iL-~.-- SUBJECT: Mid-Year Budget Amendments for Fiscal Year 2001/02 RECOMMENDED ACTION(S): Adopt the attached Resolution making mid-yeaz adjustments to the Fiscal Year 2001/02 budget. REPORT SUMMARY: The accompanying presentation highlights the City's mid-year review process that included a detailed review of all revenues/resources and a close look at expenditures/uses to-date and the changes or modifications we believe are necessary between now and fiscal year-end. The reassessment of revenues involved developing atwo-year history of major and other significant revenues, evaluating current conditions and anticipating future trends in an effort to develop reliable year-end totals. Expenditure analysis and review requires all departments to evaluate their programs and to communicate any unforeseeable conditions unknown during the last budget cycle. In addition, programs that had a significant reduction in scope or a reduced need were modified. The recommended budget adjustments reflect significant changes that more accurately portray the City's anticipated resources and approved program expenditures/uses. FINANCIAL SUMMARY As mentioned in the Mid-yeaz financials reports (approved January 16, 2002) the City remains in ' a strong fund balance condition. The proposed budget adjustments primazily reflect the following: 1. Beginning Fund Balance Adjustment - As you may recall, the year started off with a surplus of $2,966,627, of which $1,649,542 was attributed to the General Fund. Adjustments reflect actual fund balance determined during the City's annual audit. 2. Revenue Projections.- General fund operations continue favorably with total revenues at 50.5% and expenditures at 48.5%. Although the City has experienced decline in some tax revenues, such as transfer, construction, and transient occupancy, we have been fortunate to have other revenues such asrefunds/reimbursements, fines, and donations that offset. Net revenue adjustments to the general fund, $101,771, reflect a reassessment ' of these revenues. Revenues most significant to the general fund's stability include property taxes, sales. taxes, and motor vehicle license fees, which make-up 58.4% of the budget. The projection for property taxes has increased by $20,605 reflecting a recent formula change on how TEA revenues aze distributed to .cities. Sales- tax reflects an 11 % decline in the first-half of the yeaz of activity that has also been applied to the year-end projection. Motor vehicle license fees remain as projected since the recent incentives for car sales seem to have offset the decline experienced in the third quarter, 2001. Adjustments to the Development Services Fund primazily reflect early revenue spikes in geology review and engineering fees resulting from the Sobrato project. Community development revenues such as planning fees and building permits have experienced significant decline in activity. Fortunately, it is projected building permits and plan check fees from the Oddfellow project will balance out the decline towazds the end of the fiscal year. 3. Expenditure Estimates - A general fund adjustment of $71,925 reflects a shortfall in the amount budgeted for the two additional traffic officers approved in. the prior mid-year budget. The Sheriff's office, in submitting their annual budget request rolled over the prior partial year budget for this item, shorting the program by one-half of a years funding. The Streets and. Roads fund reflects an expenditure reduction of $3 million reflecting anticipated delays with the Quito Road Bridge; Cox Avenue, EI Camino Grande, and Saratoga-Sunnyvale Enhancement projects. General fund support of $1.5 million will be retained in the general fund till fiscal year-end. These projects will be re-appropriated. in the CIP budget next. fiscal .year. This segregation from the operating budget will avoid budget adjustments of this magnitude in the future. Projected Ending Fund Balance, June 30, 2002, reflects all previous budget amendments since adoption as well as the adjustments mentioned above. FISCAL IMPACTS: Discussed above. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): 2 of 3 None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Accept and file the reports. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: A. Budget Adjustment Resolution B. Mid-year budget presentation . C. Mid-year budget detail to resolution and presentation 3 of 3 RESOLUTION NO.O - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAHING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2001102 BUDGET. WHEREAS, the City Council adopted Resolution No 01-36 adopting the budget for Fiscal Years 2001-02 and 2002-03 on June 6, 2001; and WHEREAS, subsequent to the.adoption of said Resolution, the City Manager has recommended adjustments to the City's budget that reflect revised revenue/resource projections and expenditure/use estimates. NOW, THEREFORE, The City Council of the City of Sazatoga hereby resolves the following mid-year amendments to the 2001/02 fiscal budgets: Fund & nescription 001 General Fund 10,425,256 8,446,389 69,917 6,534,428 8,9SS,768 3,451,366 Revisions 1,649,540 101,771 71,925 (1,419,397) 3,098,783 Total General Fund 12,074,796 8,548,160 69,917 6,606,353 7,536,371 6,550,149 Special Revenue Funds 100 COPS Sup. Law Enforce. 44,119 100,000 12,236 114,292 42,063 Revisions 43,385 43,385 Total 87,504 100,000 12,236 114,292 ~ R 85,448 150 Streets & Roads 1,806,000 3,552,354 3,316,274 9,7S7.S24 (1,082,896) Revisions 315,460 (1,500,000) (3.000,000) 1,815.460 Total 2,121,460 3,552,354 1,816,274 6,757,524 0 732,564 180 Landscape/Lighting 116,339 192,593 .206,697 102,235 Revisions 19,995 19.995 Total 136,334 192,593 0 206,697 0 122,230 250 Development Services 1,461,334 1,616,000 ~ 1,885,U3 1,192,101 Revisions 277.315 169.780 447,095 Total 1,738,649 1,785,780 0 1,885,233 0 1,639,196 260 Environmental Pro@. 384,832 -563,613 774,223 82,347 91,875 Revisions 370,SIS 370.SIS Total 755,347 563,613 0 774,223 82,347 462,390 270 Flousing & Comm. Dev. 119,659 183,874 15,359 266,504 52,388 Revisions (95,010) 42,622 (52,388) Total 24,649 183,874 57,981 266,504 0 0 290 Recreation 733,000 186,725 920,925 (1,200) Revisions 1,200 (30,000) 30,000 1,200 Total 1,200 703,000 216,725 920,925 0 0 292 Facility Operations 135,000 140,041 275,041 Revisions 2,795 (10,000) 7,205 0 Total 2,795 125,000 ]47,246 275,041 0 0 293 Theatre Ticket Surcharge 25,000 25,784 SS,665 (4,881) Revisions 4,IOS 776 4,881 Total 4,105 25,000 26,560 55,665 0 0 TOTAL RESOURCES Beginning Revenues Revenues Transfers In TOTAL USES Ez enditures Transfers ' Out Ending Fund Balance Total Fund Appropriation 18,941,562 20,692,873 156,355 199,740 8,674,628 7,490,088 308,932 328,927 3,077,334 3,524,429 948,445 1,318,960 318,892 266,504 919,725 920,925 275,041 275,041 50,784 55,665 • Fund & Description Capital Project Funds: 310 Park Development 1,012,964 207,000 910,110 951,350 (641,496) Revisions 936,605 41,400 978.005 Total 1,949,569 248,400 0 910,110 951,350 _336,509 320 Library Expansion (4,000,000 14,000,000 Revisions 47,470 163,275 210,745 Total ]4,047,470 163,275 0 14,000,000 0 210,745 Total Fund Appropriation 1,219,964 2,197,969 14,000,000 14,210,745 AND BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regulaz meeting of the Sazatoga City Council held on the 6`h day of February 2002 by the following vote: AYES: NOES: None ABSENT: None ABSTAIN`. None Nick Streit, Mayor ATTEST: Cathleen Boyer, City Clerk TOTAL RESOURCES Beginning Revenues Revenues Transfers In TOTAL CtSES Ez enditures Transfers Out Ending Fund Balance O ~~ L ~ ~ 1 ^~ V • t!') Q~ i ~ ~ ~ ~ .O ~ V ~ .~ V cn O ~ ~ a ~ ~ ~ m ~ .- w ~ ~ ~ > ~ ~ ~i ~ w ~- O W U W .~ .~^ ` MW W -{-~ L V .~ V c cv .~ .~ .; ^ a.,.- L 0 .~ N ~- r- M .-. ~ tC ~' N 00 00 O N V ~ ti O N O ~ C O ~ ~ M r ~C R d' M M r- N tC •i CO 07 O Cfl C7 ~ ~ N ~ CO M ~t N tf1 v d ~ O M N N ~ ~ N N O N 1~ Rf ~ ~ N (V ~ e- N M c- Cfl M m N ~ O O O M ' LJJ O M ~ M a c ~ oo 'Cr ~ M ~ r r O O ~' 00 N ~ O t~ O O N N M C N t6 ct O ti M O 00 ~ +•+ 0 00 O •M N Q ~ ~ ~ M M ~ N U r C ~ ~ C O ~ F- ~ .~ ~ ~ ca (n °2S C ~ U _ ~ N 3 ~ Q N ~ i ti (.~ cn U ~ F- CJ i V _ .-. .-. O ~ ~ ~ O ~ ti N O N m ~ ~ ~ ('a m ~ O ~ O N ~ ti U ~ N ~ `~ Q m ~ U C ~i r O N ~ J N L Q O .~ N U U O W cN O C~') N .~ C6 • (/) W I ^L W ^~ W V x a J O H ' o ~ N io 0 0 0 0 0 N N N ~ O O iO O' O ' ~ N N ' I~~j, a4 ~n T~ i.,,a //II b YJJ qa y G~ o$ ~o ti 'rJ ''a as 6,~6 T' n °o °o °o °o o °o °o °o o ° 0 0 0 0 0 0 0 0 0 000 COO VO' N O oO0 COO OV N - . n ~J L N Q ^~ 11 L n~ rPI V x g a a ~o ~ N' '0 0 0' 0 0 0 jN N N', ~ O r O O O O O O ~~- N N °o °o °o °o °o °o °o °o °o ° 0 0 0 0 0 0 0 0 0 °o °o °o °o °o o° o °o °o W 00 I~ O to ~ M N ~ aG ~n T~ /r,~a b ~~~~ 9a y ~~ J~ 7~ ,lJ ~a °~S 6~ b T~^ ~~ ^~ W Q m 1"'i O N N Q Q ~ O N U ~ ~ C . ~ ~ Q fa ~ Q L ~ ~ ~ ~ r-I ~ O ~ _ Ln _ ~ ~ ~ ~ ~ O ~--I V .~ ~ ~ ' ~ ~ ~ V ~ ~ ~ ~. C7 ~ o, ca ~ ~ ~ a~ o N ~ ~ ~ ~ ~ a~ ~ ~ ~ N . a O is ~ ~ w ^ ^ O ^ fB i 0~ U C O a • i ~ L W ^~ W O ~- ~ N I~ ~A .a C CO d' I~ O N ~ _ .O r 00 0O ~ O ~ L ~' V op ~ O d' r ~- ~ O ti O r r ~ ,~ ~ Cfl ~ C4 N ~A } ~ ~ ti ti a r ~ o ~ cc C ti ti O N .y ' O ti O 00 ~ ~- N N ~ O r O N ti 07 ~ 00 M cfl 00 O O O tC) N O ~ I~ ~ r,,, d O M O d' ti N ~ ~ f~ f~ 07 O C7 ~ ~ 'a' M O CO N 1~ Q m O ti N 00 ~ N C U +~+ ~ ~ C O ~ v ~ F- ~ ~ Q ~ ~ ~ ~a ~ °~ -a C N ~ U N ~' ~- +. ~ +~ ~ .~ u. ~ C~ Q. cn ~ U ~ ~ L H O O O 0 O O O O O O U c~ N U ~~ c1) n~ W V m m m L ~1~ U x H e •~' $ d . O ~ L a s ~ O `- x ~ o 0 d ~ d ~_ ~~ ~~ s~~ 0 N ~~ N W ~ ^, W U ~ . ~ ~ p ;"' p 00 .~ ~ ~ N M U 0 > ~ cv ~ V ~ ~ c ~ °~ ~ o~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 ~ cB ~ N ~ N N aJ v ~ Q ~ ~ ~ u--. N ~ p ~ ~. / 'C ~ ,v ~~ U ~ O ~ ~ ~ ~ ~ ~ _ ~ L Qfl- ~ .~ U ~ p Q~ ~ a--+ ~ ~ ~ ~ V N ~ ~+ ~ ~ ~ p d O . ~ C i - ~ p Q~ ~ V •~ ~ ~ L L Q~ ~ V ^ ^ ^ .. :...... . ''W^ ^V // W V J .V W L I LL ^~ W V O o ' O o ' N N O ' N I O O ~ O O O O O O ~- N N I i W J W U_ uT] 0 H aG ~~ T~ ~.,,~, b ', (/j/g 9a vv y G~,~ J~ ~O ~j ~~ as 6~b T ~~ 0 0 0 0 0 ° 0 0 0 0 0 0 0 0 0 0 ~n o ~n o u~ N N ~ ~ ~ ~ V V ~ ~ .. •,--~ O c L fl.. ~ ~ ~ C r/ v , ~ i V -1-, ~ ~ ~ ~ ~ ~ a-.i ~ ~ ~ ' O O v (~ U i O ~ V= ~ O `+- ~ ~1 \ / '~ ~ ~ ~(n N ~ -~ ~ V oZS O .Q u- ~' I ~ ~ ~ (n ~ 'o ° ~ • ~ ~ . ~ ~ ~ ~~ ~ Q. Q~ • L O ~ ~ ~ ~ o ~--~ z ~ ~ ~ ~ ^ ^ L .~ m ^ 0 U N O L Q c~ N O ~~ ~ V N (~ L U .~ .~ ~ ~ ~ N 'o U p_ N ~ ~ • i i°o 0 0' 0 0 0 I N N N i ~ i O O ~ 67 O O . O O O ~ N N .U L ~~ Q n~ \W /'\ W ~~; n LL2 O (7 aG 7~ T~ /ii0' b ~~~~ 9y G~ J~ ~o ti 'rJ '~aa s 6~b ~~~ 0 0 0 0 0 0 0 0 °o_ °o_ o°_ °o_ °o_ °o_ °o_ ~ CO t~ ~ M N O ~'~ -- i.. .~ O V ~ ',~ (!~ z ~ z .U a j a (3..~ V1r ~J Q. n~ W\ ^/, W ° ~ 0 o I 0 0 0 0; ~N N N', ~ O '~ I ' O O O ~ ~ M N ' j I. 00 °o °o °o °o °o °o °o 0 0 0 0 0 0 0 0 00 ~ (p ~ d°' OM N O aG 7n T~ i.,,o, b ~'o~~ 9a y ~~ J~ ~O ~j ~a as 6~ b ~~n ILJ ^~ W .~ O ~/ V ._ i Vl' r f Q ^~ W ^~ W I^ V z J m v~ n O r N O O O N N N ~ O e~ 'CA O' O' j CS) O O ~ N N i I! aG ~•~^ /~ ~'~a b ~J~ 9a y G~ J~ 7~ 'rJ ~a as, G~ 6- T~n o° °o °o o° o° o° °o °o ° 0 0 0 0 0 0 0 0 O cl' N O 000 COO ~ N r r r • r u -~.-~ L U N OC N -I--~ c O v 'o a~ N DC ^ O O O O M ~Efl- c c~ a fl. a~ V °o 0 ^ O r N I O O O. N N N i i. ~ ~ O ~ ' V ~ O O ~ N' N i ~i i ~\ .~ V Y 0 ._ L U N .~ R J a J U li ~---1-- O O O O O O O O O O O O O O O O O O O O O O O O O GO 1~ ~ (D ~ V' M N s- aG o,, T~ ~'~a b ~J~ 4a vv y G~ ~$ ~O ti ,lJ ''a as 6~b T~ n ~J ~.,J Y/ ~..n L N ~ ~ _ ~ i _ `~ ~ ~ O +~ ~ L ~ f6 ~ V ~ O oZS ~ = w ~ w W ~ ~ J ~ W ^ ^ L ~_ •~ .4.J '~"~ ~ ~ 'o `~ ~ °~ Q °' ~ I I ~ ~ O O V U ~ ~ ~ ~ ~ O O .~ d- M *-i ~ ifl- ^ ^ U 0 ^ ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ C ~ ~ ~ ~ ~ N Q m ~ ~ ~ ~ rn i~ ~fl- ^ C~ V _~ V ~O ~ V = ~ ~ m Y ~ N O O CV O M ~ ^ O ~ r- O ~ ~_ ~/~ W N 00 r- d' O /yam d'. ~ N ti d' ~ O O N O ~ I~ O O O O O 00 O to Ili d' r w `- N M M O O Cfl ++ 00 d- ~ 00 ~ C ~ r- ~ N O ~ , ~ 00 O 00 CO M ,, Z N ° ~ r- a~ ~ M N ~ ~C .a Q J ~ ~ = j U E-- ~ ~~ a, ~ ~ ~ ~ Q ~ ~ U ~ m ~ ~ Z ~ ~ Q. ~ ~ L ~ C~ to U 0 1- r i s ^V ,/ \W L V O OD r ~ O M r CO O CO ~ ~ ~ +r p~ CO ~ p~ N to O O O O C N ti O O oD r N O N 00 ~ . -p ~ ~- I,() M ~ O 00 _ O _ 00 r O ~ ti r O ti ~. ~ M O M r N m 0 O aD O O N ~ I~ O m ~ N •- ~0 CO r tD N A M N ~ m U ~ Q ..~ ~, ~~ ~~ .N ~ ~~ ~, a~N Q a ~ 'y U r 3~ cA ~ ~ O V ~ ~ O m ~ f~6 ~ N ;«~-. ~ ~ f6 O _ L (0 N N O H O ~ C fC d iri ~ >, NZZ ~ ~ SOW E- ti ~ Q O ~ ~ s • CITY OF SARATOGA, CA MID-YEAR BUDGET REVIEW FISCAL YEAR 2001/02 (DETAIL TO PRESENTATION) L_ L~ CITY OF SARATOGA SUMMARY OF BUDGET ADJUSTMENTS GENERAL FUND MIS REPLACEMENT FUND PERS RETIREMENT FUND TOTAL GENERAL FUND SPECIAL REVENUE FUNDS: 100 COPS SUP. LAW ENFORCEMENT I ]0 TRAFFIC SAFETY SRF 150 STREETS&ROADS SRF 160 TRANS DEV ACT SRF-CAP PROJ 170 HILLSIDE REPAIR SRF 180 LANDSCAPE/LGTNG SRF 250 DEVELOPMENT SRF 260 ENVIRONMENTAL PRG SRF 270 HOUSING & COMM DEV SRF 290 RECREATIONSRF 291 TEEN SERVICESSRF 292 FACILITY OPS SRF 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REV. FUNDS CAPITAL PROJECT FUNDS: 10 PARK DEVELOPMENT 20 LIBRARY EXPANSION xx TOTAL CIP TOTAL SPECIAL REV. FUNDS DEBT SERVICE FUND: LIBRARY BONDS DE$T SVC AGENCY FUNDS*: 420 LEONARD ROAD DEBT SVC 720 C.A. TV TRUST FUND 730 PARKING DIST #2 DEBT SVC 740 PARKING DIST #3 DEBT SVC 800 DEPOSIT AGENCY FUND 990 SARATOGA PUBL FIN AGNCY TOTAL AGENCY FUNDS TOTAL ALL FUNDS AMENDMENTS TO ADOPTED BUDGET REVENUE EXPENDITURE TRANSFERS $177,198 $391,645 ($5,295,000) $177,198 $391,645 ($5,295,000) $2,056 1,460,148 8,411 125,838 1,200 4,881 SO $1,602,534 $0 6,840,000 $410,110 13,086,350 ($951,350) 6,246,350 $6,840,000 $13,496,460 $5,295,000 $0 $0 $0 $7,017,198 $15,490,639 $0 ~J • BUDGET AMENDMENTS YEAR-TO-DATE F z CW G Q ~ C`J ^7 ['? ~ ~_ (in ri Cyr } (s. t" U } N_ Q C~ G 0 0 O m N W ` t D rn O r W W 0 0 W T U a ri m~mom co v a o co Z ~ r N N r t0 c0 _ ~ ~ O r Q an o~rnrn~-rn m v a m m J ~ a o ~ .- M co m m Q m ~ th ~ m Q ~ 0 N M ~ ~ n O ~ r ~ V r ( O f O i 0 ~ LL d 0p N 0 n n N O ~ 0 0 N ~' O I~ O n CO a O 01 O 0 0 o m n o rn m c- m m ~ ~ M N N ~ Of n n O tG a ~ c o n M rn ~ 0 0 0 0 0 y 1(f I~ V I~ ~ O 0 0 O w W N M O 0D M M O O 0 ~ y ~ O IN 0 D T In V C O M `-' 0 r 0 W N N • ~ ~ 00 M v M (O 0 ~ W ~ ~ y OD V M M t* (O O O O O O N N N 0) N N M N to r r ~ O In 10 Dn N ~ ~ ~ e} ~n N N W V M H O M O fq O a0 m w e{ 1~ 0 V V M ~(f O O (O d ~ Qi Oi ~ : M ~mm~~ o ~ow m mn o Q O 0 r m n v (O 0 m 0 0 0 t0 r CA W d t0 m ~-- r t} ~ M n O ~ r ~ N R X J W Q ~ ~ " ~ D7 V O M O V ~- O O O N n Cn 00 ~ O O 01 t0 O O O D) N tD LL 3 f`7 M O (O n ~- 00 O O O 0~ n C O N (O M m N M r o n a n m m c ~n co~nro n o v v mo <o > V ~I'1 (O 0 m O M N N O O N n ~ CO M ~ n (O n N y y y R W C C y °' `° a a U ~ > > O y N N N g p_ y ~ a (n y ~ .y J >~ a+ > LL 0) N c ~ ~- ~ O) ' ~ N 0 x V ~ ~ ~ ~ O ~ ~' U d y~ is ~ N o!f T a o ~ d . Z C y 0) C 0) 6 N ~ p ~ 7 i ~0 ~ o ~ w a n H u . U OF C7 m W ~ m O O n N U a i 6 ( O MtOV o i no d J ~ M ~ O r d i O Q £ M v m Q 0 Z "°'~°~ ~ LL y 00 N m O O N o ~' a O V O O co m rn IA m O rnrnr rn ec Q ~ o 0 0 y In 0 O d ~~o '~- y ~ O to N m O = O M N ~ N M 0 F ~ .... W ~ ~ y O O O N N N ~ 0) ~ N (O m 0 ~ m Y V M V 0 O_ V tC~ CO V m O T ar :~ M O O m 1~ ' O Q u~t! )rnco~ m W O O V r . N V X J W Q U N rn.-oNn m W M O W N tD lL 7 M W 0 .0 rn n C cD M 1~ V I~ O m v ~ v rn o m > C M O (D N n ~ M r r N y J ~ C U U 0) 0) ~ c ~ O U p d F ` ) ~ a` ~ U°~ ~ m Z m c ~ ' N ~ N p. 03 0) ~ u . (~UUOF- `.J REVENUE ANALYSIS REVENUE ANALYSIS I. GENERAL FUND Property Tax: Projected year-end is $2,117,003. Adopted budget was $2,096,398, and prior year budget was $1,777,705. The I% Property Tax is paid by homeowners and businesses to the County based upon assessments made on land and structures within the City. The Tax Equity Allocation (TEA) property tax is included in these totals, and will increase $20,605 due to the new formula. The Secured Property Taxes are paid to the City in Dec./Jan. and Apr./May. TEA payments are no longer annual; they are now distributed monthly with the secured/unsecured payments. PROPERTY TAX 001-1040-0I1-01-00 1999-2000 2000-2001 2001-2002 July 3,903 6,651 2,107 Aug 1.612 2,003 5,145 Sept 1,583 2,579 3,013 Oct 134.663 133,618 (69,777 Nov 67,392 65,805 14Q,782 Dec 363,930 531,274 824,]88 Jan 149.862 147,621 Feb 3,369 5,735 March 83.565 82,008 April 241,826 306,532 May 57.563 61,522 June 127.091 138.462 Total 1,236,359 1,487,810 1,145,0[2 PROPB2TY TAX 900,000 800,000 700,000 800.000 500000 400,000 300,000 200,000 700,000 0 1899-2000, 2W0.2007 ~. 2001-2002!' Sales Tax: Projected year-end is $1,203,415. Adopted budget was $1,263,500, and prior year budget was $1,071,357. The City receives I% of the current sales tax paid by consumers purchasing retail items from Saratoga businesses. Revised projection reflects and 1 1 % decline from prior year activity. TOTAL SALES T.AX ' 001-1040-112-OI/02-00 1999-2000 2000-2001 2001-2002 July 80.382 75,068 97,555- Aue 107592 99,324 125,283 Sept 70.416 166.816 69,678 Oa 152.776 85,180 93,898 Nov 102.698 IIQ,903 121,9821 Dec 116.379 150,974 97,275 Jan 82.311 95,357 Feb ~ 108.167 124,354 March 123.615 122.318 April 66,239 81,267 May 85.934 104,242 June 135,366 133.690 To[al 1,231,875 1,349,493 605,671 TOTAL SALE TAX Motor Vehicle License Fees: Projected year-end remains the same as adopted budget, $1,572,500. Prior year budget was $1,406,300. This revenue source is derived from the per capita in-lieu tax allocated by the State of California. Estimates have been provided by the State. 1/31/02 T~~ pj9 cyQ~ CfT tom, ~r )ao F ~yF~c pQa e~A loco MOTOR VEHICLE LICENSE FEES 001-1040-032-01-00 1999-2000 2000-2001 2001-2002 July 132,660 130,642 130,203 Aug 117,308 134,706 209,857 Sept 182,459 147.682 170,531 Oct 121,759 191,760 88.403 Nov 117,151 124,533 159,684 Dec 89,981 115,396 ~. 115,330 Jan 125,245 124,524 Feb 159.403 181,144 March 119,997 123,017 April 141.269 - 153,612 May 123,175 130,023 June 141,478 151,852 Total 1,571,885 1,709,291 874,008 M OTOR VB-0CLE LICBISE FffS Construction Tax: Projected year-end is $597,000. Adopted budget was $400,000, and prior year budget was $400,000. This revenue is derived from a $1 per square foot tax imposed on new construction within the City. The increased estilrlate amount is due to the monthly average, plus $264,148k from the Oddfellows. CONSTRUCTION TAX oovlo4oa13-oz-oo 1999-2000 2000-2001 2001-2002 July 41,726 43,010 60,595 Aue 49.662 53,099 38,245 Sept 27.639 23,279 14,263 Oct 40.301 52,559 28,149 Nov 41.806 49,762 13.187 Dec 92,078 80,166 12,310 ~ lan 9.404 13,727 ~ Feb 4,193 19,190 March 25335 23.372 April 16.345 37,891 Mac 16.527 41,916 Junc 37,214 40.059 Total 406.234 478.030 166,749 CONSTRUCTIONTAX 100,000 80.000 `c 60,000 0 a 40,000 20,000 0 __ _ _ I ___.~' ..I 9 2 ~ j I-2000-2001.1 I. ' ~ 2001-20021, I Trans. Occupancy Tax: Projected year-end is $178,616. Adopted budget was $321,000, and prior year budget was $275,000. This revenue source is derived from a 10% tax charged to lodging facilities for all rent charged. The Inn at Saratoga remits monthly; Saratoga Oaks Lodge quarterly. TRANS.000UP. TAX i 001-1040-413-03-00 1999-2000 2000-2001 2001-2002 July 15,337 21,965 17,592 Aug 19,223 40,847 18,745 Sept 27,027 23.355 11,839 Oct 19.602 22,401 17,324 Nov 18,728 21,167 15.680 Dec 48,455 4!,941 12,651 Jan 15,668 4],449 Feb 32,073 18,128 March 17,685 16,289 April 18,614 19,894 May 14,868 38,263 June 39.806 21,091 Total 290,086 326,790 93,831 TRANS. OCCUP. TAX 50.000 ~,-I ~~ i c 40,000 199&20D0'~ ! o' 30,000 j-2000-2001 ~~ E i a 20,000 ~ ~ 2001-2002 Y 70,000 ~ `' ~ ^ s ,.; 0 s Tv~ P~ e9'Q\ ~` ~ ~ )°° ('~~°~ pia t~j pc° ~ i Months (NOV-Oct) ~I 1/31/02 ,~~~ FJ~~9Q\ a~ ~' fFc ~o Q°°~Fr PQ~\~~ ~c¢ Months (Nov-Oct) AT&T Cable Franchise Fee: Projected year-end is $202,000. Adopted budget was $182,000, and prior year budget was $178,500. This revenue source is derived from a 5% tax for the franchise to operate in Saratoga. .AT&T CABLE FRANCHISE FEE 001-1040-413-04-02 1999-2000 2000-2001 2001-2002 July 14,767 17,197 16,2991 Aug 14,776 17.233 16,650 Sept 15,033 17,250 16,606 Oct !5,367 17,755 17,292 Nov 15,380 18,355 16,5!9 Dec 15,683 18,48] Jan 14,729 18,854 Feb 14,042 18,352 March 15,556 19,781 April 15,207 16,435 May 15,691 16,5!9 June 16,806 16,493 Total 183.037 212,705 83,366 ~ AT&T CABLE FRANCNISEFi£ 25,000 zo,aoo c 15,000 'o a 10,009 5,000 0 lsss-zaoo". -2000@001!' ~ 2001-2002I~ Green Valley Franchise Fee: Projected year-end is $314,540. Adopted budget was $321,300, and prior year budget was $282,296. This revenue source is derived from a ] 0% tax for the franchise to operate in Saratoga. GREEN VALLEY FRANCHISE FEE 001-1040-413-04-02 .1999-2000 2000-2001 2001-2002 July 39,498 38,275 26,5951 Aug 22,589 35,340 42,5% Sept 10.158 16,499 15,386 Oct 43,694 48,337 37,321 Nov 22.317 19,595 32,627 Dec 12.641 16,252 13,767 ~ Jan 27,705 28,454 Feb 32.418 29,109 March 15,321 7,046 April 37.721 38.405 Ma}' 23.394 31,527 June 16.011 17,109 ~ Total 303,471 325,948 168,252 GREFN VALLEY FRANCHSE FEE 60,000 50,000 ae.two '0 30,000 a 20,000 10,000 0 ~H PEA y¢Q` ~` ~~ ~,c ~c ~¢e ~.c PQC ~A ~c¢ t~ Months (NOV•Oct) II. DEVELOPMENT FUND 7898.2000 -zooo-zoot ; ~ 2001.2002!! I __ Geology Review Fees: Projected year-end is $105,000. Adopted budget was $65,000, and prior year budget was $65,000. These revenues vary according to the building activity within the community. The increased estimate is per John C. - Sobrato. GEOLOGY REVIEW FEES 250-3035-443-01-00 1999-2000 2000-2001 2001-2002 July 4,123 5,419 18,848 Aug 969 12,665 11,783 Sept 20,094 6,000 18,053 Oct 5.461 13,200 15,634 Nov 645 7,000 3,500 Dec 9,231 3,500 3,500 Jan 4,522 Feb 1,347 2,500 March 0 6,466 April 0 2,965 May 2,500 16,184 June 62,411 4,976 Total 111.303 80,875 71,3181 G(~LOGY REVIEW Fff5 7o,aoo 60,000 50,000 40,000 30,000 20,000 10,000 0 799&2000• - zoao-zeoi 2001-2002 ~. )¢H P¢A ~Q. ~~ ~a mac, )¢c F¢~~¢° PQC ~pA ~c¢ Months (Nov-Oct) )¢-~ P¢q ~~ ~\ ipa ~ )¢c Qm~Nr p90 ~A )JC¢ Engineering Fees: Projected year-end is $270,000. Adopted budget was $60,000, and prior year budget was $60,000. These revenues vary according to the building activity within the community. The increased estimate is per John C. - Sobrato. ENGINEERING FEES 250-3035-043-02-00 1999-2000 2000-2001 2001-2002 Julv 104.674 37,081 6,830 Aug 300 2,040 75 Sept 5.374 10,888 195,572 Oct 1.250 4,838 2.219 , Nov 3,656 7,956 Dec 25 4,259 8,756 Jan 0 25 Feb 5 (7,847 March 630 100 April 1,200 11,900 May 39,445 13,134 lone 3.134 1,590 Total 156,033 107,362 221,408 ' BJGINl~21NG Fff5 Planning Fees: Projected year-end is $250,000 reflecting the significant decline experienced during the first semester. Adopted budget was $396,000. These revenues vary according to the building activity within the community. It is anticipated that activity will pick up during the second semester, similar to prior year trends. PL4NNING FEES -~ 250-0OI 0.444-O1-00 I 1999-2000 2000.2001 2001-2002 Juk 32,050 31,450 20.8501 Aue 44 400 24,500 36,000 Scpt 44.000 43,000 1±,400 Oct 33.000 37,091 5.200 ! \u~ 14.000 25,640 11,450 Da 27.200 75,503 15.000 i Ian 25>50 23,133 ' Pch 2R.700 30,700 March 41,100 11,000 .\pnl 21,065 ~ 39.500 Ma. 42.468 24,100 Junc 30.550 50,790 i '(mal 392.083 416,411 103,900. ~,. _-_-_--PLANNING FffS ~----~ ~' 80,000 ' 70.000 60.000 50,000 ~ - 79942000 j'~ 40,000 ~- 2000-2001~~ ', 30,000 2001-2002 20,000 J, 10,000 I o ~~N P°0 9eQ~ ~} 2P> ~c Syc Qe~° `~° pQ~~ ~9 0~° i t~ Building Permits: Projected year-end is $1,027,780. Adopted budget was $967,000. These revenues van accordine to the building activity within the community. The increased estimate is due to the avera_e amount plus $177,699k from the Oddfellows. PERYI ITS-BL!ILDING 2504015-422-01-00 1999-2000 2000-2001 2001-2002 Juh 93.427 66,417 113,986 Aue 111,468 140,188 91,5371 Sept 97,964 86,947 41,2461 Oct 81,746 123,753 62,5351 Nov 94,100 92,113 45,047 Dec 110,134 119,586 28,957 Jan 50,659 62,124 Feb 57,059 64,138 March 74,734 68,142 April 79,440 126,324 May 87,177 117,061 June 144,421 89,751 Total 1,082,329 1,156,544 383,308 PHtL1ITS-nULgNG 160,000 tao,ooo 720,000 ~ t00p00 80,000 i 60,000 40,000 'I 20,000 0 s~H P~9 epQ` d'` [w' eF~`' Sa° 'F~O~p°° PQ`~P ~'~ So°m Grading: Projected year-end is $45,000. Adopted budget was $40,000, and prior year budget was $60,000. These revenues vary according to the building activity within the community. There is a moratorium from 9/15 -4/15. GRADING 250-4 015-422-02-00 _ _ 1999-2000 2000-2001 2001-2002 July 5.723 1,200 7,625 Auk 3.292 IQ,025 17,500 Sept lI,5S0 6,150 S,I00 Oct 5,386 23,975 9,000 Nov 0 0 0 Dec 1,000 0 0 Jan 850 0 Feb 1,275 0 March 1,424 1,725 I, April 3,000 3,375 ~ May 0 2,275 I June 3,650 2,275 Total 37,180 51,000 39,225 GRADING III. ENVIRONMENTAL PROGRAM FUND Environmental Fees: Projected year-end remains the same as adopted budget, $533,613. Prior year budget was $522,490. Revenues are from a surcharge on Green Valley Rubbish Companies for rubbish collection in the City. ENVIRONMENTAL FEES '. 260-5005-444-03-00 1999-2000 2000-2001 2001-2002 .IUW 71.764 68.977 46,924 '~, Aue 48.701 74,809 69,109 Sept 27,048 40.264 35,509 Oct 80,502 76,270 57,549 Nov 44,401 40,688 59.261 Dec 29,831 36,069 31,309 Jan 53,740 47,227 Feb 58.355 47,943 March_ 36,702 13,712 April 65.394 58,744 i May 50,983 50,085 June 38,585 38.915 i Total 606,006 593,703 299,661 199-2000i~ 100.2007 i 107-2002' ENVIRONMB~fTAL F(FS 90,000 80.000 70,000 " 60,000 I ~ 50,000 E 40,000 30,000 20,000 70,000 0 IV. RECREATION FUND ....._, _. .-.,.- I ,.-__~_... ..._r._ _ i _._ I i i ~~ i i ~ i i ~ i r ~ I Months (NOV-Oct) I- 1999-2000~i' i ------ 2000.2001 !' 2001-2002 Camp Fees: Projected year-end remains the same as adopted budget, $150,000. Prior year budget was $131,300. This revenue source is derived from fees charged for camps for children that are held at various times throughout the year. 1/31/02 CAMP FEES 290-6005-445.02-00 1999-2000 2000-2001 2001-2002 July 8,666 16.744 7.115 Aug I,S02 7,681 919 Sept 4 0 0 Oct 3,323 0 0 Nov 4,183 1,756 3,290 Dec 2,307 8,768 5,256 ]an 0 Feb . 2,561 2,657 March 51,153 55,678 April 28,696 24,578 May 38,810 24,998 June 14,784 1!,377 Total ]55.989 154,237 16,5801 CAMP FffS 60.OSU - i 50,000 I 40000 ~! i-1999.2000;. 1 30 000 ;, r - 2000.2001 ~ ` ~ `~~ 2001.2002; 20,000 k1 10.000 _ '. 0 '~ )~c6 P~0 ~Q~ ~~ ~'~' tf~ )ac 'cmo~°r PQi~ ~A )oce Class/Special Events: Projected year-end is $395,000. Adopted budget was $425,000, and prior year budget was $425,000. This revenue source is derived from classes and special events for all ages that are held at various times throughout the year. Fees offset the direct costs of providing program services. The estimate has been reduced by $30,000. CLASS/SPECIAL EVENTS 290-6005-445.04-00 1999-2000 2000-2001 2001-2002 July 11,072 13,925 17,046 Aug 67,015 65,739 59,595 Sept 29,305 32,109 29,592 Oct 9.763 15.886 18,169 Nov 13.217 9,801 10,095 Dec 37.014 42,910 49,555 Jan 56,204 47,782 Feb 6,159 8,777 March 67.082 60.557 April 25.382 35,831 Mac 28.674 33,683 June 3.227 15,432 Total 314.114 382.432 184,052 V. FACILITY OPERATIONS FUND CLASS I SP~IAL EVBbrS I 50,000 ~ 70,000 ii i 60,000 i so,ooo ~ 40,1100 30,000 ` 20,000 10,000 0 997 &2000 -- zooo-zoo~ 2001-2002 Building Rent: Projected year-end is $125,000. Adopted budget was $135,000, and prior year budget was $120,000. These revenues are from rent charged on the use of various City facilities. Fees offset the direct cost of providing program services. The estimate has been reduced by $10,000. BUILDING RENT 292fi001-462-03-00 1999-2000 2000-2001 2001-2002 July 11,755 13.496 9,128 Aug 14,848 8,532 15,380 Sept 11,753 10,461 7,6001 Oct 6,231 9,236 4,875 Nov 16,091 13,079 14,727 Dec 11,201 3,397 9,392 Jan 9,422 12,492 Feb 5,089 14,378 March 15,376 4,304 April 9.481 14,952 May 13,111 13,512 June 10,989 14,533 Total 135,347 132,372 61,102 BULgNG RB4r 1/31/02 In )uN Qp05eQ` (f` t'o, DQ'~ )ac ~yo ip~t` QUO i Jae P ~ ) CITY OF SARATOGA REVENUES PROJECTED TO JUNE 30, 2002 u 100,000 100,000 100.0% 148,500 49,534 33.4 3,552,354 273,730 7.7% 54,727 38,254 69.9% 2,500 0.0% 192,593 54,363 28.2% 1,616,000 858,169 53.1% 563,613 268,370 47.6% 183,874 507 0.3% 733,000 293,468 40.0% 66,700 16,726 24.2% 135,000 61,076 45.2% AMENDED BUDGET 12(31)01 50% of Year TITLE (if different) ACTUAL Expired REVENUE OVERVIEW BY FUND 001 GENERAL FUND S SPECIAL REVENUE FUNDS: 100 COPS-SLESF FUND 110 TRAFFIC SAFETY FUND 150 STREETS & ROADS SRF 160 TRANSPORT DEVELOP ACT SRF 170 HILLSIDE REPAIR FUND 180 LANDSCAPE & LIGHTMG FUND 250 DEVELOPMENT FUND 260 ENVIRONhffNTAl PROGRAM FUND 270 HOUSMG & COMMUNITY DEV FUND 290 RECREATION FUND 291 TEEN SERVICES 292 FACILITY OPERATIONS FUND 293 THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS: 310 PARK DVLPMNT CAP PRJ FND 320 LIBRARY EXPANSION CAP PROI FUND s TOTAL CIP ~ - TOTAL CAPITAL PROJECTS FUNDS DEBT SERVICE FOND: 400 LIBRARY BOND DEBT SRV FND TOTAL AGENCI'FUNDS 420 LEONARD RD DEBT SER FUND 720 CA TV TRUST FUND 730 PRK DSTa2 DBT SR/AGNCY FD 740 PRK DST:3 DBT SR/AGNCY FD 800 DEPOSITS AGENCY FUND 990 SARATOGA PFA AGENCY FUND TOTAL AGENCI'FUNDS TOTAL ALL fUNDS 5 • 207,000 248,400 120.0% 248,400 163,275 - 163,275 ,840,000 6,840.000 047,000 411,675 198.9% 7,251,675 (YTD) JUNE 30. EST< 5 8,548,160 100,000 148,500 3,552,354 54,727 2,500 192,593 1,785,780 563,613 183,874 703,000 66,700 125,000 25 000 7,503.641 694,592 I - ~ 694,592 11,738 4,200 167,314 0 0°io 11,738 4,200 167,314 24 675 207,927 S~ 24,205,995 1I CITY OF SARATOGA REVENUES PROJECTED TO JUNE 30, 2002 ` (VTD) TITLE REVENUE DETAIL BY FUND GENERAL FUND 001 PROP TAX SECURED/UNSECURED TEA ALLOCATION SALES TAX I% SALES TAX PROP 172 TRANSFER TAX CONSTRUCTION TAX TRANS OCCUP TAX FRANCHISE FEES-PG&E FRANCHISE FEES-AT&T FRANCHISE FEES - Sl WATER FRANCHISE FEES-GREEN VALLEY BUS89ESS LICENSES FEDERAL LAW BLOCK GRANT MOTOR VEHICLE LICENSE FEE OFF HIGHWAY MV FEE HOPTR OTHER REFUNDS & REIMBURSE FINES-FALSE ALARM FORFEITURES SPECIAL ASSESSMENTS (VESSMG) INTEREST RENTALS-CELL PHONE HAKONE R[NT PASS THROUGH SALE OP ASSETS MISC VEHICLE ABATEMENT DONATIONS'YOUTH SPORTS ANIMAL LICENSES FULL SALES GROUND MAINT PAAR RENTAf. PERMIT-ENCRI.1T TOTAL GF.N ERAL FOND AMENDED BUDGET 13/31/01 50%of Year (if different) ACTUAL Expired S 1,489,800 5, 1,145,011 606,598 2,096.398 1,145,011 1,168,500 556,964 95,000 41,552 1,263 500 598 516 400,000 102,035 400,000 166,749 321,000 81,181 1,121,000 349,965 242,500 - 782,000 133,852 99,200 - 113,698 1,572,500 600 118,827 18,000 45,000 295,366 400,000 56,200 15,000 10,000 13,000 160,500 12,500 10.000 5,000 874,007 JUNE 30. EST. 76.9% S 2,117,003 TEA increase 520,605 due to new formula. Increase in AV 0.0% I7% or 8940 mil. In appros 3%increase in, as proj. from MJS 2001 54.6% '(2) 2,117,003 2001 yr end est. 47.7% I1%decline 1st half applied to 2nd haIf2001 adding I/2 of 43.7% proj annualnmv revs=(605,671+688,265*9.249) 47.4% 1,203,415 25.5% (3) 243,5713 mthly avg 20,298, researching missing month 41.7% 597,628 mnthly avg 1st half 2002+826i,148k Oddfellow 25.3% (4) 178,616 applied 1st half 54.7°/ to 2nd half 2001 acmel 31.2% 1,019,820 0.0% (5) 242,500 Due in April -okay as is, based on their annual rev s 73.5% 202,070 95%of 2001 actual-includes intemei 0.0% (5) 99,200 Due in Feb - okay as is, based on their annual rev's 64.1% 314,540 96.5%of 2001 actual-research if due to drop bones/conslr.??? 32.6% 858,310 33.3 % 324,058 bulk ofrenewals in Jan & 524,458 Oddfellow' - 16,698 55.6% (6) 1,572,500 remain as is, assuming trend resuming Io normal 0.0% 600 36.3% 15,700 979,531 51.9% 1,929,556 282,282 237.6% (7) 293,990 mthly avg 13,585 w ezlusion Io 144,555 recvd in July • 16,100 89.4°io 18,000 15,500 34.4 % 45,000 tickets dawn due to increase in tragic enforement eliectiveness 0.0% 295,366 245,861 61.5 % (8) 400,000 remain as is, allocation to funds will reduce amoum ' 36,418 626°io 58,200 ' 5,615 - - 15,000 1,7d8 17.5% 10,000 4,J16 36.3% 13,000 184,250 114.8% (9) 190 000 adjusted. May increase due to waiver of user charges 1,899 15.>_% 12,500 verify with Silicon Velly Animal Control 3,3d1 334% 10000 3,116 62.3% 5,000 28,137 52.1°~b 54,000 828,983 78.6°i° 1420,056 .177,516 50.5% S 8,538,160 • ~1 CITY OF SARATOGA REVENUES PROJECTED TO JLiNE 30, 2002 • (}'TD) AMENDED BUDGET 12!31/01 50% o(}'ear TITLE (f different) ACTUAL Expired SPECIAL REVENUE FUNDS: JUNE 30, EST. COPS-SLESF SP REV FD - 100 MTEREST - 100 SUPPL LAw ENFORCE 100,000 100.000 100.090 100,000 code enforcement officer granC -research 100,000 TRAFFIC SAFETY SRF - 110 CROSSMG GUARD MATCH 3,500 0.0% 3,500 110 FR4ES-VEHICLE CODE 145,000 49,534 34.2% 145,000 research with code enforcement 110 TOTAL TRAFFIC SAFET}' SRF 138,500 49,534 33.4% ]48,500 STREETS & ROADS SRF 150 REFUNDS & REIMB. 259,700 3,883 I.5 % 259,700 ST HIGHWAY USER 2107.5 6,000 6,000 100.0% 6,000 ST HIGHWAY USER 2106 149,550 59,780 40.0% 149,550 ST HIGHWAY USER 2107 251,500 105,530 42.0% 251,500 ST FHWA REIMB. 1,342,000 0.0% 1,342,000 ST 2105 S&H CODE 194,700 80,498 41.3% 194,700 TEA-21 252,705 - 0.0% 252,705 CALTRANS-SARATOGA/SV RD. - TEA-CLEAN AIR GRANT (SIGNALS) 380,000 0.0% 380,000 AB 434 CLEAN AIR GRANT 338,9d7 18,039 5.3 % 338,947 MEASUREB 377,252 0.0% 377,252 TOTAL ST&RDS SRF 3,552,354 273,730 7.7 % 3.552.35) SPORT DEVELOP ACT SRF-CAP PROI IGO TOTAL TDA 51,727 38,254 69.9°.0 $5,727 HILLSIDE REPAIR SRF - 170 INTEREST _ HILLSIDE STREET REPAIR 2,500 0.0°.6 ?500 TOTAL HILLSIDE REPAIR SRF 2.500 0.0% 2,500 LANDSCAPEiLGTNG SRF 180 PROP. TAX 89,404 54,363 60.8% (2) 89.401 SPECIAL ASSESSMENT 101,189 - 0.0% (I1) 101,189 INTEREST 2 000 0.0% ? 000 TOTAL LANDSCAPE/LGTNG SRF 192,593 54,363 28.2°b 192,593 DB VELOPMENT SRF 250 GEOLOGY REVIEW FEES 65,000 71,318 109.7% 4) 105,000 per JohnC -Sobralo ENGINEERING FEES 60,000 221,408 369.0% ~ 270,000 per John C. -Sobralo PLANNING FEES 396,000 103,900 26.2% (12) 250,000 re0eas decline in activity ARBORIST FEE 75,000 34,995 46 7% 75,000 DOCUMENT STRG FEES 13,000 4,015 30.99a 13,000 PERMITS-BUILDING 967,000 383,308 39.6% 1027,780 avg plus oddfellow, b177,699k permits & $84 081 plan check tees PERMITS-GRADING 40,000 39,225 98.1% (13) 45,000 moratorium 9/IS-4/15 INTEREST TOTAL DEVELOPMENT SRF 1,616,000 856.169 53.1% 1,785,780 ENVIRNMNTAL PRG SRF ?60 ST REFUSE SURCHG AB939 30,000 15,632 52.1% 30,000 260 ENVIRONMENTAL FEES 533,613 252,738 47.4% 533,613 ' 260 INTEREST TOTAL ENVIRON PRG SRF 563,613 268,370 47.6% 563,613 HOUSMG&COIvA4 DEV SRF ~"/0 HCD/CDBG/SHARP GRANTS 180,874 - 0.0% 1&0,874 See Paula MTEREST 3,000 507 16.9% 3,000 TOTAL HOUSING/COMM DEV SRF 183,874 507 0.3% 183,874 RECREATION SRF 290 FRIENDS OF WARNER HUTTON HOUSE - - posting ertor in Teen Svc's ?? SPORTS LEAGUE FEES 38,000 32,327 85.1 % 38,000 CAMP FEES 150,000 16,575 I L I% 150,000 EXCURSION FEES 90,000 43,180 48.0% 90,000 CLASS/SPECIAL EVENT 425,000 184,051 43.3% 395,000 reduce by $30k ~~ CITY OF SARATOGA REVENUES PROJECTED TO JUNE 30, 2002 \_J (YTD) AMENDED BUDGET TITLE (if different) REDWOOD SPORTS PREM. TOTAL RECREATION SRF TEEN SERVICES SRF 291 TEEN SERVICES TEEN SNACK BAR WARNER HUITON CONTRIBUTIONS TOTAL TEES SERVICES SRF FACILITY OPS SRF ?92 BUILDING RENT TOTAL FACILIT\'OPS SRF TFIEATER TCK SRCHG SRF INTEREST ?93 THEATER TCK SRCHG TOTAL THEATER TCK SRCHG SRF TOTAL SPECIAL REVENUE FUNDS G\PIT:YL PROJECTS FONDS PARK DVLPMNT CAP PRI FND 310 PAAK DEVELOPMENT LIBR:IR}' EXP:\NSION CAP PROI FUND ??6 LIBRARY 130ND INTEREST '1'OT.\I. C'IP iii 1'OT.AI. CIP RESOURCES "f0'I A1. C\I'Ff:\L PROJF:('TS Fl'SDS D E:13T SF:R\1(T: FOND: LIBKAIt}' I1llSD DP.13f 5R\' FSD J~~~ PRIS'CIP:\I ISTCRFS7 unnR lot\L LntR \Rl lao\D Dt:BI \GF:\C1 Ff'NUti 1 1. ~ ~~ 4RD RU OF H7 SER FUND ~_ ~ sF:R\7('f:S L\SSt:SS DISTRICTS) Ca I \' TRUS 11'L'ND 1\'TF:RESI'1S'CO)fE PRI: USl='_ DBT SRAGNCY FD '?n SERVICES IASSESS DISTRICTS) I'RK DST=3 DBT SR'AGNCY FD 7A1 SER\TC'ES IASSESS DISTRICTS) DEPOSITS AGENCY FUND Ron DEPOSITS SARATOGA PFA AGENCY FUND 99U INTEREST INCOME TOT:\L AGE\'Cl' FUNDS 12/31/0] 150% of Year ACTUAL Expired JUNE 30. EST. 30,000 703,000 55,080 5,000 9.1% 55,080 1,620 11,126 686.8% 1,620 posting ertor - Wamer Hutton comribution?? 10,000 0.0% 10,000 66,700 16,126 24.2% 66,700 125,000 reduce by $IOA 125,000 25,000 25,000 7.503,641 24a4oo (14) 163,215 I3.OAG,35(1 13,498.U25 691,89? ?.700 00°.0 691,89? 0.0°io ?.700 69.1,592 00°ia 4,592 11,738 • ~~ CITY OF SARATOGA REVENUES PROJECTED TO JUNE 30, 2002 (YTD) % Ah1ENDED BUDGET 12/31/01 50% of Year TITLE (if different) ACTUAL Expired GRANDTOTAL JUNE 30. EST. S 30.452.345 REVENUE NOTES: (q Please see summary of budget adjustments. (2) Property Taxes-Secured property taxes paid in December/January and April/May. In addition, TEA distributions will longer be a June lump sum but a distrbuted monthly with the secured unsecured disitibutions. (3) Propem Transfer taxes are lower than originally budgeted due to the decline in real estate transactions. (i) Occupancy fees from the Saratoga Inn & Saratoga Oaks lodge. The Saratoga Inn remits monthly; the Oaks Lodge quarterly. (5) Franchise Fees from PG&E and Sf Water received in Febrrury and April respectively. (6) Motor Vehicle License fees are higher than originally budgeted. (7) Other Refimds & Reimbursements- Law Enforcement refund 5101,001 & ABAG Plan $43,160 received in July. (8) Interest Income is hieher than originally budgeted. Interest will be distributed to funds with earnings. (9) Donations far Youth Sports Fund (10) TDA reimbursements ofS77,644 & 520,610 received in September, 2001. (1 q Assessment Revenues-Paid in December/lanuarv and April/May. (l2) Planning fees are lower than originally budgeted due to decline in new planning applications. (13) Develop.fees-Grading Permit fees remain higher than originally budgeted. (IS) Interest income earned from library bond proceeds in L.A.LF. account. `J ..,,, 15 PROPOSED ADJUSTMENTS AND PROJECTED FUND BALANCE F Z [:7 G J ~ Cc F < ~. ~ ~ V ~. C >. 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O- N^ s E O < J -u R >. a O 9 C E N N V a O c 0 m a m v c '= E .n n A 00 v Q 000000 I ,r~ C~ PROJECTED PAYROLL SAVINGS Payroll Budget 01/02 Year End Estimate Fund Adopted Budget Year end estimate Projected savings General Special Revenue 2,407,150 2,172,912 1,954,465 1,876,717 452,685 296,195 Totals 4,580,082 3;831,182 748,880 io Payroll Budget - As of December 31, 2001 -Summary Fund Program Adopted Subtotal Actual Subtotal Variance General Fund: 001 1005 City Council 15,000 7,500 50.0% 001 1015 City Commissions 92,89A 37,700 40.6% 001 1020 City Manager 291,169 146,602 50.3% 001 1030 City Clerk 76,120 34,100 44.8% 001 1035 Equipment Operations 49,967 19,986 40.0% 001 1040 Financial Management 357,514 134,771 37.7% 001 1045 Human Resources ~ 135,777 58,515 43.1% 001 1050 General Services 17,080 5,984 35.0% 001 1060 Facilities Maintenance 241,611 109,267 45.2% 001 1065 Management Information Systems 168,151 70,891 42.2% 001 1070 Public lnfortnation 7,162 3,123 43.6% 001 2005 Emergency Preparedness 13,514 5,791 42.9% 001 2010 Code Enforcement 40,231 14,218 35.3% 001 2015 Police Services 5,912 2,446 41.4% 001 2025 Animal Control 7,602 3,345 44.0% 001 3030 Parks/Open Space 467,286 157,257 33.7% 001 3035 General Engineering 138,639 12,325 8.9% 001 4005 Advanced Planning 75,104 31,190 41.5% 001 7005 Senior Services 23,035 7,866 34.1% 001 7015 HCDA Administration 15,203 6,690 44.0% 001 7020 Economic Development 93,912 37,426 39.9% 001 7025 Hakone Gardens Park 74,247 32,654 44.0% General Fund Total 2,407,150 939,647 39.0% Adopted Actual Fund Program Subtotal Subtotal Variance Special Revenue Funds: ~ 110 2030 . Supplemental Law Enforcement 47,855 21,973 45.9% Total 47,855 21,973 45.9° 150 3005 Street Maintenance 282,236 130,361 46.2% 150 3010 Sidewalks and Trails 38,306 17,223 45.0% 150 3015 Traffic Control 79,303 36,417 45.9% 150 3020 Flood Control/Storm Drains 95,284 39,002 40.9% 150 3025 Medians and Parkways 63,568 23,017 36.2% 150 5010 Congestion Management 5,779 2,534 43.8% Total 564,476 248,554 44.0% 180 3040 Landscape and Lighting District 51,426 ~ 17,386 33.8% Total 51,426 ~ 17,388 33.8% 250 4010 Zoning Administration 419,298 150,824 36.0% 250 4015 Inspection Services 449,172 177,608 39.5% 250 4020 Development Regulation 72,538 31,790 - 43.8% Total 941,006 360,222 38.3% 260 5005 Integrated Waste Management 3,641 1,541 42.3% 260 5015 Storm Water Management 67,686 24,369 36.0% ToWI 71,327 25,910 36.3% 290 6005 Recreation Services 296,130 138,090 46.6% Total 296,130 138,090 46.6% 291 6010 Teen Services 120,256 54,230 45.1% Total 120,256 54,230 45.1% 292 6020 Facility Rental Services 70,786 31,377 44.3% Total 70,786 31,377 44.3% 293 6015 Civic Theatre Surcharge Improvement 9,648 4,524 46.9% Total 9,648 4,524 46.9% Special Revenue Fund Total 2,172,912 902,268 41.5% ~n ~r . SARATOGA CITY COUNCIL MEETING DATE: Februarv 6, 2002 AGENDA ITEM: ~ l ORIGINATING DEPT: City Manager CITY MANAGER: ~_ ____._ ~. PREPARED B~,'? r '~~ . 5 a,~ -DEPT HEAD: ~ ~~- Paula Reeve SUBJECT: FY 2001/2002 City/County Development Block Grant (CDBG) Contract RECOMMENDED ACTION(S): Move to approve the FY 2001/2002 City/ County Community Development Block Grant (CDBG) Contract, and Authorize the City Manager to execute the Agreement on behalf of the City. REPORT SUMMARY: Saratoga receives Community Development Block Grant (CDBG) Program funds as a member of the County of Santa Clara Community Development Block Grant (CDBG) Joint Powers Authority. As a result, the City is required to execute an annual contract with the County of Santa Clara, the locally responsible grant recipient, outlining the obligations and fiscal responsibilities of each party (Attachment A). The FY 2001 /2002 CDBG contract format has not changed substantially from last year. Discussion at the County level regarding administration of the Housing Rehabilitation component created a delay in the contract preparation. However, City Attorney Richard Taylor has reviewed and approved the document, as have the legal counsels of other participating jurisdictions. The Contract Exhibits will reflect the projects approved by the City Council on Apri14, 2001, as indicated in Attachment B. FISCAL IMPACTS: By the close of FY 2001/2002, the City will be reimbursed $515,449.99 of the $573,815.95 allotment for costs incurred to implement projects in Saratoga's CDBG Program, as indicated in the Cash Control Sheet (Attachment C). Anticipated balances of $25,365.96 in the Low Income Housing account, and $33,000 from the Sanitary Sewer Project, totaling $58,365.96, account for the difference in the amount allotted and the reimbursement figure. The Cash Control Sheet reflects the FY 2001/2002 allocation, and rollover of unexpended funds from previous years. The balance listed above will either be rolled over to use during the upcoming FY 2002/2003 cycle, or transferred into ,t ,- the SHARP Loan account to provide rehabilitation assistance to low-income Saratoga residents. CONSEQUENCES OF NOT ACTING: The City will be ineligible to receive CDBG reimbursements for expenses accrued on approved FY 2001/2002 projects that are underway or completed. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A. ATTACHMENTS: A) FY 2001/2002 Community Development Block Grant County/City Contract B) FY 2001/2002 Saratoga Projects approved by Council C) FY 2001/2001 Cash Control Sheet L_.J • } - ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT COUNTY/CITY CONTRACT Contract No. SA-02-00 THIS Contract is made and entered into by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter "COUNTY"), and the CITY/TOWN OF SaxATOCn (hereinafter "CITY") participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter "CDBG") Joint Powers Agreement. The allocation of funds pursuant to this Contract shall be a grant. COUNTY approved the allocation and disbursement of CDBG funds to CITY on May 8.2001. WITNESSETH WHEREAS, COUNTY has received CDBG Entitlement Program funds from the United States Department of Housing and Urban Development (hereinafter HUD) as an entitlement jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development Act of 1974, as amended; and, WHEREAS, COUNTY has agreed to the use by CITY, as a subrecipient, of a portion of COUNTY'S CDBG entitlement for a housing program to be operated within COUNTY and which shall benefit low and very low income households; NOW, THEREFORE, the parties agree as follows; I. PROGRAM COUNTY agrees to allocate a portion of its CDBG entitlement, and/or program income as defined in 24 CFR 570 Subpart J, "Grant Administration" (570.504), to the CITY, as a subrecipient of the County being the sum of Five hundred seventh three thonsan`7 eight hundred fifteen dollars and ninety-five c~~i~ars ($ 573,815.95 ) for the purpose of reimbursing the City for costs incurred to implement the housing program (hereinafter "PROGRAM"). A lump sum figure is allocated for this contract and the parties understand and agree that the allocation is distributed by the COUNTY through reimbursing the CITY for allowed expenses, and no lump sum distribution of CDBG funds is made at the outset of this contract.. Reimbursement for Fiscal Year 2001/02 shall not exceed the total sum of the .beginning fiscal yeaz Cash Control Sheet (fiscal year CDBG allocation of funds to CITY, and roll- over of unexpended CDBG funds from previous yeazs allocations to CITY). CITY is granted authority to also expend funds for eligible CDBG Housing activities from its approved rehabilitation program revolving loan fund account, including accrued Program Income. Such authority is based on CITY being in compliance with all Federal Rules and Regulations governing the CDBG PROGRAM, and the COUNTY CDBG Reallocation Guidelines. Santa Clara County r Housing and Community Development Program FY 01/02 City/County Contract ~r B. Program Performance b,~. CITY shall: i 2. C Conduct the PROGRAM within Santa Clara County, for the purpose of benefiting low and very low income households. File quarterly reports with COUNTY on the type and number of services rendered through the operation of the PROGRAM and a description of the beneficiaries of these services, which reports shall evaluate the manner in which the PROGRAM is achieving its objectives and goals as a participating non-entitlement city. Fiscal Responsibilities of CITY.. CITY shall: 1. Appoint and submit the name of the CITY managerial staff who shall be responsible for the financial and accounting CDBG activities of CITY, including the receipt and disbursement of CITY CDBG funds. Tl~e COUNTY shall immediately be notified in writing of the appointment of a new fiscal agent and that agent's name, and CITY will submit three (3) new signature cards if applicable. 2. Establish and maintain an accounting system that shall be in conformance with generally accepted principles of accounting. The accounting system shall be subject to review and approval of COUNTY. 3. Document all PROGRAM costs by maintaining records in accordance with Section III, Pazagraph D below. 4. Submit to the COUNTY request for reimbursement, as needed, supported by documentation as agreed to by CITY and COUNTY. Certify current and continuous insurance coverage of CITY, subject to approval of COUNTY and in accordance with requirements as outlined in Exhibit "G" (Insurance); and obtain certificate of sufficient insurance from all subrecipients which shall list CITY as additional insured. 6. Subparagraph C. 1) through 5) above are express conditions precedent to disbursement of any COUNTY funding and failure to comply with these conditions may, at the discretion of COUNTY, result in the suspension of funding or termination of specific projects in non-compliance; or initiate the suspension of funding or termination of this Contract as provided for herein. 7. CITY is liable for repayment of all disallowed costs and ineligible activities. Disallowed costs and ineligible activities may be identified through audits, monitoring or others sources. CITY shall be required to respond to any adverse findings which may lead to Santa Clara County 3 Housing and Community Development Program FY 01/02 City/County Contract i M~ any duly authorized representatives shall have the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROGRAM and matters covered by this Contract. CITY will be notified in writing of intended audits. CITY will be notified in writing of intended inspections of records and facilities and of intended audits no less than three business days before such inspections or audits. CITY will be required to respond in writing to the HCD Program Manager to any audit findings, and have the responses included in the final audit report. The cost of any. such audit will be borne by COUNTY. G. Compliance with Law. CITY staff shall become familiaz and comply with and require all its subcontractors, independent contractors and employees, if any, to become familiar and comply with all applicable Federal, State and local laws, ordinances, codes, Regulations and decrees including, but not limited to, those Federal rules and Regulations, executive orders, and statutes identified in "F" ASSURANCES. Specifically, CITY shall comply with the requirements of OMB Circular No. A-87,."Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments", and OMB Circular A-128 "Audits of State and Local Governments." In addition, CITY will comply with Federal Regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local, State or Federal laws applicable to this PROGRAM. - IV. OBLIGATIONS OF COUNTY A. Method of Payment. During the term of this Contract, COUNTY shall reimburse CITY" for all allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the total sum of the beginning fiscal year Cash Control Record plus all Program Income accrued during the fiscal year. Reimbursement for eligible expenses will be paid by COUNTY within thirty days (30) of the date the reimbursement request is received by COUNTY HCD staff, under the provision that the CITY has complied with all PROGRAM regulations, and contract conditions agreed to by CITY and COUNTY. Reimbursement may be held back, in part or in full, by COUNTY, in the event of CITY'S non-compliance to PROGRAM regulations and conditions. Substantial non-compliance includes, but is not limited to, incomplete documentation of expenses, failure to submit adequate documentation of PROGRAM progress as described in III, paragraph B.2, of this Contract, failure to provide and maintain an accounting system that shall be in conformance with generally accepted principles of accounting, or based on the suspension . or termination of the Grant to COUNTY made pursuant to the Housing and Community Development Act of 1974, as amended. Santa Clara County J~ Housing and Community Development Program FY 01/02 City/County Contract B. Contract Non-compliance. If CITY fails to comply with any provision of this Contract (24 CFR 85.43 "Enforcement") COUNTY shall have the right to terminate this contract or to require corrective action to enforce compliance with such provision. Examples of non-compliance include but are not limited to: If CITY knowingly has made any material misrepresentation of any nature with respect to any information or data furnished to COUNTY in connection with the PROGRAM. If there is pending litigation with respect to the performance by CITY of any of its duties or obligations under this Contract which may materially jeopazdize or adversely affect the undertaking of or the carrying out of the PROGRAM. The CITY and COUNTY may negotiate a reinstatement of this Contract following termination or conclusion of such litigation. If CITY has taken any action pertaining to the PROGRAM, which action required COUNTY approval, and such approval was not obtained. 4. If CITY is in default under any provision of this Contract. If CITY makes improper use of COUNTY funds. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines, or Joint Powers Agreement. C. Corrective Action Procedure. Once non-compliance is established the following procedure shall be initiated: COUNTY HCD Program Manager and CITY Manager shall negotiate a time frame and course of action for correcting the non-compliance; 2. Under this Contract, CITY shall provide COUNTY with a written plan and time frame for correcting the non-compliance issue (s). Such plan shall be submitted by CITY to COUNTY within thirty (30) days of the initial non-compliance meeting between CITY and COUNTY. CITY must initiate the corrective action procedure within sixty (60) days of the initial non-compliance meeting between the COUNTY HCD Program Manager and the CITY Coordinator (COUNTY, at their discretion, may extend this time line for extenuating circumstances); i Santa Clara County 7 Housing and Community Development Program FY 01/02 City/County Contract • COUNTY Charles Chew, HCD Program Manager Housing and Community Development Program 1735 North First Street, Suite 265 San Jose, CA 95112 CITY Name of CITY Address of CITY Name of CITY MANAGER All notices shall either be hand delivered or sent, by United States mail, registered or certified, postage prepaid. Notices given in such a manner shall be deemed received when hand delivered or seventy-two (72) hours after deposit in the United States mail. Any parry may change his or her address for the purpose of this section by giving five days written notice of such change to the other party in the manner provided in this section. VII. TERMINATION A. In addition to the COUNTY'S right to terminate for cause set forth in Section V, either COUNTY or CITY may suspend or terminate this Contract as provided for in 24 CFR 570, at Subpart J "Grant Administration", and/or 24 CFR 85.44 "Termination for Convenience". Provisions of the Reallocation Guidelines will apply, but may be adjusted if termination is for cause. B. Upon termination, either under this Section VII or Section V, CITY shall: be paid for all documented services actually rendered to COUNTY to the date of such termination; provided, however, COUNTY shall be obligated to compensate CITY only for that portion of CITY'S services which are allowable costs and expenses as determined by an audit or other monitoring device; 2. turn over to COUNTY immediately any and all copies of studies, reports and other data, whether or not completed, prepazed by CITY or its subcontractors or subrecipients, if any, in connection with this Contract. Such materials shall become property of COUNTY. CITY, however, shall not be liable for COUNTY'S use of completed documents if used for other than the services contemplated by this Contract; and Santa Clara County 9 Housing and Community Development Program FY 01/02 City/County Contract IX. PROGRAM INCOME . Income generated by the PROGRAM shall be regulated by all provisions of 24 CFR 570 Subpart J "Grant Administration", and the Santa Clara County CDBG REALLOCATION GUIDELINES. (C. 1. a.c . ) X: INDEPENDENT CONTRACTOR This is a Contract by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CITY and COUNTY. CITY, including its officers, employees, agents, independent contractors or subcontractors, shall not have any claim under this Contract or otherwise against COUNTY for any Social Security, Worker's Compensation, or employee benefits extended to employees of COUNTY. XI. ASSIGNABILITY A. This Contract may not be assumed nor assigned to another CITY, CORPORATION, PERSON, PARTNERSHIP or any other entity without the prior written approval of COUNTY. B. None of the work or services to be performed hereunder shall be assigned, delegated or . subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts shall be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or subcontract, the subcontractors, assignees or delegates shall be deemed to be employees of CITY, and CITY shall be responsible for their performance and any liabilities attaching to their actions or omissions. The use of the word "employees" in this paragraph is limited solely to activities by those persons described herein, related to the management and potential repayment of the program funds provided for in the Contract. The use of the term here does not create liability for personal injuries, worker's compensation or other forms of liability, obligation or responsibility which flow from employee/employer relationships. XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION COUNTY and CITY agree to maintain the confidentiality of any information regarding applicants for services offered by the PROGRAM pursuant to this Contract or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only if permitted by law or as necessary for purposes Santa Clara County 11 Housing and Community Development Program FY 01/02 City/County Contract XV. NONDISCRIMINATION CORPORATION shall comply with all applicable Federal, State and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall CORPORATION discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. XVI. Amendments to the terms or conditions of this Contract shall be requested in writing by the party desiring such amendments, and any such amendment shall be effective only upon the mutual Agreement in writing of the parties hereto. XVII. INTEGRATED DOCUMENT This Contract, in conjunction with the Santa Clara County CDBG Joint Powers Agreement, contains the entire agreement between COUNTY and CITY with respect to the subject matter hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer,. agent or employee of COUNTY prior to execution of this Contract shall affect or modify any of the terms of obligations contained in any documents comprising this Contract. XVIII. ATTORNEY'S FEES In the event it becomes necessary for any party to obtain legal counsel to enforce the terms of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. XIX. MISCELLANEOUS A. The captions of this Contract are for convenience of reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Contract. Santa Clara County 13 Housing and Community Development Program FY 01/02 Ciry/County Contract t. ~ ~ ~ ) CER'~ICATTONS E%HIBIT E In accordance with the applicable statutes and the regulations governing the conaoiidraed plan regulations, the jurisdiction certifies that: Afllrmativaly Farther Felt Housing -'Tile jurisdiction will affitrnatively further fair housing, which means it will conduct an analysis of irnpedimmts to fair housing choice withu- the jutisdictioa, take appropriate actions to. overcome the effects of any irap~intents Identified through thtt analysis, and maintain rocords reflecting that analysis and actions in this regard. Anti-displacement and Relocation)Slat• - It will comply with the acquisition end relocation requiremeats.ofthe UaifomtRelocation Asaistence and.Real Property Acquisition 1'ulicies Act of 1970, as amended, and implementing regulations at 49 CPR. 24; and it has is effect and is following a residential antidisplacement r•ttd relacationassistance plan required tmdu section l04(tl) of the Housing aryl Community Development Act of 1994, as amended, ut connection with any activity assisted with funding under the CDBG tn• HOME programs. Drag FYee R'orkplace -- It will or will continue to provide a drug-flee workplace by: 1. Publishing a statement notifying employees that the unlawful manufactttrc,distribution, dispensing, possession, ar use of a controlled su>K,tattce is prohibited in the lgatnee's workplace and spaifyfog the actions that will be taken against employees far viafation of such prolubifion; 2. Eatabiishing an ongoing drug-free awareness prot;lam to infornt employees about - {a) The dangers of drug atiuse in the workplace; (b) 'lbe gtantce's policy of maintaining a drugfree workplace; {e) Any aveliabk drug co»rtseling, rehabilitation, cad emplayee essistatincF programs; end (d) The penalties thaz may be imposed upon empleyees for drug abuse violations occtmirtg in the workplace: 3. Making it a requitement that each employee to M: erip~ged in the performaiice of the gtarit be given a copy of the statement required by patagngth I; 4. Notifying the employee in the statement requ6ed by paragraph ! that, as a condition of employmrnt under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violati.oa of a criminal drug statute occtnring to the workplace no later than five calendar days aRer such conviction; 5. Notifying the agency in writia$, within ten calendar days after teceivutg notice under subparagraph 4(b) from an employee or otherwise trocciving actual notice of such conviction. Employers df convicted employees must provld~: notice, including posilimi title, to every grMt officer ar other designee on whose grant activity the convicted employec was working, unless -the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affrcted grant; • Specific CDBG Certifications • The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and a~mr[tunity development plan identifies community development and housing needs and sp~ifies both short-term and longderm community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 rmd CFR 24 pert 570} Following aPlan - Tt is following a current consolidated plan (or Comprehensive Housing eiffordability Strategy) that has been approved by HUD. (lse of Fonds - It has complied with the following criteria: I. +~I,gximum Feasibte Priority. With respect to actitties expected to be assish:d with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families oraid in.the prevention or elimination of slums or blight. The Action Plan may also incbrde activities which the gnrmee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious end immediate threat to the health or we11'are of the comm~mity, and other financial resources ate not available); 2. Overall Benefit. 'Ilia aggregate use of CDBG funds including section 108 guaranteed loans doting program year{s)199~Q01 02 (a penal specified by the grantee r;onsisting.of one, two, or three specific consecutive program years), shall principally benefit Fiersons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons doting the desigaatcd period; 3. Streciel AssesBpeats. it will not attempt to recover any capital costs of public improvements . assisted with CDBG funds including Section 1081oan guaranteed funds by assessing any amount against properties owned and occupied by persons of tow and moderate income, including any fee charged or assessment made as a condition of obtaining acceos to such public improvements. However, if GDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) firnmced from other revenue sources, as assessment or charge may be made against the properly with rea'pect m the public improvemrnts financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDfiG funds are used to pay dte proportion of fee or assessment attributable to the capital costs of public improvements' fmanced from other revenue sources. m this case, an assessment or charge maybe made against the property with respect to the public improvements financed by a source other than CDBG funds. Al,;o, in the case of properties owned and occupied by moderate-inaime (not low-income) families, an assessment or charge may be made against the property for put lie improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Specific HOIVTE Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -. If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible AetivlGes and Costs - it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92209 and that it is not using and will not use IIOME funds for prohibited activities, as described is § 92.214. Appropriate F"manciai Assistance -before committing any fiords to a project, it will evaluttt the project in accordance with the guidelines that it adopts for this purpose and will not invest any morn HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; r ignature/Authorized Office 1 June 27, 2001 Date County.Executive Title nucunte~r x,t LOCAL GOVERNMENTGRANTEE EMERGENCY SHELTER GRANTS PROGRAM CERTIFICATIONS BY THE CHIEF E)CECUI'IVE OFFICER [, RirhaC~ Witt,, rho _ Chiefl:xecutivet7fficerof Santa Clara County .certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 2~1 CFR 376.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local govenuneM will comply with: (1} The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the rtquirements thr<t: (Aj the inability of the family to make the required payments must be the result of a sudden reduction in htr-0lne; (B) the assistance must be necessary to avoid c+iclion of fire family or termination of the services to the family; (C}there must be a teuooabte prospect that the family will be able to resume payraems within a reasonable period of time; and (D) the assiytiance must not supplant funding for preexisting homeless prevernion activities from any other source. (2} The requirements of 24 CFR 576.53 coneeming dre continued rue of buildings for which emergency shelter gxertts alt used for rehabilitation or conversion of bui4iings for use u emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. (3} - 'lire building smndards requitement of 24 CFR 576.55; (4) The requirements of 24 CFR 576.56, conceming assistance ro the homeless; and (5) The requirements of 24 CFR 57657, other appn>(,utate provisions of 24 CFR Part 576, and other applicable Federal laws concaniog rrondiscrimiaaIion and equal oppoRunity. (6) The requirements of 24 CFR 576.59(b) concerning the Uttifomr Relocation Assistance end Real Property Acquisition Policies Act of [970. (7} The requirement of 24 CFR 576.59 concerning miaiml"~ the dispWamrnt of persons as a molt of a project assisoed with these funds, (8) The requirementr of 24 CFR Part 24 concerning the Dnrg Free Workplace Act of 1988. (9) The requirements of 24 CFR 576.56(x} aad 576.65(b) that grantees develop and inrplcment ' procedures ro ensure the wnfiderrtiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shellac project vvill not be made public., except with written authorization of the person or persons responsible for the openrtion of such shelter. APP)cI~IbI7C TO CER1'IFICATIOIYS INSTRUCTIONS CONCERNING LOBBYING ANb DRUG-FREIi WORKPLAC$ REQUIR.F,MENTS: A. Lobbving_Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite .for malting or entering into this transaction imposes! by section 1352, title 31, U.S. Code. Any person who fails to file the required certificatitm shall be subject to a civil penalty . of not less than $10,000 and not more than $100,000 for each such failtue. B. Drue-Free Worknlace Certification By signing and/or submitting this app&caticm or grant agreement, the grarrtee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grattt. '(fit is later determined that the grantee knowingly rendered a false certi£a-tion, or otherwise violates the requirements of the Drug-Free Workplace Act, IiiJD, ur addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified iri the grant application. If tbe grantee does not identify the workplaces ~ the time of application, or upon award, if there is no application, the grar}tee must keep the identity of the workplace(s) on file is its office and mt:ke the information available for Federal inspection. Failure to identify :dl known worldlaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include tba actual address of builditt~;s (vr parts of buildings) or other Bites where work under the gt'artt takes place. Categorical descriptions may be uerd (e.g., all vehicles of fl mass transit authority or State highway depattmrtit while in operation, State employees in each Iocal unemployment office, performers in concert: halls or radio stations). S. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified Ute workplaces in question (see paragraph three). EXI;QBT1' F ASSURANCES CORPORATION hereby assures and certifies that it will comply with all regulations, policies, guidelines and requirements applicable to the acceptance and use of Federal funds for this Federally-assisted program and will be responsible for implementing and complying with all relevant future changes to Federal Regulations or OMB Circulars. Specifically CORPORATION gives assurances and certifies with respect to the PROGRAM that it is in compliance with the following Regulations as defined by 24 CFR, Part 570, Subpart J; 24 CFR, Part 570, Subpart K; and will be conducted and administered in conformity with "Public Law 88.352 and Public Law 90-284. 570.601. Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063, as amended by Executive Order 12259 addresses discrimination. HUD regulations implementing Executive Order 11063 are contained in 24 CFR, Part 107. 2. 570.602. Section 109 of the Act addresses discrimination. 3. 570.603. Labor Standards. 4. 570.604. Environmental Standazds. 5. 570.605. National Flood Insurance Program. 6. 570.606. Relocation, Displacement and Acquisition. 7. 570.607. Employment and Contracting Opportunities. 570.608. Lead-Based Paint. 9. 570.609. Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients. 10. 570.610. Uniform Administrative Requirement and Cost Principles. The COUNTY, its Subrecipients, agencies or instrumentalities, shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 (Common Rule), and OMB Circulars A-110 (Grants and Agreements with Non-Profit Organizations), A-122 (Cost Principles for Non- Profits), A-128 (Audits of State and Local Govermnents-implemented at 24 CFR, Part 24), and A-133 (Audits of Institutions of Higher Education and Other Non-Profit Institutions), as applicable, as they relate to the acceptance and use of Federal funds . under this part. The applicable sections of 24 CFR, Part 85 and OMB Circuaaz A-100 are set forth at 570.502. EXHIBITF-ASSURANCES 1 REVISED 14/15100 EXHIBIT G B-2 (HCD-O) INSURANCE REQUIREMENTS FOR • NON-CONSTRUCTION /NON-PROFESSIONAL CONTRACTS ABOVE $100,000 Indemni The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage azising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coveraee Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The County's Special Endorsement form shall accompany the certificate. Individual endorsements executed by the insurance carrier may be substituted for the County's Special Endorsement form if they provide the coverage as required. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualif ~~me Insurers All coverages, except surety,. shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A V, according to the . current Best's Key Rating Guide or a company of equal. financial stability that is approved by the County's Insurance/Risk Manager. EXHIBIT G B-2 (HCD-O) b. Primary Insurance Endorsement: Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. c. Notice of Cancellation or Change of Coverage Endorsement: Insurance afforded by this policy shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa. d. Contractual Liability Endorsement: Insurance afforded by this policy shall apply to liability assumed by the insured under written contract with the County of Santa Clara. • 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 5. Workers' Compensation and Employer's Liabilit~Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollazs ($1,000,000) per occurrence. c. Coverage under the United States Longshoremen's and Harbor Workers' Act shall be provided when applicable. D. Special Provisions The following provisions shall apply to this Agreement: • 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant EXHIBIT H . DECLARATION OF CONTRACTOR . (to be completed by all Type I or Type II contractors) A. [x] This is a Type I service contract under the Board of Supervisor's Resolution on Contracting Principles. If this box is checked, please complete the following: Type I Category: Section II C.6 Explanation: -Contract with other public agencies. B. [ ] This is a Type II contract under the Board of Supervisor's Resolution on Contracting Principles. C. To be completed by Contractor: The contractor currently has other Couniy Contracts for the same or similar services: [ ] Yes [ ] No If Yes is checked, please list and describe contracts, types and dollar amounts. D. I am authorized to complete this form on behalf of (name of contracting entity). • I have used due diligence in obtaining this information, and this information contained herein is complete and accurate. Signature: Name: Title: Contractor Date: Contracts #3 99/00 City/County Contract grg/9/15/99 URBAN COUNTY HOUSING REHABILITATION SERVICES EXHIBIT I Description: The Santa Clara County Housing Rehabilitation Program provides services to the City/Town. The County shall provide a large range of housing rehabilitation services including application processing, bid process, loari preparation, construction monitoring and loan servicing. (See attached Santa Clara County Housing Rehabilitation Program Guidelines.) RESPONSIBILITIES OF THE COUNTY 1. Review client's application, verify that client's property is located in the appropriate jurisdiction and make a preliminary determination regarding income eligibility in accordance with most current income guidelines determined by Federal Department of Housing and Urban Development for Santa Clara County. 2. Continue to process application, order credit report and preliminary title report, schedule termite inspection and conduct an Minor Rehabilitation Environmental Review (MRER) of the property in accordance with NEPA requirements, as applicable. 3. Schedule and meet with the Loan Review Committee to discuss client's application, income status and proposed.work scope. Advise client of the final decision regarding approval/disapproval and loan terms. (See attached Santa Clara County Housing and Community Development Loan Committee Policies and Procedures.) 4. Inspect property to assist client in assessing and designing needed property improvements in order to bring the property in conformance with local building and housing codes, as well as prepare a Project Cost Estimate (scope of work) detailing the proposed work items and cost estimates. 5. Review work write-up with the client. Invite contractors to submit written bids based on approved scope of work. Review bids with client and assist client in selecting the responsible bidder who submits the lowest price bid. Verify that selected bidder complies with all insurance and licensing requirements. 6. Prepare all loan documents for signature and recordation as appropriate, such as Deeds of Trust, Promissory Notes, Notices of Right to Cancel, Truth in Lending . Disclosure Statements, Requests for Notice and Owner Participation Agreements, etc. agm[.hsg.rehab: exibi[ I I (/27/01 3. Run a public service advertisement on the local public access television station at least • twice annually describing the Housing Rehabilitation Program. 4. Refer pre-screened call-in or walk-in clients who appear to meet basic program criteria to the Housing Rehabilitation Program. Clients that have applied and withdrawn shall be processed as new applicants after a period of six months from date of the previous application. 5. Upon execution of the contract by designated City and County officials, the Gity/Town shall make a lump sum transfer of $200,000.00 from the Revolving Housing Rehabilitation Loan Fund to the Santa Clara County Housing Rehabilitation Program to be applied to project costs for four (4) new projects. 6. Upon execution of the contract by designated City and County officials, the City/Town shall transfer $20,000.00 from City/Town's CDBG funds to the County for Housing Rehabilitation Services for staff costs to fully execute (4) four new rehabilitation loans during the program year specified by the attached contract. 7. If the agreed upon number of four (4) loans is exceeded and upon mutual agreement between the County and the City/Town, the City/Town shall transfer to the County $2,500.00 for any project completed from initial application through bid opening and an additional $2,500.00 for any project completed through project closeout. The same shall apply to any project that is discontinued by the client. 8. In the event that County staff is required to exceed the prescribed responsibilities set forth herein, the City/Town shall compensate the County for professional staff work at the rate of $60.00 per hour per professional staff member. CDBG funding amount $20,000.00 Unduplicated clients 4 Cost per year per client $5,000.00 Total Program Budget $20,000.00 agm[.hsg.rehab: exibit] 11/27/01 3 SANTA CLARA COUNTY COOPERATIVE HOUSING REHABILITATION PROGRAM GUIDELINES I. INITIAL APPLICATION • Mail or deliver application packet to property owner with explanation of basic program objectives and procedures (see attached Guidelines). • Review client's application and verify household income, household size, applicant's age, credit history, and other information pertaining to loan processing. • Obtain applicant's authorization to gather financial information. and order Credit report. • If applicant is willing to continue and eligibility seems likely, order preliminary title report. ~'~ Order Structural/Pest Control report, if applicable. APPLICABLE DOCUMENTS '\ • Application Form • Authorization Form • Request For Information Form • Informational Brochures • Environmental Review Form INITIAL INSPECTION • Meet with property owner, and inspect the property for conformance with building, housing, and healt codes. Explain to property owner what type of repair~w r~C is eligible (ie.. Health and Safety Items), and what type is considered General Property Improvements. Termite inspection report will be incorporated into the work write-up. REHAB PROCEDURES-2000 1 • Mail bid invitations and packages to contractors. • Inform property owner that during a given period, (usually one week) contractors will be calling to make . appointments for site inspections; or, in cases of property owners who need assistance, an open house is scheduled for a given afternoon and contractors are allowed site inspection at that time only. • Hold bid opening at pre-determined time, date, and location. • Review bids for program. compliance and mathematical accuracy. • Review responsible bids with property owner and contractor is selected by owner. Property owner is allowed to choose any bid which is within a 10% range of Rehab Specialist's estimate, or the lowest bidder. VI. APPLICABLE DOCUMENTS • Invitation To Bid • Instructions to Bidders • Bid Document • Work Write-up with Estimates • Bidder's Qualifications •Addenda LOAN CLOSING • Prepare loan documents based on accepted bid amount, contingency amount, design costs, inspection costs, appraisal costs, title fees, and other necessary costs. • Obtain property owner's initials on loan fact sheet. • Prepare contract between property owner and contractor based on accepted bid amount. Contract includes total construction costs and projected dates for beginning and end of construction. • Meet with property owner for signing of loan documents. • Concurrently, contractor signs construction contract and REHAB PROCEDURES-2000 3 APPLICABLE DOCUMENTS • Contract Award • Contract Agreement • Lead Base Paint Notification • Notice To Proceed • Progress Payment Request • Change Orders • Final Inspection Report VIII. PROJECT CLOSEOUT • Obtain lien releases from contractor for subcontractors and material suppliers. • Review County Recorder's records for any construction related liens attached to property. • Assist owner in obtaining any warranty or guarantee documents or materials, from contractor. • Issue final payment to contractor after all conditions are met and designated waiting period has expired. Waiting period is 35 days after notice of ccmpletion is recorded. • Mail Project Evaluation form to property owner. APPLICABLE DOCUMENTS • Notice of Completion • Certificate of Final Inspection ~• Lien Release Forms • Roof and Other Warranties • Contractor's Affidavit • Project Evaluation Form REHAB PROCEDURES-2000 5 SANTA CLARA COUNTY • HOUSING AND COMMUNITY DEVELOPMENT LOAN COMMTITEE POLICIES AND PROCEDURES Purpose The purpose of the Santa Clara County Housing and Community Development (HCD) Loan Committee is to evaluate loan applications and approve loan terms for projects that have been recommended by the Housing and Community Development Program. Committee Objectives 1. Review and approve/reject all applications for rehabilitation loans in a timely manner. 2. Assure that all loans approved are in conformance with all appropriate Federal, State, or local requirements. 3. Provide housing rehabilitation loans to clients most in need of assistance. 4. Approve loans with the most effective mix of available funding sources. Committee Membership and Terms of Service The Loan Committee is composed of three (3) County staff appointed by the County Executive. There is no limit to the length of tenure in the position and the members serve at the discretion of the County Executive. The desired expertise for committee membership includes knowledge of Federal, State, or local housing programs, awareness of local affordable housing needs, and financial procedures in real estate transactions. Committee Staffine HCD staff provides technical assistance and staff support to the Loan Committee. Specific HCD staff support members are the HCD Program Manager and Housing Rehabilitation Coordinator. Other HCD staff provide additional committee support as needed. -1- Basic Loan Policies 1. All loan applications and requests will be considered on a first-come first-serve basis. However, priorities will be considered in cases of great need or urgency as defined by each funding source guideline. Need includes factors such as income, age and physical condition of client, overcrowding and any existing health or safety issues. Urgency includes any factor that presents a serious health or safety threat. - The Loan Committee will follow basic funding source (CDBG, ESG, HOME, etc.) guidelines in judging a project or client's suitability for loans. 2. All loans will be distributed in a manner assuring 100% low income (80% of County median income) or very low income (50% of County median income) benefit except where the funding source guideline (i.e. CALDAP) instructs otherwise. \ 3. All loans to homeowners for single family residential rehabilitation (i.e. unincorporated County, City of Cupertino, City of Los Altos, Town of Los Altos Hills, Town of Los Gatos and City of Satatoga) will be awarded as shown on the attached Housing Rehabilitation Loan Opportunities chart. The loan can be deferred at 0% or 6% annual percentage rate (APR) or amortized at 0% or 3%. The length of the loan will be 15 years unless some special exception is justified. 4. Other loans such as loans to Non-Profits for acquisition and rehabilitation of an existing structure for the purpose of creating or maintaining low cost housing will not have a specific loan amount limit. Unless a case for an exception can be made, the loan terms will be 6% APR if the loan is deferred and 3% if the loan is amortized. The length of the loan will be 30 years unless an exception is necessary to assure the long term affordability of the rents or viability of the project. All of the loans are secured by a deed of trust. 5. All loans, be it acquisition and rehabilitation, new construction, or acquisition only, shall be submitted to the Loan Committee for review. The Loan Committee has the option to establish the terms of the loan or to recommend that the applicant request a grant from the Board of Supervisors. Irc.pol & pro.9/13/96 -3- _ 5/1/01- Draft ACTIVITY SARATOGA: SA-02-11 SA-02-12 SA-02-31 SA-02-41 SA-02-53 SA-02-91 0 i l ATTACHMENT B $165,874 + $15,000 Adman = $180,874 _ Public Service Cap - 536,667 CITY PROJECTS FY 2001/02 SANTA CLARA COUNTY HCD PROGRAM PROJECT AG t•NCY/NAMF Project Match -Long Term Lease Blauer Avenue Senior Home Cupertino Community Services - Vista Drive Development Saratoga Area Senior Coordinating Council Senior Day Caze Program ADA - Hakone Urban County Rehab Services General Administration TOTAL JnWdtY Pmjects/[y01/02 DRAFr - 5/1/01 \._J FUNDING AMOUNT 19,500- 39,707 36,667 50,000 20,000 15,000 $ 180,874 f 0 0 o m o 0 0 0 0 0 0 0 0 0 N m m n o 0 0 0 0 0 0 0 0 0 m m m c'p o o n o o n n o 0 o+ c? d d n in N o °n n° ~ o° ° 0 v n' m d o n ai m ~c o 0 d N~ tp p t~ O N M N N O O O O O O O O O O O n n G G O O f0 O O N n {p O O O~ O) tp O O f7 f7 Y1 N O 01 t0 Oi O q N n O O O O O O O O O O m O ~ M N ~ N < Ol d ~ N N O d N ~p O ~ d M n W N ~ E Q~ O Q ~ .~ c O ~ o 0 ~j ~ N _Y IQ, T 1LFL~j41 `O~ v o ~ ~ o O 'ti d N ~ .~ Uxv~ / .l/-1 d d ~ . „M , h~ h m a o- ~ m w m ~ in'v n m rn m~ m m o 0 0 0 0 0 0 0 0 0 0 a a a a¢ a a a a a a N N ~t'. ((a N N N N M N M M N M M N O O O O u 0 o S u of e-0 m v<i n P O 'ry n e ~ o t v m m °o o m o ~"' C> 3 ~ N mc ~~ N ~ p N .Q J O > ~ ~ 3 ~~p o ~ p ~ ~ LL 'iq U o ~ m Q o0 ~„ m ~ ~ m ~~ x N m N Q a v _o ~~ .Z V ~ n e E c ' U ~i c ~ f~j ~ d o 2 O ~ ~ O C ~ H ~' N M O b ~ ~ m. y ~ p ~ ~ ~ C N N N' gu c y E ~ m ~ °' ~' g' _ ~ d 'uj m S '~ (7 N cg n c m o ~~ O 2 v c ~i ~i G7 a` c) af0~ a ~ t7 z h W m + v m 0 0 °0 0 o p ATTACHMENT C ~~ ~~ SARATOGA CITY COUNCIL MEETING DATE: February 6, 2002 AGENDA ITEM: PREPARED BY: DEPT HEAD: ORIGINATING DE :City pager CITY MANAGER: ~~~ SUBJECT: Appointment of 2°' Alternate -Policy. Advisory Board for the Comprehensive County Expressway Planning Study RECOMMENDED ACTION: Council appoint one member to act as the 2nd alternate to Policy Advisory Boazd (PAB) for the Comprehensive County Expressway Planning .Study. REPORT SUMMARY: On December 19, 2002, the Sazatoga City Council appointed Councilmember Ann Waltonsmith and Mayor Nick Streit to represent the City of Saratoga on the PAB. 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. Occasionally situations arise when both the appointed Councilmember and the alternate are not able to attend a meeting. To guarantee the City would be represented at all PAB meetings it would be the appropriate time to appoint a 2°d alternate. The first meeting the 2"d alternate is requested to attend is scheduled for Thursday, May 23, 2002 at 7:30 p.m. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Saratoga would not be represented at all PAB meetings. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Notify the Santa Clara County Boazd of Supervisor's Office with the City's 2nd alternate appointment. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A { ATTACHMENTS: y None ~' 2of2